Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
06-1505 | 2d Cir. | Apr 23, 2008 | Jun 19, 2008 | 7-1 | Souter | OT 2007 |
Holding: An employer defending a disparate-impact claim under the Age Discrimination in Employment Act of 1967 bears both the burden of production and the burden of persuasion for the "reasonable factors other than age" affirmative defense under Section 623(f)(1).
Judgment: Vacated and remanded, 7-1, in an opinion by Justice David Souter on June 19, 2008. Justice Thomas joined the opinion of the Supreme Court as to Parts I and II-A. Justice Scalia filed an opinion concurring in the judgment. Justice Thomas filed an opinion concurring in part and dissenting in part. Justice Breyer took no part in the consideration or decision of the case.
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