ABSTRACT In General Dynamics Land Systems v. Cline the Supreme Court held that it was not illegal under the ADEA to preference older workers over younger workers with respect to some benefit plans, even though both sets of employees were protected under the Age Discrimination in Employment Act. This paper will examine that case, as well as the decisions of the lower courts with respect to this issue of reverse discrimination under the ADEA. It will also examine whether or not other theories of liability recognized under Title VII, such as workplace harassment and disparate impact discrimination, translate into liability for employers under the ADEA.
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