More Questions Than Answers - The EEOC's New Regulations On The ADEA

On March 30, 2012, the EEOC issued its long-awaited and much anticipated regulations on the Age Discrimination in Employment Act (“ADEA”).

Most hoped that the regulations would provide clarity for employers relative to employment practices or policies that, without intentionally meaning to do so, adversely affect older workers. In our view, the EEOC's regulations raise more questions than providing answers, and leave employers more uncertain than ever regarding the steps they must take to meet the “reasonable factor other than age” (“RFOA”) defense set forth in the ADEA and recognized by the Supreme Court in Smith v. City of Jackson, 544 U.S. 228 (2005). 

 

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