U.S. Supreme Court Rejects Reverse Age Discrimination Theory

In a strongly worded, broadly reaching opinion, the Supreme Court yesterday held that it’s lawful to favor older workers over younger workers, even if the younger workers are age 40 or above, and thus protected by the Age Discrimination In Employment Act (“ADEA”). That federal law prohibits employers from “discriminat[ing] against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.” The Supreme Court’s decision, General Dynamics Land Systems, Inc. v. Cline (Feb. 24, 2004), means that age-based distinctions in employee benefits and other facets of employment are lawful under the ADEA, so long as they benefit relatively older employees within the protected age group.