prescription medicine for arthritis

EEOC limits defenses in disparate impact age cases

On November 16, the Equal Employment Opportunity Commission (EEOC) issued a draft final rule that limits an employer’s defenses in age discrimination cases by removing the “business necessity” defense from disparate impact challenges under the Age Discrimination in Employment Act (ADEA).

In particular, the rule eliminates business necessity from the ADEA’s “reasonable factors other than age” defense. In its place, the EEOC will apply a general reasonability standard borrowed from tort law. Under the reasonability standard, the EEOC will look at an employer’s entire decision-making process, rather than a particular factor like business necessity, to evaluate an employer’s policy.

The Commission drafted the new rule to make EEOC regulations consistent with Supreme Court opinions in Smith v. City of Jackson, 544 U.S. 228 (2005) and Meacham v. Knolls Atomic Power Laboratory, 554 U.S. 84 (2008). In these cases, the Supreme Court held that the “business necessity” defense has no role in ADEA disparate impact cases.

No Comments on "EEOC limits defenses in disparate impact age cases"

You must be logged in to post a comment.