The Equal Employment Opportunity Commission (EEOC) will hold a public meeting on Nov. 16, at which it will draft a final rule on determining what constitutes a "reasonable factor other than age" in age discrimination legal actions.

The determination is to clarify matters from a 2005 Supreme Court decision, Meachem v. Knolls Atomic Power Laboratory, which held that employers must show a reason other than age discrimination in cases where lay-offs appear to target older workers. Failing to show that other reason could lead to an adverse finding for the employers under the Age Discrimination in Employment Act (ADEA).

The EEOC also will examine “unlawful discrimination in employment and other challenges that veterans with disabilities may face” at the hearing, the agency said in a statement.

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