Why did the EEOC rely on tort law?
Courts have previously turned to tort law for guidance when resolving employment discrimination cases. For example, courts use a negligence standard to assess employer liability for co-worker harassment. In addition, reasonableness is a fundamental concept of tort law. As a result, tort law offers extensive, well-developed guidance on the meaning of “reasonable.” What does the proposed rule say about “reasonable”? The proposed rule explains that a “reasonable” factor is one that is objectively reasonable when viewed from the position of a reasonable employer under like circumstances, both in its design and in the way it is administered. To aid in assessing whether an employment practice is based on reasonable factors other than age, the proposed regulation provides a list of factors relevant to whether a factor is reasonable. What factors does the proposed rule say are relevant to determining whether a factor is “reasonable”? The proposed rule lists the following factors that may be re
