U.S. Supreme Court
The ADEA prohibits employment practices that have an unjustified impact on older workers, but also provides that a defense where reasonable factors other than age [RFOA], are used. The question presented is whether an employee alleging disparate impact under the ADEA bears the burden of persuasion on the defense, as held by the Second Circuit in this case, or whether it is the employer who must prove the reasonableness of an action. NFIB argued that once the employer shows a legitimate business reason, their burden should be met.
Status: DECIDED. Amicus brief in support of the defendant/employer on 04/11/08. Court ruled on 06/19/08 in favor of plaintiff.