04/12/2012
A few years ago, the U.S. Supreme Court said employers fighting claims of age discrimination carry the burden of proof to show that their alleged discriminatory decisions were actually based on a “reasonable factor other than age,” or RFOA, not discrimination. Last month, the EEOC issued final regulations that clarify—using a nonexhaustive list of “other than age” factors—what would legally qualify as a legitimate RFOA in age-bias cases. This new EEOC Q&A document explains the new rules…
04/12/2012
Q. We recently received a letter from an attorney representing one of our employees. It requested “all personnel files and records, including all medical records” that we have on this employee. The letter contained an “authorization” that the employee had signed, but which did not specifically name our company. Do we have to provide this information? What if we don’t? And is there any risk to the company if we do provide it?