smith et al city jackson mississippi et argued november decided march revising employee pay plan respondent city granted raises police officers police dispatchers attempt bring starting salaries regional average officers less five years service received proportionately greater raises seniority officers five years service petitioners group older officers filed suit age discrimination employment act adea claiming inter alia adversely affected plan age district granted city summary judgment affirming fifth circuit ruled claims categorically unavailable adea assumed facts alleged petitioners entitle relief griggs duke power announced theory recovery cases brought title vii civil rights act title vii held judgment affirmed affirmed justice stevens delivered opinion respect parts ii iv concluding adea authorizes recovery cases comparable griggs except substitution age race color religion sex national origin language adea title vii identical unlike title vii however adea significantly narrows coverage permitting otherwise prohibited action differentiation based reasonable factors age hereinafter rfoa provision pp petitioners set forth valid claim two textual differences adea title vii make clear theory scope narrower adea title vii one rfoa provision amendment title vii civil right act modified wards cove packing atonio holding narrowly construed scope liability theory relevant amendments expanded title vii coverage amend adea speak age discrimination wards cove interpretation title vii identical language remains applicable adea congress decision limit adea coverage including rfoa provision consistent fact age unlike title vii protected classifications uncommonly relevance individual capacity engage certain types employment petitioners done little point pay plan relatively less generous older workers younger ones required wards cove identified specific test requirement practice within pay plan adverse impact older workers record makes clear city plan based reasonable factors age city explanation differential older younger workers perceived need make junior officers salaries competitive comparable positions market thus disparate impact attributable city decision give raises based seniority position reliance factors unquestionably reasonable given city goal pp justice stevens joined justice souter justice ginsburg justice breyer concluded part iii adea text rfoa provision equal employment opportunity commission eeoc regulations support conclusion theory cognizable adea pp justice scalia concluded reasoning part iii justice stevens opinion basis deferring pursuant chevron natural resources defense council eeoc reasonable view adea authorizes claims pp justice joined justice kennedy justice thomas concluded judgment affirmed ground disparate impact claims cognizable adea pp stevens announced judgment delivered opinion respect parts ii iv scalia souter ginsburg breyer joined opinion respect part iii souter ginsburg breyer joined scalia filed opinion concurring part concurring judgment filed opinion concurring judgment kennedy thomas joined rehnquist took part decision case azel smith et petitioners city jackson mississippi et al writ certiorari appeals fifth circuit march justice stevens announced judgment delivered opinion respect parts ii iv opinion respect part iii justice souter justice ginsburg justice breyer join petitioners police public safety officers employed city jackson mississippi hereinafter city contend salary increases received violated age discrimination employment act adea less generous officers age younger officers suit raises question whether theory recovery announced griggs duke power cases brought title vii civil rights act cognizable adea despite age adea question yet addressed see hazen paper biggins markham geller rehnquist dissenting denial certiorari october city adopted pay plan granting raises city employees stated purpose plan attract retain qualified people provide incentive performance maintain competitiveness public sector agencies ensure equitable compensation employees regardless age sex race disability may revision plan motivated least part city desire bring starting salaries police officers regional average granted raises police officers police dispatchers less five years tenure received proportionately greater raises compared former pay seniority although officers age less five years service older officers petitioners group older officers filed suit adea claiming city deliberately discriminated age claim adversely affected plan age claim district granted summary judgment city claims appeals held ruling former claim premature petitioners entitled discovery issue intent affirmed dismissal claim one judge dissent majority concluded claims categorically unavailable adea majority dissent assumed facts alleged petitioners entitle relief reasoning griggs granted officers petition certiorari hold adea authorize recovery cases comparable griggs however conclude petitioners set forth valid claim affirm ii deliberations preceded enactment civil rights act congress considered rejected proposed amendments included older workers among classes protected employment general dynamics land systems cline congress however request secretary labor make full complete study factors might tend result discrimination employment age consequences discrimination economy individuals affected stat secretary report submitted response congress request noted little discrimination arising dislike intolerance older people arbitrary discrimination result certain age limits report secretary labor older american worker age discrimination employment june reprinted equal employment opportunity commission legislative history age discrimination employment act hereinafter wirtz report moreover report observed discriminatory effects resulted nstitutional arrangements indirectly restrict employment older workers response report congress directed secretary propose remedial legislation see fair labor standards amendments pub stat acted favorably proposal enacted adea codified provided shall unlawful employer limit segregate classify employees way deprive tend deprive individual employment opportunities otherwise adversely affect status employee individual age stat except substitution word age words race color religion sex national origin language provision adea identical found civil rights act title vii provisions adea also parallel earlier unlike title vii however adea stat contains language significantly narrows