Is “Reverse” Age Discrimination Actionable under the ADEA?
In Cline v General Dynamics Land Systems, Inc., the U.S. Supreme Court will decide whether the Age Discrimination in Employment Act (ADEA) prohibits “reverse” discrimination. Dennis Cline had worked for the company for 34 years and intended to retire in the near future. Under a new labor agreement with the United Auto Workers (UAW), the company contracted to provide healthcare benefits only to retirees who had accumulated 30 years of seniority and who were more than 50 years old by July 1, 1997. Mr. Cline was only 48 years old by the deadline, and therefore excluded permanently from health benefits after retirement. Mr. Cline and other employees between the ages of 40 and 49 sued under the ADEA, claiming the company could not lawfully treat older employees more favorably simply on the basis of age. The Sixth Circuit Court of Appeals agreed, holding that a reverse discrimination claim is actionable under the ADEA. This decision was in marked contrast to other circuits, which have held a
