The Equal Employment Opportunity Commission (EEOC) published proposed rules on August 11, 2006 clarifying that favoring an older individual over a younger individual is not unlawful discrimination under the Age Discrimination in Employment Act (ADEA). See 71 Fed. Reg. 155 (Aug. 11, 2006)(to be codified at 29 C.F.R. pt. 1625).

The ADEA prohibits employers from discriminating against employees who are over age 40 on the basis of age. See 29 U.S.C. ¤ 631(a). The proposed regulations implement the Supreme Court’s ruling in General Dynamics Land Systems, Inc. v. Cline, 540 U.S. 581 (2004), in which the Court overturned EEOC guidance permitting reverse age discrimination claims under the ADEA.


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