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One-Way Age Discrimination

By Darrell R. VanDeusen
April 07, 2004

Does the Age Discrimination in Employment Act (ADEA) protect an employee regardless of his or her age, once that employee turns 40? The EEOC's regulation provides that it does, stating that the ADEA works both ways once someone reaches protected status at age 40. Finding this regulation “clearly wrong,” the Supreme Court recently held in General Dymanics Land Systems Inc. v. Cline, 124 S. Ct. 1236 (2004), that the ADEA does not protect younger employees who are treated less favorably than older employees.

The Facts of Cline

Union negotiations between General Dynamics and the UAW eliminated the company's obligation to provide health benefits to retired employees. The agreement grandfathered then-current workers who were at least 50 years old, however, permitting them to retain the benefit. Cline and a number of other employees who were at least 40, but under 50, objected to this new term of the collective bargaining agreement.

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