EEOC Issues Final Rule Regarding "Reasonable Factors Other than Age" Defense under the Age Discrimination in Employment Act
April 3, 2012
By: Justin L. Furrow
In certain types of cases, it is a defense to an age discrimination claim if the employer can demonstrate that the action taken (such as the termination of an older employee) was based on reasonable factors other than the employee's age. On Friday, March 30, the EEOC issued a long-awaited final rule regarding this "reasonable factors other than age" (RFOA) defense. The final rule explains the types of cases in which the RFOA defense can be used and provides guidance for determining whether a factor other than age can be considered "reasonable."