Employers May Favor Older Employees to the Detriment of Younger Employees Without Violating the ADEA
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General Dynamics Land Systems, Inc. v. Dennis Cline et al., 540 U.S. 581 (2004) (0 other reports)
Author: Steve Zakrocki
In General Dynamics Land Systems, Inc. v. Dennis Cline et al., +540 U.S. 581 (2004), the Supreme Court addressed whether the Age Discrimination in Employment Act of 1967 (ADEA) prohibits reverse age discrimination. In doing so, the Supreme Court examined whether an employer could favor older employees in the compensation, terms, conditions and privileges of employment to the detriment of younger employees.
The ADEA applies to employers with 20 or more employees, and protects persons who are 40 years of age and older from employment discrimination based on their age. The ADEA applies to both employees and job applicants. Pursuant to the ADEA, it is unlawful to discriminate against a person because of his or her age with respect to any term, condition or privilege of employment.
In this case, the Supreme Court held that the ADEA does not protect younger employees from employment discrimination in favor of older employees. In other words, the ADEA does not prohibit reverse age discrimination.
