Rationale
Justice O'Connor, writing for the majority, stated that Congress in enacting the ADEA had properly declared its intent to subject states to suits for money damages by private individuals. The Court then noted that under the Court's equal protection jurisprudence, "age is not a suspect classification," and laws which classify on the basis of age need only pass the Court's "rational basis review" test, as opposed to legal classifications based on race or gender, where a "history of purposeful unequal treatment" leads the Court to apply strict scrutiny to such laws. The Court then contrasted rational basis review with the ADEA, which prohibits all employment discrimination on the basis of age, except where age is a "bona fide occupational qualification." The ADEA, the Court concluded, "prohibits substantially more state employment decisions and practices than would likely be held unconstitutional under the applicable equal protection, rational basis standard." Therefore, the ADEA's remedy failed the "congruence and proportionality" test required by Boerne and so was not "a valid exercise of constitutional authority" under Section 5 of the Fourteenth Amendment.
In explaining the application of rational basis review to classifications based on age, the majority stated:
| “ | Age classifications, unlike governmental conduct based on race or gender, cannot be characterized as “so seldom relevant to the achievement of any legitimate state interest that laws grounded in such considerations are deemed to reflect prejudice and antipathy.” ...
States may discriminate on the basis of age without offending the Fourteenth Amendment if the age classification in question is rationally related to a legitimate state interest. The rationality commanded by the Equal Protection Clause does not require States to match age distinctions and the legitimate interests they serve with razorlike precision. ... Under the Fourteenth Amendment, a State may rely on age as a proxy for other qualities, abilities, or characteristics that are relevant to the State’s legitimate interests. The Constitution does not preclude reliance on such generalizations. That age proves to be an inaccurate proxy in any individual case is irrelevant. here rationality is the test, a State does not violate the Equal Protection Clause merely because the classifications made by its laws are imperfect. (internal quotation marks and citations omitted) |
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Justice Stevens's dissenting opinion said, "There is not a word in the text of the Constitution supporting the Court’s conclusion that the judge-made doctrine of sovereign immunity limits Congress’ power to authorize private parties, as well as federal agencies, to enforce federal law against the States." Justice Stevens referred to the doctrine of sovereign immunity as expanded by Seminole Tribe v. Florida and Alden v. Maine as "judicial activism."
Read more about this topic: Kimel V. Florida Board Of Regents