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cases/29usc623/f3d-916-242-bryan-v-govt-of-the-vi.case

Source: cases/29usc623/f3d-916-242-bryan-v-govt-of-the-vi.case

Case source: https://www.neochart.com/catalog/cases/f3d/volume_916/0242_01/index.html

Verbatim annotated passages

And although an employer may not use a direct proxy for age to discriminate surreptitiously against older workers, an employee's tenure (without more) is not such a direct proxy.
In sum, because Section 7(k) was motivated by factors other than age-factors that are not direct proxies for age-it does not violate the ADEA's bar on disparate treatment.
A reasonable, non-age factor that explains an employer's decision therefore precludes disparate impact liability, Smith , 544 U.S. at 239, 125 S.Ct. 1536, and the burden is on the employer to demonstrate the factor's reasonableness, Meacham v. Knolls Atomic Power Lab. , 554 U.S. 84, 91, 128 S.Ct. 2395, 171 L.Ed.2d 283 (2008).
Because Section 7(k)'s cost-savings justification was reasonable, the Government is entitled to the RFOA defense.

Exact source text

casedsl 1.2
# author: Flash2 (gemini-3.8-flash-high)
# triaged-by: Fable (2026-11-10)

case /f3d/916/0242-01
  name    Bryan v. Gov't of the V.I.
  cite    916 F.3d 242 (2019)
  court   United States Court of Appeals for the Third Circuit
  date    2019-02-19
  url     catalog/cases/f3d/volume_916/0242_01/index.html
  source  ir/caselaw/f3d_916.jsonl sha1=2467e7570f50019f7cc92eddb59c38374a2b1db5 chars=15584

opinion maj : majority by Hardiman @0..15584 controlling

law 29usc623
  role    applied
  posture civil; ADEA disparate treatment and disparate impact (class action); judgment for government employer on a stipulated record in a bifurcated liability trial affirmed by CA3
  result  claimant-lost

element age-causation : not-satisfied [law]
  route   age-correlated-factor
  pattern extra-pension-contribution-imposed-on-employees-with-thirty-years-credited-service
  fact @776..958 [neutral] | And those declining to retire had to contribute an additional 3% of their salary to the Government Employees Retirement System (the System) starting at the end of those three months.
  fact @6391..6450 [cuts-against] | VIESA does not discuss age or any stereotypes based on age.
  fact @7779..8081 [cuts-against absent] | But while it is true that every Government employee with thirty years of service is over 40 (because the Government does not hire nine-year-olds), Bryan and Thomas point to nothing in the record to establish that all System members in the protected class have achieved thirty years of credited service.
  rule @5863..6041 | And although an employer may not use a direct proxy for age to discriminate surreptitiously against older workers, an employee's tenure (without more) is not such a direct proxy.
  held @8340..8511 | In sum, because Section 7(k) was motivated by factors other than age-factors that are not direct proxies for age-it does not violate the ADEA's bar on disparate treatment.
  ? basis: decided as a legal question on a stipulated record (plenary review), but the court also rests on what plaintiffs "have not demonstrated" from that record; [law] kept

defense rfoa : satisfied [law]
  route   _whole
  pattern payroll-reduction-and-pension-solvency-targeting-long-tenured-employees
  fact @350..467 [supports] | VIESA sought to reduce government spending by reducing payroll while continuing to provide necessary public services.
  fact @14291..14503 [supports] | Using the increased contribution to encourage employees to retire from the Government payroll directly reduces costs as those retirees cease to draw Government salaries and begin to draw pensions from the System.
  fact @14626..14873 [cuts-against] | Although the contribution does not result in direct cost-savings for the Government because the System is a separate fisc, the 3% contribution does lower costs for that System-to which the Government must contribute directly to prevent insolvency.
  rule @9250..9577 | A reasonable, non-age factor that explains an employer's decision therefore precludes disparate impact liability, Smith , 544 U.S. at 239, 125 S.Ct. 1536, and the burden is on the employer to demonstrate the factor's reasonableness, Meacham v. Knolls Atomic Power Lab. , 554 U.S. 84, 91, 128 S.Ct. 2395, 171 L.Ed.2d 283 (2008).
  held @10319..10432 | Because Section 7(k)'s cost-savings justification was reasonable, the Government is entitled to the RFOA defense.