Monday, July 9, 2007

EEOC confirms that it is not age discrimination to favor older workers

The EEOC on Friday published revised regulations on age discrimination that conform with the Supreme Court's 2004 ruling in General Dynamics Land Systems, Inc. v. Cline. Cline rejected the notion of "reverse age discrimination" and held that it is not age discrimination for an employer to favor an older employee at the expense of a younger employee, and that such disc. The EEOC's revised regulations, available here, clarify that the ADEA does not prohibit employers from favoring older employees over younger ones when both are protected by the Act:
It is unlawful for an employer to discriminate against an individual in any aspect of employment because that individual is 40 years old or older, unless one of the statutory exceptions applies. Favoring an older individual over a younger individual because of age is not unlawful discrimination under the ADEA, even if the younger individual is at least 40 years old. However, the ADEA does not require employers to prefer older individuals and does not affect applicable state, municipal, or local laws that prohibit such preferences.