Michael Kalish, a Member of the Firm in the Labor and Employment practice, in the New York office, was quoted in an article titled “Age Discrimination Guidance from EEOC Increases Employer Burdens; Rule Expands on Supreme Court Rulings,” written by Judy Greenwald.
Following is an excerpt:
The Equal Employment Opportunity Commission’s recently issued guidance on age discrimination policies goes beyond the U.S. Supreme Court’s rulings on the issue and will add a burden to employers, say many observers.
Observers charge that the new ruling creates impractical and unworkable standards that employers must use to evaluate whether their actions have a discriminatory impact on older workers.
According to the EEOC, the rule clarifies that the 1967 ADEA prohibits policies and practices that have the effect of harming older individuals more than younger individuals, unless the employer can show the policy or practice is based on a reasonable factor other than age?…
Michael Kalish said the rule “injects a whole lot of what an employer needs to do in order to establish” that it has acted reasonably, defining “reasonable factors other than age” through a “multifactor test that seems a whole lot more stringent” than it was previously thought would be required.