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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

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