coverage permitting otherwise prohibited action differentiation based reasonable factors age hereinafter rfoa provision iii determining whether adea authorizes claims begin premise congress uses language two statutes similar purposes particularly one enacted shortly appropriate presume congress intended text meaning statutes northcross board ed memphis city schools per curiam consistently applied presumption language adea derived haec verba title vii lorillard pons unanimous interpretation title vii griggs therefore precedent compelling importance griggs case decided four years enactment adea considered whether title vii prohibited employer requiring high school education passing standardized general intelligence test condition employment transfer jobs neither standard shown significantly related successful job performance requirements operate disqualify negroes substantially higher rate white applicants jobs question formerly filled white employees part longstanding practice giving preference whites accepting appeals conclusion employer adopted diploma test requirements without intent discriminate held good faith redeem employment procedures testing mechanisms operate headwinds minority groups unrelated measuring job capability explained congress directed thrust act consequences employment practices simply motivation ibid relied fact history filled examples men women rendered highly effective performance without conventional badges accomplishment terms certificates diplomas degrees diplomas tests useful servants congress mandated commonsense proposition become masters reality noted equal employment opportunity commission eeoc enforcement responsibility issued guidelines accorded view thus squarely held title vii require showing discriminatory opinion griggs relied primarily purposes act buttressed fact eeoc endorsed view subsequently noted holding represented better reading statutory text well see watson fort worth bank trust neither comparable language adea simply prohibits actions limit segregate classify persons rather language prohibits actions deprive individual employment opportunities otherwise adversely affect status employee individual race age ibid explaining cases employer practices may said affect individual status alteration original quoting thus text focuses effects action employee rather motivation action griggs interpreted identical text issue thus strongly suggests theory cognizable indeed two decades decision griggs courts appeal uniformly interpreted adea authorizing recovery theory appropriate decision hazen paper biggins courts concluded adea authorize theory opinion hazen paper however address comment issue decide today case held employee allegation discharged shortly pension vested state cause action theory motivating factor held employee age rather years service factor adea prohibit employer considering terminating employee noted captures essence congress sought prohibit adea careful explain deciding whether disparate impact theory liability available adea ibid sum nothing opinion hazen paper precludes interpretation adea parallels holding griggs appeals categorical rejection liability like justice rested primarily rfoa provision majority analysis legislative history already explained think history enactment adea particular reference wirtz report supports paper consensus concerning liability hazen paper contains response concern rfoa provision rfoa provision provides shall unlawful employer take action otherwise prohibited subsectio differentiation based reasonable factors age discrimination stat cases employer fact acted factor age action prohibited subsection first place see hazen paper noting title vii case employer defeat liability showing employee rejected legitimate nondiscriminatory reason without reference rfoa provision cases however allegedly otherwise prohibited activity based age ibid laims stress disparate impact contrast involve employment practices facially neutral treatment different groups fact fall harshly one group another quoting teamsters accordingly cases involving claims rfoa provision plays principal role precluding liability adverse impact attributable nonage factor reasonable rather support argument disparate impact unavailable adea rfoa provision actually supports contrary finally note department labor initially drafted legislation eeoc agency charged congress responsibility implementing statute consistently interpreted adea authorize relief theory initial regulations mentioning disparate impact name nevertheless permitted claims employer relied factor related age cfr barring physical fitness requirements reasonably necessary specific work performed see also setting forth standards claim text statute interpreted griggs rfoa provision eeoc regulations support petitioners view therefore conclude error appeals hold theory liability categorically unavailable adea iv two textual differences adea title vii make clear even though statutes authorize recovery theory scope liability adea narrower title vii first rfoa provision already identified second amendment title vii contained civil rights act stat one purposes amendment modify holding wards cove packing atonio case narrowly construed employer exposure liability theory see civil rights act stat relevant amendments expanded coverage title vii amend adea speak subject age discrimination hence wards cove interpretation title vii identical language remains applicable adea congress decision limit coverage adea including rfoa provision consistent fact age unlike race classifications protected title vii uncommonly relevance individual capacity engage certain types employment sure congress recognized always case society may perceive differences larger consequential fact however secretary wirtz noted report certain circumstances unquestionably affect older workers strongly group younger workers wirtz report thus surprising certain employment criteria routinely used may reasonable despite adverse impact older workers group moreover intentional discrimination basis age occurred levels discrimination protected title vii adea reflects congress intent give older workers employment opportunities whenever possible rfoa provision reflects historical difference turning case us initially note petitioners done little point pay plan issue relatively less generous older workers younger workers identified specific test requirement practice within pay plan adverse impact older workers held wards cove enough simply