41.5 Discrimination Based on Age. The United Auto Workers (UAW) is the union that represents the employees

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41.5 Discrimination Based on Age. The United Auto Workers (UAW) is the union that represents the employees of General Dynamics Land Systems, Inc. In 1997, a collective bargaining agreement between UAW and General Dynamics eliminated the company’s obligation to provide health insurance to employees who retired after the date of the agreement, except for current workers at least fifty years old. Dennis Cline and 194 other employees, who were over forty years old but under fifty, objected to this term. They complained to the Equal Employment Opportunity Commission, claiming that the agreement violated the Age Discrimination in Employment Act (ADEA) of 1967. The ADEA forbids discriminatory preference for the “young” over the “old.” Does the ADEA also prohibit favoring the old over the young? How should the court rule? Explain. [General Dynamics Land Systems, Inc. v. Cline, 540 U.S. 581, 124 S.Ct. 1236, 157 L.Ed.2d 1094 (2004)]

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Business Law Today Comprehensive

ISBN: 9780324595741

8th Edition

Authors: Roger LeRoy Miller, Gaylord A Jentz

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