Disparate Impact and Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act

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.

Agency Contact: Dianna B. Johnston, Senior Attorney- Advisor, Aaron Konopasky, Attorney-Advisor, or Davis L. Kim, Attorney- Advisor, at (202) 663-4640 (voice) or (202) 663-7026 (TTY). (These are not toll free numbers). This final rule also is available in the following formats: Large print, Braille, audio tape and electronic file on computer disk. Requests for this notice in an alternative format should be made to the Publications Information Center at 1-800-669-3362 (voice) or 1-800-800-3302 (TTY).