Meacham V. Knolls Atomic Power Laboratory

The ADEA prohibits policy’s that will have a harmful effect on individuals 40 or over unless the employer can prove the policy is based on a reasonable factor other than age. On March 30, 2012, the EEOC published its final ruling on reasonable factor other than age which took effect on April 30th 2012. An example of an employment practice based on a reasonable factor other than age is a physical fitness test. Obviously this type of test would likely put older applicants at a disadvantage but if the employer could prove that it was a legitimate business purpose for the individual to pass such a test they would be allowed to do so without reprimand. Reductions in workforce based on productivity and pay is another example of reasonable factor other than age. In the case Meacham v. Knolls Atomic Power Laboratory, the power lab laid off thirty one employees of which thirty were over the age 40. The employees who were laid off brought a case against Knolls claiming age discrimination. Knolls defense was reasonable factor other than age were used to determine which employees would be laid off. Three factors were taken into consideration when making the decision, performance, critical skills and flexibility. The employees argued that the evaluation of flexibility and critical skills were highly subjected to the discretion of upper management and manipulated the
Duke Power. African American workers brought a case against Duke Power alleging neutral policies cause a harmful effect on a protected class. The employees challenged the requirement of employees to have a high school diploma or pass an intelligence test. Section 703 (h) authorizes the use of ability test as long as the test is not intended to discriminate. The courts ruled that there was no evidence of discriminatory purpose in regards to the requirements. (Griggs v. Duke Power,