Disparate impact on older employees may violate the ADEA unless the policy is based on what?

Disparate impact on older employees may violate the ADEA unless the policy is based on what?

• A. A policy that uses age as a factor
• B. An employer's budget constraints
• C. A policy that relies on performance metrics
• D. Reasonable factor other than age

Answer: (D)

When a policy affects older workers more than younger ones, it can still be lawful under the ADEA if the policy rests on a reasonable factor other than age. This defense means the factor used is actually related to the job and reasonably necessary for the business, not simply a proxy for age. If the employer can show the criterion is job-related and valid in predicting safety, performance, or other essential needs, the disparate impact may be allowed. Using age itself as a determinant would violate the ADEA, and budget constraints don’t justify age-based discrimination. Performance metrics can be acceptable only if they are valid, job-related, and applied consistently, but the key idea is that the factor must be reasonable and not based on age.

When a policy affects older workers more than younger ones, it can still be lawful under the ADEA if the policy rests on a reasonable factor other than age. This defense means the factor used is actually related to the job and reasonably necessary for the business, not simply a proxy for age. If the employer can show the criterion is job-related and valid in predicting safety, performance, or other essential needs, the disparate impact may be allowed. Using age itself as a determinant would violate the ADEA, and budget constraints don’t justify age-based discrimination. Performance metrics can be acceptable only if they are valid, job-related, and applied consistently, but the key idea is that the factor must be reasonable and not based on age.