As reported in Human Resource Executive Magazine, the new EEOC regulation allowing for discrimination against younger workers became effective this month. The new rule, which was a response to 2004 Supreme Court decision in General Dynamics Land Systems, Inc. vs. Cline, allows employers to specifically tailor benefit plans and job ads to older workers without having to worry about charges of age discrimination.

In the Cline case, the Supreme Court found that the Age Discrimination in Employment Act (ADEA) did not prohibit employers from favoring an older employee over a younger one. As a result, the EEOC adjusted its ADEA regulations by removing language that prohibited discrimination against younger individuals.