 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."