Employment Litigation · Primary-source case analysis

Meacham: The Employer Bears the RFOA Burden

By Aneeta Mishra and Timothy Chan

Published September 13, 2026

Meacham v. Knolls Atomic Power Laboratory allocates proof on the ADEA disparate-impact defense.

A reduction in force disproportionately selected older workers

Managers scored employees on performance, flexibility, and critical skills, producing layoffs concentrated among workers over forty.

The plaintiffs identified the challenged criteria

Statistical proof and the subjective scoring factors supported the disparate-impact theory.

RFOA is an affirmative defense

The statutory exception for reasonable factors other than age places the burden of proving reasonableness on the employer.

The case was remanded

The Court did not hold every subjective criterion unlawful; it required application of the correct burden allocation.

Key takeaways

• Define each selection factor before implementation.
• Retain scoring instructions and contemporaneous records.
• Test age impact before final selections.
• Be prepared to prove the factor’s reasonableness.