EEOC Issues Final Rule on “Reasonable Factors Other than Age” Under the ADEA


by Sayema Hameed

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a final rule clarifying an employer’s defense against claims under the Age Discrimination in Employment Act of 1967 (ADEA).  The ADEA prohibits employment discrimination against people who are 40 years of age or older.  In addition to prohibiting intentional discrimination against older workers, the ADEA also prohibits facially neutral policies and practices that have the effect of harming older workers more than younger workers (known as “disparate impact”).  The final rule explains the “Reasonable Factors Other than Age” defense to disparate impact claims under the ADEA.