allege disparate impact workers point generalized policy leads impact rather employee isolating identifying specific employment practices allegedly responsible observed statistical disparities emphasis added quoting watson petitioners failed failure identify specific practice challenged sort omission result employers potentially liable myriad innocent causes may lead statistical imbalances case petitioners thus err failing identify relevant practice also clear record city plan based reasonable factors age plan divided five basic positions police officer master police officer police sergeant police lieutenant deputy police chief series steps wage range based survey comparable communities southeast employees assigned step within position corresponded lowest step still give individual raise officers three lowest ranks ranks officers age officers none age affect compensation officers two highest ranks raises though higher dollar amount raises given junior officers represented smaller percentage salaries course higher salaries paid juniors members class complaining disparate impact award petitioners evidence established two principal facts first almost officers received raises less half second average percentage increase entire class officers less five years tenure somewhat higher percentage older officers tended occupy senior positions average received smaller increases measured percentage salary basic explanation differential city perceived need raise salaries junior officers make competitive comparable positions market thus disparate impact attributable city decision give raises based seniority position reliance seniority rank unquestionably reasonable given city goal raising employees salaries match surrounding communities sum hold city decision grant larger raise lower echelon employees purpose bringing salaries line surrounding police forces decision based reasonable factor age responded city legitimate goal retaining police officers cf macpherson university montevallo may reasonable ways city achieve goals one selected unreasonable unlike business necessity test asks whether ways employer achieve goals result disparate impact protected class reasonableness inquiry includes requirement accordingly agree appeals holding theory recovery never available adea affirm judgment ordered chief justice took part decision case azel smith et petitioners city jackson mississippi et al writ certiorari appeals fifth circuit march justice scalia concurring part concurring judgment concur judgment join except part iii opinion part agree reasoning find basis independent determination question deferral reasonable views equal employment opportunity commission eeoc commission pursuant chevron natural resources defense council see general dynamics land systems cline scalia dissenting absolutely classic case deference agency interpretation age discrimination employment act adea et confers upon eeoc authority issue rules regulations may consider necessary appropriate carrying adea pursuant authority eeoc promulgated rulemaking see fed reg regulation reads follows employment practice including test claimed basis different treatment employees applicants employment grounds age practice adverse impact individuals within protected age group justified business necessity cfr statement eeoc accompanied publication agency final interpretation adea said following regarding regulation paragraph rewritten make clear employment criteria face nevertheless disparate impact members protected age group must justified business necessity see laugesen anaconda cir griggs duke power fed regulation affirmed moreover longstanding position department labor agency previously administered adea see ante cfr finally commission appeared numerous cases lower courts party amicus curiae defend position adea authorizes even unduly constrained standards agency deference recited mead eeoc reasonable view adea authorizes claims deserving deference fortiori entitled deference formulation chevron tinue adhere see scalia dissenting justice denies eeoc taken position existence claims asserts even position deserve deference see post opinion concurring judgment first claim squared text eeoc regulation quoted possibly read agnostic question whether adea prohibits employer practices disparate impact aged provides practices justified business necessity compelling conclusion absent business necessity practices justice defer eeoc regulation even read says regulation purport interpret language rather limited interpretation reasonable factors age rfoa clause adea says issue post argument assumes however rfoa clause operates independently remainder adea section provides relevant part shall unlawful employer employment agency labor organization take action otherwise prohibited subsections section differentiation based reasonable factors age emphasis added text makes clear rfoa defense relevant response employer actions otherwise prohibited adea hence unavoidable meaning regulation issue adea prohibits employer actions adverse impact individuals within protected age group cfr course provision adea conceivably interpreted effect prohibition provision justice maintains eeoc purport interpret post lastly justice argues eeoc interpretation otherwise prohibited adea entitled deference concludes regulation interpretation another term term reasonable factors age regulation takes include business necessity unreasonable post logic seems two interpretations appear paragraph stand fall together cites case proposition makes little sense two simultaneously adopted interpretations contained distinct paragraphs invalidation one course render infirm justice mean imply assume rejection eeoc application phrase reasonable factors age disparate impact claims paragraph relieves lower courts obligation defer eeoc applications phrase paragraph conceive basis different rule simply two taneously adopted interpretations appear paragraph eeoc express authority promulgate rules regulations interpreting adea exercised authority recognize claims reasons given plurality opinion position eminently reasonable view sufficient resolve case azel smith et petitioners city jackson mississippi et al writ certiorari appeals fifth circuit march justice justice kennedy justice thomas join concurring judgment disparate treatment captures essence congress sought prohibit age discrimination employment act adea et seq essence age discrimination older employee fired employer believes productivity competence