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Article Index » age discrimination » reverse age discrimination
Report Link EEOC Issues New Rule on Age Discrimination Against Younger Employees (pdf).
Phelps Dunbar LLP - July 09, 2007
This week, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new rule governing liability under the Age Discrimination in Employment Act (ADEA). The ADEA protects employees age 40 and older from discrimination in favor of younger workers. The new rule addresses the reverse situation: It provides that employers are not liable under the ADEA when they favor older workers over younger workers, even when both are over 40, and thus covered by the Act.
Report Link EEOC Issues Proposed Regulation Implementing US Supreme Court Decision Regarding Older Workers.
Jackson Lewis LLP - September 21, 2006
In August 2006, the Equal Employment Opportunity Commission issued proposed amendments to revise and clarify its current regulations that describe the Age Discrimination in Employment Act as prohibiting any age-based favoritism in regard to employees age 40 and over. The EEOC issued these proposed amendments in response to the United States Supreme Court's decision in General Dynamics Land Systems, Inc. v. Cline, No. 02-1080; 540 U.S. 581 (2004). (Read about the 2004 decision here.) In Cline, the Supreme Court resolved a conflict among the federal appeals courts about the concept dubbed "reverse age discrimination" and held that the ADEA does not shield from discriminatory action individuals within the protected age category who are given less preferable treatment than similarly situated older individuals. The Supreme Court specifically found the ADEA was not intended to protect younger employees (even if age 40 or over) from being passed over for more preferable treatment accorded to relatively older employees.
Report Link Claim of "Reverse Age Discrimination" in Retiree Benefits Is Rejected by U.S. Supreme Court.
Jackson Lewis LLP - February 25, 2004
In a 6 - 3 decision, the U. S. Supreme Court has ruled that the Age Discrimination in Employment Act does not shield from discriminatory action individuals within the protected age category who are given less preferable treatment than similarly situated older individuals.

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