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New EEOC Rule Significantly Increases Employer Burdens in ADEA Disparate Impact Cases

Posted in Employment

by Stephen D. Erf, Chris C. Scheithauer and Heather Egan Sussman

The Equal Employment Opportunity Commission (EEOC) recently amended its regulations under the Age Discrimination in Employment Act (ADEA) concerning disparate impact claims.  The final rule, which became effective on April 30, 2012, is likely to impose significant administrative burdens on employers as well as increase potential litigation exposure and costs of ADEA claims.

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