decline old age hazen paper biggins nearly four decades since adea enactment however never read statute impose liability upon employer without proof discriminatory intent see ibid markham geller rehnquist dissenting denial certiorari decline join today instead affirm judgment ground disparate impact claims cognizable adea adea text legislative history purposes together make clear congress intend statute authorize claims moreover significant differences adea title vii civil rights act counsel transposing former construction latter griggs duke power finally agencies charged administering adea never authoritatively construed statute prohibitory language impose disparate impact liability thus precise question statutory interpretation us reasoned agency reading text might defer starting point statute text section adea makes unlawful employer fail refuse hire discharge individual otherwise discriminate individual respect compensation terms conditions privileges employment individual age limit segregate classify employees way deprive tend deprive individual employment opportunities otherwise adversely affect status employee individual age neither petitioners plurality contend first paragraph authorizes disparate impact claims think obvious provision plainly requires discriminatory intent take action individual individual age reason account age see webster third new international dictionary see also teamsters treatment easily understood type discrimination employer simply treats people less favorably others protected characteristic proof discriminatory motive critical emphasis added petitioners look instead second paragraph basis disparate impact claim petitioners argument founders plain language statute natural reading requires proof discriminatory intent section uses phrase age precisely manner preceding paragraph make plain employer liable adverse action individual motivated individual age paragraphs differ one informative respect employer actions targeted paragraph refusing hire discharging discriminating inherently harmful targeted individual actions referred paragraph hand limiting segregating classifying facially neutral accordingly paragraph includes additional language clarifies give rise liability employer action must actually injure someone decision limit segregate classify employees must deprive tend deprive individual employment opportunities otherwise adversely affect status employee distinction aside structures paragraphs otherwise identical paragraph prohibits employer taking specified adverse actions individual individual age plurality instead reads paragraph prohibit employer actions adversely affect individual status employe individual age reading age refers cause adverse effect rather motive employer action see ante reading unpersuasive two reasons first ignores obvious parallel paragraphs giving phrase individual age different meaning two paragraphs second ignores drafters use comma separating age clause preceding language comma makes plain age clause read plurality modify adversely affect phrase see ron pair enterprises interpreting statute light drafters use comma set aside particular phrase following language see also garner dictionary modern legal usage ed generally word follow comma rather age clause set aside make clear modifies entirety preceding paragraph employer may individual age limit segregate classify employees way harms individual plurality also argues reading supported supposed incongruity paragraph use plural referring employer actions limit segregate classify employees use singular individual age clause emphases added ante reasons stated age clause modifies preceding language paragraph preceding language phrased plural insofar refers employer actions relating employees singular insofar requires action actually harm individual use singular age clause simply makes clear paragraph forbids employer limit segregate classify employees decision taken even one employee age individual alone together others harmed adea makes unlawful intentionally discriminate age clarifies shall unlawful employer take action otherwise prohibited subsections section differentiation based reasonable factors age reasonable factors age rfoa provision insure employers permitted use neutral criteria age eeoc wyoming even results disparate adverse impact older workers provision therefore expresses congress clear intention employers subject liability absent proof intentional discrimination policy view easily reconciled plurality expansive reading plurality however reasons rfoa provision language instead confirms authorizes disparate impact claims prohibited intentional discrimination argument goes rfoa provision effect action based factor age see ante moreover plurality says rfoa provision applies employer actions based reasonable factors age employers may still held liable actions based unreasonable nonage factors see ante argument misconstrues purpose effect rfoa provision discriminatory intent required reasons discussed role rfoa provision afford employers independent safe harbor liability provides plaintiff made prima facie case intentional age discrimination thus creat ing presumption employer unlawfully discriminated employee texas dept community affairs burdine employer rebut case producing evidence action based reasonable nonage factor thus rfoa provision codifies safe harbor analogous legitimate nondiscriminatory reason lnr justification later recognized title vii suits ibid mcdonnell douglas green assuming mcdonnell douglas framework applies adea suits see consolidated coin caterers rebuttal function rfoa provision arguably redundant judicially established lnr justification see ante merely demonstrates congress abundance caution codifying express statutory exemption liability absence discriminatory intent see fort stewart schools flra provisions although technically unnecessary sometimes inserted abundance caution drafting imprecision venerable enough left mark legal latin ex abundanti cautela noteworthy even mcdonnell douglas decided lower courts continued rely rfoa exemption lieu lnr justification basis rebutting prima facie case age discrimination see krieg paul revere life ins per curiam schwager sun oil bittar air canada per curiam event rfoa provision also plays distinct clearly nonredundant role cases cases adverse action taken substantial part employee age may otherwise prohibited see desert palace costa price waterhouse hopkins concurring judgment rfoa exemption makes