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In response to two Supreme Court decisions, the Equal Employment Opportunity Commission (EEOC) has issued a final rule amending its current Age Discrimination in Employment Act (ADEA) regulations. According to the EEOC, the rule does two things:
The two Supreme Court cases that prompted the new rule are Smith v. City of Jackson, 544 U.S. 228 (2005) and Meacham v. Knolls Atomic Power Laboratory, 554 U.S. 84 (2008). In Smith, the court held that individuals can pursue disparate impact claims under the ADEA. This decision confirmed the EEOC’s “longstanding position that the ADEA prohibits policies and practices that have the effect of harming older individuals more than younger individuals, even if the harm was not intentional.”