As a defense to an ADEA claim,employers may establish a defense based on reasonable factors other than age (RFOA defense). In determining the reasonableness of the employment practice,the courts will look to all of the following except:

Question

As a defense to an ADEA claim,employers may establish a defense based on reasonable factors other than age (RFOA defense).  In determining the reasonableness of the employment practice,the courts will look to all of the following except:

Quizplus · Accepted Answer

In assessing reasonableness of an employment practice, the EEOC lists the following five considerations as relevant:
1. The extent to which the factor is related to the employer's stated business purpose;
2. The extent to which the employer defined the factor accurately and applied the factor fairly and accurately, including the extent to which managers and supervisors were given guidance or training about how to apply the factor and avoid discrimination;
3. The extent to which the employer limited supervisors' discretion to assess employees subjectively, particularly where the criteria that the supervisors were asked to evaluate are known to be subject to negative age-based stereotypes;
4. The extent to which the employer assessed the adverse impact of its employment practice on older workers; and
5. The degree of the harm to individuals within the protected age group, in terms of both the extent of injury and the numbers of persons adversely affected, and the extent to which the employer took steps to reduce the harm, in light of the burden of undertaking such steps.

As a Defense to an ADEA Claim,employers May Establish a Defense