clear conduct nevertheless lawful long based reasonable factor age finally rfoa provision reference reasonable factors serves prevent employer gaining benefit statutory safe harbor offering irrational justification reliance unreasonable nonage factor indicate employer explanation fact pretext intentional discrimination see reeves sanderson plumbing products see also hazen paper ii legislative history adea confirms text plainly indicates congress never intended statute authorize disparate impact claims drafters adea congress enacted understood age discrimination qualitatively different kinds discrimination addressed title vii many legitimate employment practices disparate impact older workers accordingly congress determined disparate impact problem best addressed noncoercive measures adea prohibitory provisions reserved combating intentional discrimination although congress rejected proposals address age discrimination civil rights act act directed secretary labor undertake study age discrimination employment submit congress report containing recommendations legislation prevent arbitrary discrimination employment age determines advisable stat see general dynamics land systems cline eeoc wyoming supra response secretary willard wirtz submitted report provided blueprint adea see report secretary labor older american worker age discrimination employment june reprinted equal employment opportunity commission legislative history age discrimination employment act hereinafter wirtz report report adea modeled wirtz report findings recommendations report provides critical insights statute meaning see generally blumrosen interpreting adea intent impact age discrimination employment act compliance manual lawyers personnel practitioners lake ed see also general dynamics supra relying wirtz report interpret adea eeoc wyoming discussing report role drafting adea wirtz report reached two conclusions central relevance question presented case first report emphasized age discrimination qualitatively different types discrimination prohibited title vii civil rights act race color religion sex national origin discrimination importantly stark contrast types discrimination addressed title vii report found evidence age discrimination resulted intolerance animus towards older workers rather age discrimination based primarily upon unfounded assumptions relationship individual age ability perform job wirtz report addition whereas ability nearly always completely unrelated characteristics protected title vii report found cases fact relationship individual age ability perform job ibid emphasis deleted second wirtz report drew sharp distinction report clearly equates disparate treatment circumstances practices disparate impact older workers see report defined arbitrary discrimination adverse treatment older workers assumptions effect age ability job fact basis assumptions emphasis original obvious kind arbitrary discrimination setting unjustified maximum age limits employment naturally report definition encompasses broad range disparate treatment report distinguished arbitrary intentional unfounded discrimination two phenomena one involves differentiation employees based genuine relationship age ability perform job see connection report examined circumstances unquestionably affect older workers strongly group younger workers including questions health educational attainment technological change addition report assessed institutional arrangements seniority rules workers compensation laws pension plans though intended benefit older workers might actually make employers less likely hire retain report specifically recommended legislative action prohibit arbitrary discrimination disparate treatment sharp contrast recommended two types discrimination involving factors practices disparate impact older workers addressed noncoercive measures programs increase availability employment continuing education adjustment pension systems workers compensation institutional arrangements recommendations found direct expression adea drafted congress command secretary labor make specific legislative recommendations implementing wirtz report conclusions fair labor standards amendments stat see also general dynamics adea begins statements purpose findings mirror wirtz report adea structure confirms congress determination prohibit arbitrary discrimination disparate treatment based unfounded assumptions addressing practices disparate adverse impact older workers noncoercive measures section sets forth findings purposes statute draws clear distinction setting arbitrary age limits regardless potential job performance certain otherwise desirable practices may work disadvantage older persons response problems identifies three purposes adea promote employment older persons based ability rather age prohibit arbitrary age discrimination employment help employers workers find ways meeting problems arising impact age employment three purposes corresponds one three substantive statutory sections follow section seeks promote employment older persons directing secretary labor undertake program research education related needs abilities older workers potentials continued employment contribution economy section contains adea core prohibitions corresponds second purpose prohibit arbitrary age discrimination employment finally addresses third statutory purpose requiring secretary labor undertake study institutional arrangements giving rise involuntary retirement submit resulting findings legislative recommendations congress section including must read light express statutory purpose provision intended effect prohibition arbitrary age discrimination employment legislative history makes plain arbitrary age discrimination specific meaning adea drafters meant disparate treatment older workers predominantly unfounded assumptions relationship age ability see supra intentional discrimination clearly distinguished circumstances practices merely disparate impact older workers adea make clear congress intended address research education possible future legislative action addition affirmative evidence congressional intent find telling legislative history devoid discussion disparate impact claims complicated issues claims raise adea context see gold disparate impact age discrimination employment act berkeley emp lab time adea enacted predominant focus antidiscrimination law intentional discrimination concept disparate impact liability contrast quite novel see gold griggs