In a closely followed and widely anticipated decision, the U.S. Supreme Court recently held that employers bear the burden of proving a legitimate, nondiscriminatory

?reasonable factor other than age? in defending a disparate-impact claim under the Age Discrimination in Employment Act (ADEA). The impact of the decision is anticipated

to make it easier for older workers to establish that they were subjected to age discrimination, particularly

in instances where disproportionate numbers of employees age 40 or older lose their jobs in a reduction in force (RIF). Given the current economic climate ? which may

continue to force employers to make more RIF decisions ? this decision is likely to give employers pause.