by Patricia Schaeffer, Vice President-Regulatory Affairs
On July 6, the EEOC published a revised rule in the Federal Register on age discrimination in the workplace to conform with the Supreme Court’s 2004 ruling in General Dynamics Land Systems, Inc. v. Cline. The rule clarifies that the Age Discrimination in Employment Act (ADEA) does not prohibit employers from favoring an older employee over a younger one when both are protected by the Act.
The EEOC initially proposed these change in 2006, and the public comments were generally supportive of the changes. In announcing the new rule, EEOC Chair Naomi C. Earp said “These revisions harmonize the Commission’s age discrimination regulations with the Supreme Court’s ruling in Cline, which clarified the law on this question. The decision, along with the revised regulations, will aid the EEOC in its enforcement efforts.”