Employment Law Blog

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May 17, 2010

Vigilant counters proposed EEOC rule on age discrimination defense

Vigilant News 

Employers who rate workers on flexibility, willingness to learn, or technological skills would risk liability for age discrimination, according to proposed regulations from the U.S. Equal Employment Opportunity Commission (EEOC). Vigilant, as an advocate for our member employers, submitted written comments objecting to this and other provisions in the EEOCs proposal.

The Age Discrimination in Employment Act (ADEA) allows an employer to use reasonable factors other than age to make employment decisions. The EEOC needs to revise their regulations to bring them into line with U.S. Supreme Court decisions affirming that business objectives such as the need to set competitive entry-level wages for recruiting and retention are reasonable factors other than age. Unfortunately, the EEOCs proposal indicates that the agency expects a highly technical, idealized approach to decision-making that simply doesnt fit with the realities of running a business (75 Fed Reg 7212, Feb. 18, 2010).

The comment period closed on April 19, 2010. Now we wait.

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