folly essay theory problems origin adverse impact definition employment discrimination recommendation reform indus rel blumrosen strangers paradise griggs duke power concept employment discrimination rev congress intended inaugurate disparate impact liability adea one expect find indication intent text legislative history none congress decision authorize disparate impact claims understandable light questionable utility claims context one argue older workers suffered disadvantages result entrenched historical patterns discrimination like racial minorities see massachusetts bd retirement murgia per curiam see also wirtz report accordingly disparate impact liability adea justified necessary means redressing cumulative results past discrimination cf griggs reasoning disparate impact liability necessary title vii prevent perpetuation results past racial discrimination moreover wirtz report correctly concluded unlike classifications protected title vii often correlation individual age ability perform job wirtz report expected physical ability generally declines age murgia supra cases mental capacity see gregory ashcroft perhaps importantly advances technology increasing access formal education often leave older workers competitive disadvantage younger workers wirtz report beyond factors also fact many employment benefits salary vacation time forth increase employee gains experience seniority see finnegan trans world airlines irtually elements standard compensation package positively correlated age accordingly many employer decisions intended cut costs respond market forces likely disproportionate effect older workers given myriad ways legitimate business practices disparate impact older workers hardly surprising congress declined subject employers civil liability based solely effects iii plurality justice scalia offer two principal arguments favor reading statute relevant provision adea read pari materia parallel provision title vii give interpretive weight deference agency statements relating disparate impact liability find neither argument persuasive language adea prohibitory provisions modeled nearly identical parallel provisions title vii see mckennon nashville banner publishing lorillard pons griggs supra held title vii permits disparate impact claims plurality concludes read adea similarly ante obviously argument great deal convincing griggs decided adea enacted case safely assume congress notice therefore intended language issue read authorize disparate impact claims see department energy ohio holmes securities investor protection corporation griggs decided four years adea enactment reason suppose congress foreseen interpretation title vii come see fogerty fantasy see also supra discussing novelty disparate impact theory time adea enactment sure two statutes use similar language generally take strong indication interpreted pari passu northcross board ed memphis city schools per curiam rigid absolute rule indicia congressional intent general dynamics indeed meaning words well may vary meet purposes law cleveland indians baseball alteration original quoting atlantic cleaners dyers supra accordingly hesitated give different reading language whether appearing separate statutes separate provisions statute strong evidence congress intend language used uniformly see general dynamics supra age different meaning used different parts adea cleveland indians supra wages paid different meanings different provisions title robinson shell oil employee different meanings different parts title vii fogerty supra copyright act attorney fees provision different meaning analogous provision title vii despite virtually identical language case first significant textual differences title vii adea indicate differences congressional intent importantly whereas adea rfoa provision protects employers liability actions motivated age see supra title vii lacks similar provision addition adea structure demonstrates congress intent combat intentional discrimination prohibitions addressing employment practices disparate impact older workers independent noncoercive mechanisms see supra analogy structure title vii furthermore congresses adopted title vii adea clearly recognized two statutes intended address qualitatively different kinds discrimination see supra disparate impact liability may legitimate role combating types discrimination addressed title vii nature aging age discrimination makes liability inappropriate adea see supra finally nothing decision griggs provides reason extend holding adea plurality tacitly acknowledges ante decision griggs based analysis title vii actual language rather ratio decidendi statute perceived purpose achieve equality employment opportunities remove barriers operated past favor identifiable group white employees employees act practices procedures tests neutral face even neutral terms intent maintained operate status quo prior discriminatory employment practices words griggs reasoned disparate impact liability necessary achieve title vii ostensible goal eliminating cumulative effects historical racial discrimination however rationale finds parallel adea context see murgia therefore control decision even venerable canons construction must bow appropriate case compelling evidence congressional intent judgment significant differences title vii adea sufficient overcome default presumption similar language read similarly see fogerty supra concluding normal indication similar language read similarly overborne differences legislative history purposes two statutes plurality asserts agencies charged adea administration consistently interpreted statute authorize relief theory ante support claim plurality describes interpretive bulletin issued department labor permitt ing disparate impact claims ibid citing cfr plurality cites without comment equal employment opportunities commission eeoc policy statement construing rfoa provision ante citing cfr unclear interpretive value plurality means assign agency statements justice scalia least thinks eeoc statement entitled deference chevron natural resources defense council sufficient resolve case ante opinion concurring part concurring judgment disagree reasons follow give weight statements question labor department bulletin plurality alludes intended provide practical guide employers employees office representing public interest enforcement seek apply cfr quoting skidmore swift discussing rfoa provision bulletin physical fitness requirements valuation factors