In a June 19 decision that significantly impacts the vast majority of employers contemplating a reduction in force, the U.S. Supreme Court in Meacham v. Knolls Atomic Power Laboratory addressed the employer's burden of proof under the Age Discrimination in Employment Act (ADEA).

Specifically, the court tackled the issue of whether an employer bears both the burden of production and persuasion for the defense that the employer's conduct was "based on reasonable factors other than age," and, therefore, was not unlawful, 29 U.S.C. [section] 623(f)(1). The high court reversed the Second Circuit's arguably employer-friendly decision below, 416 F.3d 134 (Second Cir. 2006), and said the employer ...

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