group of employees over the age of 40 had their jobs eliminated in 1996 by
Knolls Atomic Power Lab Inc., a subsidiary of Lockheed Martin Corp. Of the 31 employees
laid off, 30 were more than 40 years old. The workforce as a whole was 60 percent
over 40.
Several laid-off employees sued under the Age Discrimination
in Employment Act, using a "disparate impact" theory. A jury found in favor of the
plaintiffs. The U.S. Court of Appeals for the 2nd Circuit in New York (by a 2-1
vote) vacated the district court judgment and remanded the case with instructions
to enter judgment for the employer. The 2nd Circuit majority held that it is the
plaintiffs’ burden to prove that the employer’s justification was unreasonable.
On review by the U.S. Supreme Court, the justices emphasized
(by a vote of 7-1) that employees alleging age discrimination must first isolate
and identify the specific employment practices that allegedly discriminate against
older employees. Congress placed the burden on employers to prove their decisions
were ultimately motivated by reasonable factors other than age. The court acknowledged
that "putting employers to the work of persuading fact-finders that their choices
are reasonable makes it harder and costlier to defend" and that "this will sometimes
affect the way employers do business with their employees." Meacham v. Knolls Atomic
Power Lab., 2008 U.S. LEXIS 5029.
Impact: The high court makes it more difficult for employers
to defend themselves against age discrimination suits, and employers—not plaintiffs—bear
the burden of persuading a court that discriminatory employment decisions were based
on "reasonable factors other than age
Workforce Management, July 14, 2008, p. 10
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