The ADEA permits younger employees to pursue a kind of "reverse-discrimination" lawsuit,alleging that they were discriminated against in favor of an older worker.

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An individual under 40 cannot file a claim under the ADEA based on the claim that she was discriminated against because of her youth. However, certain state laws or precedents allow for what might be considered a youth's "reverse-discrimination" claim under state age discrimination statutes. One New Jersey man who claimed he was fired from a bank vice president position because of his young age (25) was allowed to proceed in court in that state. In direct response to the Cline case, the EEOC modified its regulations to remove language that prohibited discrimination against younger workers, opening the doors to what some consider affirmative action in favor of an older generation.

The ADEA Permits Younger Employees to Pursue a Kind of "Reverse-Discrimination