Justices Weigh Burden Of Proof In Age Bias Action

Law360, New York (April 23, 2008, 12:00 AM EDT) -- The U.S. Supreme Court heard oral arguments Wednesday in an employment case that raises the question of whether employees claiming a disparate impact under the Age Discrimination in Employment Act bear the burden of persuasion on the “reasonable factors other than age” defense.

Eight of the justices heard the oral arguments in a dispute between Knolls Atomic Power Laboratory and a group of workers over the age of 40 who were dismissed as part of a reduction in force.

Kevin K. Russell, the petitioners’ attorney, said...
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