quantity quality production educational level qualify reasonable nonage factors long valid relationship job qualifications uniformly applied bulletin construe adea prohibitory provisions state imply authorizes disparate impact claims rather establishes nonexclusive objective test employers use determining whether certain qualifying rfoa exemption public employees retirement system ohio betts discussing bulletin interpretation exemption moreover bulletin unequivocally clear purpose adea insure age within limits prescribed act determining factor making decision regarding hiring dismissal promotion term condition privilege employment individual emphasis added language discriminatory intent eeoc statement cited plurality relied upon justice scalia equally unhelpful interpretative rule policy statement promulgated superseded labor department bulletin responsibility enforcing adea transferred labor eeoc see fed reg relevant part hen employment practice including test claimed basis different treatment employees applicants employment grounds age practice adverse impact individuals within protected age group justified business necessity cfr like bulletin replaces statement merely spells agency view purposes enforcement policy employer must certain gaining safety rfoa says nothing whether disparate impact claims authorized adea justice scalia absolutely classic case deference agency interpretation ante opinion concurring part concurring judgment disagree chevron defer reasonable agency interpretation ambiguous statutory language see rationale deference congress explicitly implicitly delegated agency responsible administering statute authority choose among permissible constructions ambiguous statutory text see chevron supra question us takes qualify rfoa exemption rather whether adea authorizes disparate impact claims eeoc statement purport interpret language quite simply agency actually exercised delegated authority resolve ambiguity relevant provision text much less done reasonable persuasive manner specific question presented therefore regulation entitled deference see john hancock mut life ins harris trust sav bank see also sec sloan adamo wrecking justice scalia attempt link eeoc rfoa regulation premised dubious chain inferences view highlights hazards approach rfoa provision relevant response employer actions prohibited adea reasons unavoidable meaning eeoc statement agency interprets adea prohibit employer actions impact individuals within protected age group ante opinion concurring part concurring judgment quoting cfr course disparate treatment clearly adverse impact individuals within protected age group justice scalia reading eeoc rule hardly unavoidable regulation says employer wants rely practice say physical fitness test basis exemption liability test adversely affects older workers employer sure qualifying exemption test sufficiently job related limitation makes sense disparate treatment cases test harms older workers unrelated job may pretext even means effectuating intentional discrimination see supra justice scalia completes analytical chain inferring eeoc regulation must read interpret allow disparate impact claims provision adea conceivably interpreted ante opinion concurring part concurring judgment support inference doubtful say least regulation specifically refers employment practices claimed basis different treatment employees applicants employment cfr emphasis added section course apply applicants employment protects group see suggests eeoc must read rfoa provide defense claims unquestionably permits disparate treatment claims see supra discussion serves illustrate makes little sense attribute agency construction relevant statutory text agency actually articulated defer reading approach particularly troubling applied question weighty whether statute subject employers liability absent discriminatory intent view chevron contemplated interpretation rfoa provision moreover eeoc regulation unreasonable face directly odds holding today case says rfoa exemption available employer practice justified business necessity rejected reading rfoa provision rightly may many reasonable means employer advance goals given nonage factor certainly reasonable without necessary ante see also western air lines criswell distinguishing standard course elementary deference due agency interpretations odds plain language statute betts agency clearly misread rfoa provision attempting construe error necessarily dispositive disparate impact question think highlights improvidence giving weight let alone deferring regulation purported assumption entirely different provision statute even subject regulation authorizes disparate impact claims view simply acknowledge regulation help answering question presented iv although read adea authorize disparate impact claims agree claims allowed strictly circumscribed rfoa exemption see ante exemption requires challenged employment practice based reasonable nonage factor one rationally related legitimate business objective also agree ante disparate impact claims permitted adea governed standards set forth decision wards cove packing atonio means holds ante plaintiff must demonstrate application specific particular employment practice created disparate impact attack wards cove supra emphasis added see also watson fort worth bank trust opinion also means employer produced evidence action based reasonable nonage factor plaintiff bears burden disproving assertion see wards cove supra see also watson supra opinion even petitioners disparate impact claim cognizable adea claim clearly fail light requirements footnotes app see cong rec amendment offered dowdy voted amendment offered smathers voted like title vii respect protected classes except race adea provides affirmative defense liability age bona fide occupational qualification reasonably necessary normal operation particular business stat cf civil rights act stat notwithstanding provision title shall unlawful perform prohibited activities basis religion sex national origin certain instances religion sex national origin bona fide occupational qualification reasonably necessary normal operation particular business enterprise oscar mayer evans interpreting adea light title vii western air lines criswell interpreting adea bona fide occupational qualification exception light title vii bfoq exception trans world airlines thurston interpreting adea apply denial privileges cases similar manner title vii congressional purposes