«where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age. (supreme.justia.com)
or where the differentiation is based on reasonable factors other than age.» (supreme.justia.com)
Pauline Kim, a professor of employment law at Washington University in St. Louis, said the Age Discrimination in Employment Act, unlike the federal anti-discrimination statute that covers race and gender, allows an employer to take into account «reasonable factors» that may be highly correlated with the protected characteristic, such as cost, as long as they don't rely on the characteristic explicitly. (businessinsider.com)