Total Articles: 5
EEOC Approves Rule Defining RFOA Defense in ADEA Disparate Impact Claims; Discusses Disabled Veterans' Hiring Obstacles
During a public meeting held on November 16, the Equal Employment Opportunity Commission (EEOC) voted 3-2 in favor of a draft final rule defining the parameters of the “reasonable factors other than age” (RFOA) defense under the Age Discrimination in Employment Act (ADEA). The rule will now be sent to the Office of Management and Budget (OMB) for review, and upon approval, published in the Federal Register as a final rule. Following the vote, the Commission held a panel discussion on hiring obstacles that face disabled veterans.
U.S. Supreme Court Issues Employer-Friendly ADEA Ruling.
In a 5-4 decision, the U.S. Supreme Court held that an employee alleging a disparate treatment claim under the Age Discrimination in Employment Act (ADEA) must prove that age was the "but for" cause of the challenged adverse employment action. Justice Clarence Thomas, writing for the majority, ruled that even where the employee has produced evidence that age was one motivating factor in that decision the burden of persuasion does not shift to the employer to show that it would have taken the action without regard to age.
Court Withdraws Controversial Age Bias Decision (pdf).
Selection criteria in RIF.
High Court Broadens Age Bias Claims (pdf).
In a very divided 5-3 ruling, the U.S. Supreme Court held this morning that employees may bring
so-called disparate impact claims under the federal statute prohibiting age discrimination.
Supreme Court Allows Disparate Impact Claims Under ADEA (pdf).
In a surprise ruling, the U.S. Supreme Court decided on March 30, 2005 that a claimant may establish liability under
the federal Age Discrimination in Employment Act (ADEA) even if there is no intent to discriminate. Smith v. City
of Jackson, Mississippi, No, 03-1160.
