Reasonable factors other than age

The Equal Employment Opportunity Commission's rule issued last month, “Disparate Impact and Reasonable factors Other than Age Under the Age Discrimination in Employment Act,” says considerations employers must weigh in determining whether a factor is reasonable when deciding to take actions that may adversely impact older workers include:

• The extent to which it is related to the employer's stated business purpose.

• The extent to which the employer defined the factor fairly and accurately.

• The extent to which the employer limited supervisors' discretion to assess employees subjectively.

• The extent to which the employer assessed the adverse impact of its employment practices on older workers.

• The degree of harm caused to individuals within the protected age group.