Labor & Employment Law

EEOC: RFOA regs

EEOC published a Notice of Proposed Rulemaking on Thursday addressing the meaning of ?reasonable factors other than age? (RFOA) under the Age Discrimination in Employment Act.

The proposed rule explains that the RFOA defense applies only if the challenged practice is not based on age, and that a neutral practice that disproportionately affects older workers can be justified only by showing that the practice is objectively reasonable when viewed from the perspective of a reasonable employer under like circumstances.

The proposal sets forth non-exhaustive lists of factors relevant to determining whether a factor is ?reasonable? and ?other than age.?

Comments are due April 19.

[Federal Register]

Full post as published by Ross' Employment Law Blog on February 22, 2010 (boomark / email).