By CLJ Staff (June 20, 2008) - The Supreme Court has made it easier for employees to establish age discrimination. In a 7-1 ruling in Meacham v. Knolls Atomic Power Laboratory the Court held that the burden of proof is on employers to show that action against a worker stems from "reasonable factors other than age."
Held: Under the Age Discrimination in Employment Act (ADEA) an employer defending a disparate-impact claim bears both the burden of production and the burden of persuasion for the "reasonable factors other than age" affirmative defense. This reading follows the familiar principle that
"[w]hen a proviso . . . carves an exception out of the body of a statute
or contract those who set up such exception must prove it."
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