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Alexandria, Va. - On Monday, SHRM submitted comments to the U.S. Equal Employment Opportunity Commission (EEOC) on draft regulations affecting an employer’s ability to defend against lawsuits brought under the Age Discrimination in Employment Act (ADEA).
The ADEA prohibits employers from discriminating against individuals aged 40 and over with regard to terms and benefits of employment. The ADEA does allow employers, under certain circumstances, to make employment decisions that adversely affect older workers so long as the decisions are based on reasonable factors other than age.
The proposed rule attempts to clarify the meaning of “reasonable factors other than age” but, in doing so, expands the meaning beyond statutory intent and parameters set in Supreme Court cases addressing the issue. SHRM’s comments focused on three main concerns with the rule:
Although SHRM argued strongly that the proposed rule should be withdrawn, the Society suggested that the EEOC consider using the rule to create a compendium of voluntary effective practices for employers to consider when implementing a large-scale reduction-in-force.
Now that the comment period has closed, SHRM anticipates that the EEOC will review all public comments and take final action in the coming weeks.
To read SHRM’s comment, click
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