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EEOC | RIN: 3046-AA87 | Publication ID: Spring 2010 |
Title: Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act | |
Abstract: On March 31, 2008, the EEOC published a Notice of Proposed Rulemaking (NPRM) concerning the disparate impact burden of proof under the Age Discrimination in Employment Act. 73 FR 16807 (March 31, 2008). In addition to requesting public comment on the proposed rule, the Commission asked whether regulations should provide more information on the meaning of "reasonable factors other than age" (RFOA) and, if so, what the regulations should say. After consideration of the public comments, and in light of the Supreme Court decisions in Smith v. City of Jackson, 544 U.S. 228 (2005), and Meacham v. Knolls Atomic Power Lab., 554 U.S. ___, 128 S. Ct. 2395 (2008), the Commission issued this NPRM to address the scope of the RFOA defense. Accordingly, before finalizing its regulations concerning disparate impact burden of proof under the ADEA, the Commission will conduct this rulemaking to amend its regulations concerning RFOA. | |
Agency: Equal Employment Opportunity Commission(EEOC) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 29 CFR 1625.7(b),(c) | |
Legal Authority: 29 USC 628 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State, Tribal |
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: No | |
Agency Contact: Dianna B. Johnston Senior Attorney Advisor, Office of Legal Counsel Equal Employment Opportunity Commission 131 M Street NE., Washington, DC 20507 Phone:202 663-4657 Fax:202 663-4679 Email: dianna.johnston@eeoc.gov |