On March 30, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) published the long-awaited “Final Regulation on Disparate Impact and Reasonable Factors other than Age,” available at 29 CFR Part 1625 (RFOA Rule). The RFOA Rule, which became effective April 30, 2012, makes existing EEOC regulations consistent with two U.S. Supreme Court decisions recognizing disparate impact claims under the Age Discrimination in Employment Act (ADEA) and holding that the “reasonable factor other than age” (RFOA) defense applies to such claims. Then, on April 25, 2012, the EEOC issued “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended” (Criminal Records Guidance), which updates, consolidates and supersedes existing EEOC documents on the subject. This month’s column discusses the EEOC’s RFOA Rule and its Criminal Records Guidance.
Court Precedent
According to the EEOC, it issued the RFOA Rule to incorporate two U.S. Supreme Court holdings in the EEOC’s ADEA regulations.
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