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'The Enemy of 40 is 30, Not 50'
The United States Supreme Court recently ruled that reverse age discrimination claims are not cognizable under the Age Discrimination in Employment Act, 29 U.S.C. ' 621 et seq. (ADEA) in General Dynamics Land Systems Inc. v. Cline, 124 S. Ct. 1236 (2/24/04). Writing for a 6-3 majority, Justice Souter concluded that “the enemy of 40 is 30, not 50.” Id. at 1243. What does this mean for employers and employees?
Background
The General Dynamics case arose in 1997 when General Dynamics and one of its unions entered into a collective bargaining agreement that eliminated the company's obligation to provide health insurance benefits during retirement to employees, except for those employees who were then at least 50 years old. A group of employees who were then at least 40 years old, and thus within the ADEA protected class, but less than 50 years old, sued. They contended that they were unlawfully deprived of retirement health insurance benefits that were available to older workers, based solely on their younger age.
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