Articles, commentary and blog entries have been accumulating furiously about the EEOC’s recent guidance concerning reasonable factors other than age "RFOA" to be considered in assessing disparate impact claims under the Age Discrimination in Employment Act ("ADEA").   Most commentators take the position that the new guidance will create an undue burden on employers.

Judy Greenwald, in her well written Business Insurance article published on April 22, 2012, cites a number of experienced attorneys (including yours truly) who weigh in on the EEOC’s guidance.   Read her article here.