Opinions expressed by BIZ Experiences contributors are their own.
When most people think of age discrimination in the workplace,they think of older employees getting angry over preferentialtreatment given to twentysomethings. But now, fortysomethingemployees are up in arms over how companies treat workers in their50s and 60s.
This trend-called "reverse discrimination"-is at theheart of the Supreme Court case General Dynamics Land SystemsInc. v. Dennis Cline et al. Citing rising health-care costs,defense contractor General Dynamics, which for years fully fundedthe health costs of its retired employees, renegotiated its policyso only longtime employees over 50 remained eligible for fullmedical benefits after retirement. A group of fortysomethingGeneral Dynamics workers sued, citing discrimination because theywere deemed too young to be entitled to the retirementhealth benefit. The 6th U.S. Circuit Court of Appeals ruled infavor of General Dynamics' employees.
If the Supreme Court upholds that decision, it will affectcompanies' ability to offer generous early retirement packagesand will lead to more layoffs and lawsuits, says William Kilberg, asenior partner for Gibson, Dunn & Crutcher LLP in Washington,DC, and an attorney representing General Dynamics in the case."Every employment decision you make [will] now [be] open tolitigation on the grounds of age," he says. "[Employers]will have to justify each business decision as being made forreasons other than age."
It's a good time to review benefit policies with an expertto weed out obvious inequities based on age, regardless of what theSupreme Court decides, says Adrienne B. Koch, a partner with EsanuKatsky Korins & Siger LLP in New York City: "It may taketime and expense, but it's an ounce of prevention."
The Cline case could be a sign of growing conflict betweenfortysomething boomers and older workers over benefits, especiallywith steady productivity increases allowing companies to stay leanas younger boomers inch toward retirement. "You've gotfewer workers carrying more retirees," Kilberg says. "Andit's going to get worse."
