This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Petitioners argue that the Age Discrimination in Employment Act (ADEA) bars employment practices that cause a significant disparate impact on older workers when those practices lack a reasonable business justification.
According to Mr. Nager, respondents contend that statistical correlations with age alone do not establish a prima facie case of age discrimination.
According to Fifth Circuit, respondents also argue that the “reasonable factors other than age” (RFOA) provision is part of the ADEA, not Title VII.
Background and question before the Court
The central issue is whether the ADEA requires a reasonable business justification for employment practices that have a disparate impact on older workers.
What each side argues
Petitioners
According to Petitioners, the ADEA prohibits employment practices that have a significant disparate impact on older workers if those practices lack a reasonable business justification.
According to Mr. Goldstein, petitioners cite EEOC cases, such as the Francis W. Parker case, as examples of rules that prohibit hiring individuals who previously earned a higher salary, illustrating the need for a business justification.
Respondents
According to Mr. Nager, statistical correlations with age alone do not create a prima facie case of age discrimination.
According to Fifth Circuit, the “reasonable factors other than age” provision is found in the ADEA, not in Title VII.
According to Mr. Goldstein, because the statute refers to something otherwise unlawful, it cannot be interpreted like the Price Waterhouse mixed‑motive doctrine.
What happened at oral argument
Counsel for the petitioners was Thomas C. Goldstein; counsel for the respondents was Glen D. Nager.
The case was submitted to the Court.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 773031f113ce29c6c273-r1-4dee917af5717fd9.pdforal argument transcript
Guide generated September 20, 2026. Automated validation accepted this version.