On October 23, 2008, the Department of Homeland Security (DHS) released an advance copy of its supplemental final no-match safe harbor regulation initially issued in August 2007. The original regulation was set to take effect in September 2007 but was enjoined by the U.S. District Court for the Northern District of California. The revised regulation is
Rick L. Etter
Employer Bears The Burden Of Proving That Employees Were Terminated For Reasonable Factors Other Than Age
By Rick L. Etter on
Posted in Discrimination & Harassment
On June 19, 2008, the United States Supreme Court is its decision in Meacham v. Knolls Atomic Power Laboratory holding that an employer defending a disparate impact claim under the Age Discrimination in Employment Act (ADEA) bears the burden of persuading the factfinder that its use of "reasonable factors other than age" (RFOA) was reasonable.