Age related discrimination claims were up 29% last year. And the EEOC decided it should do something about it. On July 7th, I posted a note about the EEOC calling a public meeting to discuss age discrimination publicly with a panel of experts. As I suspected, it appears the public meeting in reality constituted a public bashing of the Supreme Court’s recent decision in Gross v. FBL Financial Services.
The EEOC published the “highlights” of the public meeting on its website, calling for: “a variety of potential enforcement and policy solutions to counteract these adverse judicial decisions, such as issuing regulations to fully define the components and burdens of pleading and proof of the reasonable factor other than age defense in the ADEA; developing policy guidance to make uniform the relevance and weight of ageist comments; and using the EEOC’s rulemaking authority under the ADEA to clarify the factors announced by the Supreme Court in the Kentucky Retirement case. They also said that legislative action was essential to ensure that the ADEA was a meaningful enforcement tool.”
This administration is moving fast to change the landscape of employment law. Employers — take note and stay informed!