October Term 2003 · Docket 02-1080
Does the ADEA protect only the oldest workers in a group?
The dispute centers on whether the Age Discrimination in Employment Act shields only the oldest employees in a comparison group or all workers over forty.
Verified source milestones
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Donald Verrilli argued the ADEA protects workers over forty from disparate treatment.
He stated the law rejects the assumption that competence declines with age.
Paul Clement argued the ADEA prohibits discrimination against the protected class.
He contended the law is not limited to claims by the oldest members of the class.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 1, lines 5-3 — Transcript, file page 1, lines 5-3
- Official Supreme Court Transcript — file page 17, lines 45-39 — Transcript, file page 17, lines 45-39
- Official Supreme Court Transcript — file page 26, lines 19-5 — Transcript, file page 26, lines 19-5
- Official Supreme Court Transcript — file page 3, lines 17-60 — Transcript, file page 3, lines 17-60
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 40, lines 41-11 — Transcript, file page 40, lines 41-11
- Official Supreme Court Transcript — file page 50, lines 37-39 — Transcript, file page 50, lines 37-39
A citizen's guide to the whole case
What this case is about
General Dynamics Land Systems argues the law protects only the oldest workers in a group. Dennis Cline argues the law protects all workers over forty from age bias.
Official sources for this section
- Official Supreme Court Transcript — file page 1, lines 5-3 — Transcript, file page 1, lines 5-3
- Official Supreme Court Transcript — file page 26, lines 19-5 — Transcript, file page 26, lines 19-5
- Official Supreme Court Transcript — file page 3, lines 17-60 — Transcript, file page 3, lines 17-60
- Official Supreme Court Transcript — file page 40, lines 41-11 — Transcript, file page 40, lines 41-11
How the case got here
The Supreme Court heard oral argument in this case on November 12, 2003.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
What each side wants
General Dynamics wants the Court to limit ADEA protection to the oldest workers in a group.
Cline wants the Court to confirm ADEA protection covers all workers over forty.
Official sources for this section
- Official Supreme Court Transcript — file page 1, lines 5-3 — Transcript, file page 1, lines 5-3
- Official Supreme Court Transcript — file page 26, lines 19-5 — Transcript, file page 26, lines 19-5
- Official Supreme Court Transcript — file page 3, lines 17-60 — Transcript, file page 3, lines 17-60
- Official Supreme Court Transcript — file page 40, lines 41-11 — Transcript, file page 40, lines 41-11
What each side says
General Dynamics argues the statute requires comparing workers to the oldest members of the group.
Cline argues the statute prohibits bias against any worker over forty based on age.
Official sources for this section
- Official Supreme Court Transcript — file page 1, lines 5-3 — Transcript, file page 1, lines 5-3
- Official Supreme Court Transcript — file page 26, lines 19-5 — Transcript, file page 26, lines 19-5
- Official Supreme Court Transcript — file page 3, lines 17-60 — Transcript, file page 3, lines 17-60
- Official Supreme Court Transcript — file page 40, lines 41-11 — Transcript, file page 40, lines 41-11
What the justices asked
Justice Scalia asked if the government critique applies equally to the opposing interpretation.
Chief Justice Rehnquist noted the case was submitted after the argument concluded.
Official sources for this section
- Official Supreme Court Transcript — file page 17, lines 45-39 — Transcript, file page 17, lines 45-39
- Official Supreme Court Transcript — file page 50, lines 37-39 — Transcript, file page 50, lines 37-39
Why it matters
The outcome defines the scope of federal age-discrimination protections for workers over forty. It determines whether employers can dismiss older workers if younger colleagues remain in the group. This rule shapes workplace hiring and retention practices nationwide.
Official sources for this section
- Official Supreme Court Transcript — file page 1, lines 5-3 — Transcript, file page 1, lines 5-3
- Official Supreme Court Transcript — file page 26, lines 19-5 — Transcript, file page 26, lines 19-5
- Official Supreme Court Transcript — file page 3, lines 17-60 — Transcript, file page 3, lines 17-60
- Official Supreme Court Transcript — file page 40, lines 41-11 — Transcript, file page 40, lines 41-11
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 17, lines 45-39 — Transcript, file page 17, lines 45-39
- Official Supreme Court Transcript — file page 3, lines 5-15 — Transcript, file page 3, lines 5-15
- Official Supreme Court Transcript — file page 50, lines 37-39 — Transcript, file page 50, lines 37-39
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 1, lines 5-3 — Transcript, file page 1, lines 5-3
- Official Supreme Court Transcript — file page 26, lines 19-5 — Transcript, file page 26, lines 19-5
- Official Supreme Court Transcript — file page 3, lines 17-60 — Transcript, file page 3, lines 17-60
- Official Supreme Court Transcript — file page 40, lines 41-11 — Transcript, file page 40, lines 41-11
- Official Supreme Court Transcript — file page 1, lines 5-3 — Transcript, file page 1, lines 5-3
- Official Supreme Court Transcript — file page 26, lines 19-5 — Transcript, file page 26, lines 19-5
- Official Supreme Court Transcript — file page 3, lines 17-60 — Transcript, file page 3, lines 17-60
- Official Supreme Court Transcript — file page 40, lines 41-11 — Transcript, file page 40, lines 41-11
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.