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General Dynamics Land Systems
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Introduction. II. Background: Title VII and The Age Discrimination in Employment Act. A. Impetus for Enacting the ADEA. B. America's Aging Workforce. C. Substantive Provisions of the ADEA. D. Impact of Title VII on ADEA Claims. III. Hazen Paper Co. v. Biggins: The Supreme Court's First indication that all Principles Developed under Title VII Might not Apply under The ADEA. IV. General Dynamics Land Systems, Inc. v. Cline. A. General Dynamics Land Systems, Inc. v. Cline-Procedural Development. B. Taking a Closer Look at the United States Supreme Court's Opinion in General Dynamics. 1. The Supreme Court's Majority Opinion. 2. The Supreme Court's Dissenting Opinions. a. Justice Scalia's Dissent. b. Justice Thomas' Dissent. c. The Majority Opinion's Use of the Protected Class or Antisub...
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Employers across the country anxiously awaited the US Supreme Court's recent decision in General Dynamics Land Systems, Inc v Cline, an age discrimination case with far-reaching implications for employers and employees of all ages. The Cline case posed an interesting question of reverse age discrimination: whether an employee protected by the Age Discrimination in Employment Act of 1967 (ADEA) could sustain a claim against his or her employer for affording age-based preferential treatment to an even older employee. The Supreme Court answered that question with a resounding "No," which undoubtedly is the correct result. In holding that discrimination between members of the protected class is permissible under the ADEA, the Cline Court has given rise to the implication that age discrimina...
