Definition of "Reasonable Factors Other Than Age" Under the Age Discrimination in Employment Act

Docket ID: EEOC-2010-0002
Agency: Equal Employment Opportunity Commission (EEOC)
This item was merged with RIN 3046-AA76, which will be the RIN used to identify the Final Rule. On March 31, 2008, the EEOC published a Notice of Proposed Rulemaking (NPRM) concerning the disparate impact burden of proof under the Age Discrimination in Employment Act. 73 FR 16807 (March 31, 2008). In addition to requesting public comment on the proposed rule, the Commission asked whether regulations should provide more information on the meaning of "reasonable factors other than age" (RFOA) and, if so, what the regulations should say. After consideration of the public comments, and in light of the Supreme Court decisions in Smith v. City of Jackson, 544 U.S. 228 (2005), and Meacham v. Knolls Atomic Power Lab., 554 U.S. 84, 128 S. Ct. 2395 (2008), the Commission issued this NPRM to address the scope of the RFOA defense. Accordingly, before finalizing its regulations concerning disparate impact burden of proof under the ADEA, the Commission will conduct this rulemaking to amend its regulations concerning RFOA. A Final Rule will cover the issues addressed in both NPRMs.
RIN: 3046-AA87
Impacts and Effects: Small Entities (Business, Governmental Jurisdictions, Organizations)
CFR Citation: 29 CFR 1625.7(b),(c)
Priority: Other Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Fall 2011
Agenda Stage of Rulemaking: Completed Action
Major Rule: No
Legal Authorities: 29 USC 628
Legal Deadlines: None
Government Levels Affected: Federal, Local, State, Tribal
Federalism Implications: No
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: No
Small Entities Affected: Business, Governmental Jurisdictions, Organizations
International Impacts: No
Energy Effects: No
Included in Regulatory Plan: No
ActionDateFR Citation
NPRM02/18/201075 FR 7212
NPRM Comment Period End04/19/2010
Merged With 3046-AA7607/26/2011
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Short Title: RFOA under the ADEA
Keyword(s): EEOC, ADEA, RFOA, Reasonable Factors Other Than Age, Age Discrimination
Type: Rulemaking

Primary Documents

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Comment Period Closed
Apr 19, 2010 11:59 PM ET
Proposed Rule
Posted: 02/18/2010
ID: EEOC-2010-0002-0001

Supporting Documents

No documents available.


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Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Current Stage
Agency Contact
Dianna B. Johnston
Senior Attorney Advisor, Office of Legal Counsel
202 663-4657
202 663-4679 (Fax)
131 M Street NE
Washington, DC 20507
Lyn McDermott
Senior Attorney Advisor, Office of Legal Counsel
202 663-4663
202 663-4679 (Fax)
131 M Street NE
Washington, DC 20507
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.