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The U.S. Supreme Court ruled last June in Meacham v. Knolls Atomic Power that employers must prove their decision-making is "reasonable" to avoid liability under the Age Discrimination in Employment Act, or ADEA, for "disparate impact" claims.
While acknowledging that such a burden of proof will present significant risks and costs for employers, the court noted that such policy concerns are for the Congress to address through amendment of the statute rather than by the judiciary through policy-oriented interpretation.
