In the context of age discrimination, what can be a valid employer defense to disparate impact claims?

In the context of age discrimination, a valid employer defense to disparate impact claims is grounded in demonstrating a reasonable factor other than age. This means that if an employer can show that a particular employment practice adversely affects older workers but is based on a legitimate business reason that is not age-related, they may have a valid defense.

For example, if an employer implements a policy that seems to disproportionately impact older employees but does so in order to enhance overall job performance or to maintain safety standards, this can be justified as a reasonable factor. The key point is that the factor must be non-age-related and must relate to job performance or workplace needs.

The focus on "reasonable factor other than age" underscores the balance between protecting employees from discriminatory practices while recognizing that employers can have valid, non-discriminatory reasons for their policies. This standard helps to determine whether age discrimination is indeed present or if the employer's practices, while seemingly discriminatory, are based on genuine business needs.