Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Monday, March 29, 2010

EEOC Issues Regs on Reasonable Factors Other Than Age” (RFOA)

On  Feb. 16, 2010, CCH Workday ran an intersting posting on recent EEOC ADEA regulations on RFOA. As the article states:

The EEOC’s proposed regulations provide a nonexclusive list of factors relevant to determining whether an employment practice is reasonable:

  • Whether the employment practice and the manner of its implementation are common business practices;
  • The extent to which the factor is related to the employer’s stated business goal;
  • The extent to which the employer took steps to define the factor accurately and to apply the factor fairly and accurately (e.g., training, guidance, instruction of managers);
  • The extent to which the employer took steps to assess the adverse impact of its employment practice on older workers;
  • The severity of the harm to individuals within the protected age group, in terms of both the degree of injury and the numbers of persons adversely affected, and the extent to which the employer took preventive or corrective steps to minimize the severity of the harm, in light of the burden of undertaking such steps; and
  • Whether other options were available and the reasons the employer selected the option it did.
Mitchell H. Rubinstein

Employment Discrimination | Permalink


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