Under the ADEA, an employer can win a disparate impact case if it can show that the discriminatory decision was based on a reasonable factor other than age.
This is further explained below.
Generally, The Age Discrimination in Employment Act of 1967 is a piece of legislation that was passed in the United States in order to prohibit discrimination in the workplace against anybody in the country who is at least 40 years old. In 1967, President Lyndon B. Johnson gave the measure his signature, making it official and making it a law.
In conclusion, In a disparate effect lawsuit, an employer may prevail if it can establish that the discriminatory decision was made on the basis of anything other than age, such as gender or race.
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