Cite as: 528 U. S. 62 (2000)
Opinion of the Court
has a "rational basis in fact." Id., at 417. We rejected that argument, explaining that "[t]he BFOQ standard adopted in the statute is one of 'reasonable necessity,' not reasonableness," id., at 419, and that the ADEA standard and the rational basis test are "significantly different," id., at 421.
Under the ADEA, even with its BFOQ defense, the State's use of age is prima facie unlawful. See 29 U. S. C. § 623(a)(1); Western Air Lines, 472 U. S., at 422 ("Under the Act, employers are to evaluate employees . . . on their merits and not their age"). Application of the Act therefore starts with a presumption in favor of requiring the employer to make an individualized determination. See ibid. In Western Air Lines, we concluded that the BFOQ defense, which shifts the focus from the merits of the individual employee to the necessity for the age classification as a whole, is " 'meant to be an extremely narrow exception to the general prohibition' of age discrimination contained in the ADEA." Id., at 412 (citation omitted). We based that conclusion on both the restrictive language of the statutory BFOQ provision itself and the EEOC's regulation interpreting that exception. See 29 CFR § 1625.6(a) (1998) ("It is anticipated that this concept of a [BFOQ] will have limited scope and application. Further, as this is an exception to the Act it must be narrowly construed"). To succeed under the BFOQ defense, we held that an employer must demonstrate either "a substantial basis for believing that all or nearly all employees above an age lack the qualifications required for the position," or that reliance on the age classification is necessary because "it is highly impractical for the employer to insure by individual testing that its employees will have the necessary qualifications for the job." 472 U. S., at 422- 423 (emphases added). Measured against the rational basis standard of our equal protection jurisprudence, the ADEA plainly imposes substantially higher burdens on state employers. Thus, although it is true that the existence of the BFOQ defense makes the ADEA's prohibition of age dis-
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