relied griggs striking parallel two important points made wirtz report griggs opinion ruled discrimination based racial animus problem case wirtz report concluded significant discrimination kind far older workers concerned wirtz report griggs recognized high school diploma requirement unrelated job performance unfair impact received inferior educational opportunities segregated schools wirtz report identified identical obstacle employment older workers formal employment standard requires example high school diploma obviously work employment many older workers unfairly despite limited schooling older worker years experience given relevant equivalent high school education wirtz report thus statutory text identical remarkable similarity congressional goals cited griggs present wirtz report reaching contrary conclusion justice ignores key textual differences liability section makes unlawful employer fail refuse hire individual individual age emphasis added focus section employer actions respect targeted individual paragraph however makes unlawful employer limit employees way deprive tend deprive individual employment opportunities otherwise adversely affect status employee individual age emphasis added unlike paragraph thus incongruity employer actions focused employees generally individual employee adversely suffers actions thus employer classifies employees without respect age may still liable terms paragraph classification adversely affects employee employee age definition disparate impact justice therefore quite wrong suggest textual differences two paragraphs unimportant justice reaches contrary conclusion based text statute legislative history structure statute explain supra textual reasoning persuasive congress may intended remedy type situations noncoercive measures part nothing suggest intended measures sole method achieving desired result remedying practices adverse effect older workers finally agree differences age classes protected title vii relevant congress might well intended treat two differently see infra concurring judgment however congress obviously considered classes individuals sufficiently similar warrant enacting identical legislation least respect employment practices sought prohibit differences coupled difference text statue rfoa provision may warrant addressing claims two statutes differently see infra justify departing plain text settled interpretation text lindemann kadue age discrimination employment law citing holt gamewell maresco evans chemetics blum witco chemical wooden board ed jefferson monroe airlines dace acf industries modified per curiam palmer faulkner super valu stores assuming theory macpherson university montevallo arnold postal service cadc assuming theory see mullin raytheon ectonic plates shifted decided hazen paper gantt wilson sporting goods considerable doubt whether claim age discrimination may exist theory internal quotation marks citation omitted see also lindemann kadue collecting cases contrast first seventh tenth eleventh circuits held theory second eighth ninth circuits continue recognize theory note however challenged conduct actionable employee retirement income security act note congress intended prohibit claims certainly done instance equal pay act congress barred recovery pay differential based factor reasonable unreasonable sex fact congress provided employees use reasonable factors defending suit adea therefore instructive exhibit record app pet cert footnotes see brief eeoc amicus curiae supporting meacham knolls atomic power laboratory etc available http internet materials visited mar available clerk case file commission consistently defended interpretation announced cfr arguing claim discrimination disparate impact theory cognizable brief eeoc amicus curiae supporting seeking reversal sitko goodyear tire rubber available http pending eeoc mcdonnell douglas perhaps justice adopts narrower position eeoc taken view adea prohibits actions disparate impact stopped short recognizing disparate impact claims post opinion concurring judgment emphasis added position equally misguided eeoc need take extra step recognizing individuals harmed prohibited actions right sue adea makes automatic person aggrieved may bring civil action competent jurisdiction legal equitable relief effectuate purposes chapter justice argues regulation necessarily construe subsection prohibit disparate impact disparate treatment also effect regulation addresses adverse impact individuals within protected age group cfr see post true enough question whether disparate treatment claims disparate impact also covered regulation whether disparate impact claims sorts covered way avoid conclusion consistently reaffirmed agency actions years also complete response justice point regulation refer includes applicants employment protected perhaps applicants employment covered justice posits disparate treatment results disparate impact perhaps agency attempt sweep employment applications disparate impact prohibition mistaken whatever addition may cover may erroneously seek cover impossible contend regulation cover actions limit segregate classify employees way produces disparate impact within protected age group basis interpretation actions prohibited footnotes connection report refers formal employment standards requiring high school diploma see wirtz report wirtz report say requirement unfair older worker years experience given equivalent education ibid plurality mistaken find statement congressional goal eliminating job requirements disparate impact older workers see ante rather wirtz report discussed diploma requirement context broader discussion effects wholly impersonal forces part properly sometimes casually called wirtz report forces included pace changing technology changing jobs changing educational requirements changing personnel practices increase need special efforts older workers employment prospects improve significantly ibid emphasis added see also discussing educational attainments older workers together health technological change section entitled necessary recognition forces circumstance report recommended forces addressed noncoercive instead prohibitory measures specifically focused need educational opportunities older workers see eeoc regulation actually interpret text issue need address degree deference regulation otherwise entitled cf general dynamics land systems cline declining address whether eeoc regulations interpreting adea entitled chevron deference