With Richard Sloane
On June 19, 2008, in a 7-1 decision, the U.S. Supreme Court held that employers defending disparate impact claims under the ADEA, with the defense that the decision was based on a reasonable factor other than age (RFOA), bear both the burden of production and the burden of persuasion to demonstrate that the factors the employer relied upon in making a decision to lay off employees were reasonable. Meacham v. Knolls Atomic Power Laboratory, No. 06-1505, 128 S. C