Friday, February 19, 2010

EEOC Issues Notice of Proposed Rulemaking Regarding Defense to Age Discrimination Claims

The Equal Employment Opportunity Commission ("EEOC") released yesterday a Notice of Proposed Rulemaking that proposes to redefine a defense now available to employers facing age discrimination claims. The EEOC's proposed amendment, would change its “Differentiations Based on Reasonable Factors Other than Age” regulation, (29 C.F.R. § 1625.7) by identifying new criteria for the “reasonable factor other than age” defense in age discrimination cases. [See EEOC.gov.]