Age Discrimination in Employment Act
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The Equal Employment Opportunity Commission (``EEOC'' or ``Commission'') is issuing this final rule to amend its Age Discrimination in Employment Act (``ADEA'' or ``Act'') regulations concerning disparate-impact claims and the reasonable factors other than age defense (``RFOA''). The Commission published proposed rules in the Federal Register on March 31, 2008, and February 18, 2010, for sixty-day notice-and-comment periods. After consideration of the public comments, the Commission has revised portions of the proposed rules and is now issuing a final rule covering both proposals.
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Prohibitions and Exceptions
The Age Discrimination in Employment Act (ADEA) prohibits discrimination on the basis of age against anyone who ...
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In 2000, the U.S. Bureau of the Census estimated that 12.4 percent of the U.S. population was age 65 or older. (1) Between the years 2010 and 2030, wh...
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Recognized experts in the field of labor and employment law discussed decisions of the US Supreme Court in the labor and employment arena. Older workers are no longer limited to proving that they were intentionally discriminated against on the basis of their age. In a suit brought by police officers alleging that the police department's revision of its pay plan adversely affected officers over the age 40, the Supreme Court ruled, in Smith v City of Jackson, that older workers may bring disparate impact claims under the Age Discrimination in Employment Act (ADEA). Employers should not need to make major changes in what they are doing, or should be doing, which is to review their policies and practices to check for adverse impacts on older workers, much the same as they have always done f...
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