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Revised age bias rules

The EEOC has revised its regulations on age bias to conform to a 2004 US Supreme Court ruling that the Age Discrimination in Employment Act (ADEA) does not prohibit employers from favoring an older employee over a younger one when both are protected by the act.

The case involved an employer whose new collective bargaining agreement no longer required providing full health benefits to retirees, with one exception. Under the exception, current employees 50 years of age or older would still be eligible for full health benefits upon retirement.

A group of workers age 40 to 49 sued, claiming that the exception violated the ADEA, which protects employees age 40 and older. The high court decided that the ADEA prohibits discrimination that favors young workers over older workers when both groups fall within the protected class, but does not prevent actions that place older workers in a more favorable position.

The EEOC first proposed the changes in 2006, and after receiving public comments, unanimously voted to approve the revisions. The agency says the comments were largely supportive, with both business and labor groups supporting the changes.