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EEOC RIN: 3046-AA87 Publication ID: Spring 2009 
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 disparate impact under the Age Discrimination in Employment Act. 73 FR 16807, Mar. 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" 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., 128 S. Ct. 2395 (2008), the Commission believes it is appropriate to issue a new NPRM to address the scope of the RFOA defense. Accordingly, before finalizing its regulations concerning disparate impact under the ADEA, the Commission intends to publish a new NPRM proposing to amend its regulations concerning "RFOA." 
Agency: Equal Employment Opportunity Commission(EEOC)  Priority: Other Significant 
RIN Status: First time 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
Timetable:
Action Date FR Cite
NPRM  08/00/2009    
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: No 
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