Justices Mull Twist in Law on Age Bias:
"When Congress made it illegal 36 years ago for employers to discriminate on the basis of age, it was clear that older workers were protected from discriminatory treatment that favored those who were younger. The question in a Supreme Court argument on Wednesday was whether the Age Discrimination in Employment Act also meant the reverse: if Congress in addition meant to prohibit policies that favor older workers over younger ones."

The plain language of the statute suggests one interpretation, while the context in which the law was enacted in 1967 suggests the opposite. An employer shall not discriminate against someone "because of such individual's age," the law reads, without specifying "older age" or "younger age." The law's protection begins at age 40 and has no upper limit.

"The real issue here is whether this court should add an additional element" and treat the law as if it read "because of their older age," Mark W. Biggerman, a lawyer for a group of younger workers at General Dynamics plants in Ohio and Pennsylvania, told the court. He urged the court to avoid a judicial rewriting of the statute. "Congress's goal here was to make age a neutral factor in employment," Mr. Biggerman said.

http://www.nytimes.com/2003/11/13/national/13SCOT.html