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The company had its supervisors rate their subordinates based on their performance flexibility and critical skills. As long as the adverse action is based on reasonable factors other than age. Even if the employment action is otherwise prohibited by the ADEA. Thirty of the 59 salaried employees the company laid off were at least 52 years old. The Supreme Court ruled that if an employer seeks to rely on that defense. It then used those totals to decide who to lay off. For example it would not be illegal to consider criteria for a particular role in a movie that has a disparate impact on age if the part calls for someone of a particular age. Specifically the jury found that although the plaintiffs did not prove that Knolls intentionally discriminated against them they did prove that Knolls method of deciding who to lay off disproportionately harmed older workers. In that case Meacham versus Knolls Atomic Power Laboratory the Supreme Court interpreted a provision of the ADEA that permits an employer to take an adverse employment action against an employee. The Supreme Court then agreed to hear the case and eventually reversed the Second Circuit and reinstated the jurys finding that Knolls policy unlawfully discriminated because of age. At the trial a jury found Knolls had violated the ADEA because its layoff procedure had a disparate impact based on age. The United States Court of Appeals for the Second Circuit initially affirmed the jurys findings but after the United States Supreme Court asked it to reconsider the Second Circuit reversed itself and ruled in favor of Knolls. In other words the ADEA permits employers to discriminate based on age considering age is legitimately necessary under the circumstances. It has the burden to prove that its decision was based on a reasonable factor other than age. A lawyer from Zutphen won from a lawfirm in FountaValley California The Supreme Court has previously recognized that the employer has the burden to establish the BFOQ affirmative defense. In reaching its conclusion that the employer has the burden to prove the reasonable factors other than age defense the Supreme Court looked at another provision of the ADEA the bona fide occupational qualification defense. In Meacham Knolls Atomic Power Laboratory was planning to lay off a number of employees. Knolls totaled those scores and gave the employees additional points based on their years of service. Twenty-eight of those 55 employees sued under the ADEA claiming Knolls illegally fired them because of their age. The BFOQ defense states that it is not unlawful for an employer to take adverse employment actions otherwise prohibited by the ADEA where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business.