SCOTUScast 7-2-08 featuring Alan Smith

On June 19, 2008, the Supreme Court decided two Age Discrimination in Employment Act (ADEA) cases: Kentucky Retirement Systems v. EEOC and Meacham v. Knolls Atomic Power Laboratory. In Kentucky Retirement Systems, the Court was asked to consider whether the use of age as a potential factor in the distribution of retirement benefits to disabled workers establishes a prima facie case of discrimination in violation of the ADEA. The Court concluded it does not. In Meacham v. Knolls Atomic Power Laboratory the Court was asked to consider whether, under the ADEA, the employer or the employee bears the burden of persuasion as to whether an adverse employment decision challenged as age discrimination was based upon a “reasonable factor other than age.” The Court held that an employer defending a disparate-impact claim under the ADEA bears both the burden of production and the burden of persuasion for the “reasonable factors other than age” (RFOA) affirmative defense under §623(f)(1). Alan Smith, an associate at Greehan, Taves, Pandak & Stoner discusses the case. 

 

 

 

Oral Argument for Kentucky Retirement Systems v. EEOC - January 9, 2008:
http://www.supremecourtus.gov/oral_arguments/argument_transcripts/06-1037.pdf

 

Decision for Kentucky Retirement Systems v. EEOC - June 19, 2008:
http://www.supremecourtus.gov/opinions/07pdf/06-1037.pdf

 

 

Oral Argument for Meacham v. Knolls Atomic Power Laboratory - April 23, 2008:
http://www.supremecourtus.gov/oral_arguments/argument_transcripts/06-1505.pdf

 

Decision for Meacham v. Knolls Atomic Power Laboratory - June 19, 2008:
http://www.supremecourtus.gov/opinions/07pdf/06-1505.pdf

 

 

 

 

 

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