Notice – Coverage under the Age Discrimination in Employment Act, Final Rule

July 6, 2007

ETA REGIONAL INFORMATION ALERT NO. 110-07

ORIGINATING OFFICE: Region 5

SUBJECT: Notice – Coverage under the Age Discrimination in Employment Act, Final Rule.

PROGRAMS: Older Worker

1. Purpose. To transmit a notice of a final rule to amend the Age Discrimination in Employment Act (ADEA) regulations.

2. References. Federal Register, Vol. 72, No. 129, July 6, 2007, pp. 36873-36875; Age Discrimination in Employment Act (ADEA); General Dynamics Land Systems, Inc. v. Cline, 540 U.S. 581 (2004); 71 FR 46177;

3. Links. This Alert is in the Regional website Resource page at: http://www.doleta.gov/regions/regionalresources/

Link to the Federal Register attachment (.pdf)

4. Substance. The Equal Employment Opportunity Commission is publishing this final rule to amend its Age Discrimination in Employment Act (ADEA) regulations to conform them to the Supreme Court’s holding that the ADEA only prohibits discrimination based on relatively older age, not discrimination based on age generally. Thus, the final rule deletes language in EEOC’s ADEA regulations that prohibited discrimination against relatively younger individuals. The new rule explains that the ADEA only prohibits employment discrimination based on old age and, therefore, does not prohibit employers from favoring relatively older individuals.

5. Action. Program administrators are request to share this Information Alert with appropriate staff and other agencies.

6. Contact. Questions and comments about the ICR may be directed to Raymond Peeler on 202.663.4537. Questions or comments about the format of this Alert may be directed to Robert Rainault on 312.596.5416.

7. Expiration Date. Continuing

8. Attachment. Federal Register, Vol. 72, No. 129, July 6, 2007, pp. 36873-36875.