general dynamics land systems cline et argued november decided february agreement petitioner company union eliminated company obligation provide health benefits subsequently retired employees except workers least years old respondent employees collectively cline least thus protected age discrimination employment act adea without promise benefits claimed equal employment opportunity commission eeoc agreement violated adea discriminate age eeoc agreed invited company union settle informally cline failed cline brought action adea state law district dismissed calling federal claim one reverse age discrimination upon ever granted relief adea relying seventh circuit decision holding adea protect younger workers older workers sixth circuit reversed reasoning prohibition discrimination clear face congress meant limit coverage protect older worker younger said acknowledged ruling conflicted earlier cases criticized decisions paying much attention general language congress adea findings also drew support eeoc position interpretive regulation held adea text structure purpose history relationship federal statutes show statute mean stop employer favoring older employee younger one pp adea prohibition covers discriminat ion individual age helps younger hurting older abstract phrase open broader construction also prohibits favor old young since reference age carries express modifier word read look two ways expansive possible understanding however square natural reading whole provision prohibiting discrimination fact congress interpretive clues speak almost unanimously understanding discrimination directed workers older ones getting treated better adea prefatory finding purpose provisions legislative history make case effect beyond reasonable doubt remarkable record devoid evidence younger workers suffering elders expense let alone social problem required federal statute place younger worker parity older one adea restriction protected class confirms interpretation congress worrying protecting younger older likely ignored everyone federal case reports replete decisions taking position nearly devoid decisions like one review none cases directly addresses question presented show consistent understanding text structure history point adea remedy unfair preference based relative youth leaving complaints relatively young outside statutory concern see hazen paper biggins strength consensus enough rule serious claim ambiguity congressional silence years judicial interpretation supports adherence view pp rejects three rejoinders proffered cline amicus eeoc favor view statutory age discrimination prohibition works ways pp argument instances age adea limited old age discriminat ion individual age phrase means treatment occurred individual span years either longer shorter rests two mistakes first erroneously assumes word age meaning wherever adea uses presumption identical words different parts act intended meaning see atlantic cleaners dyers rigid readily yields variation connection words used reasonably warrant conclusion employed different parts act different intent ibid second argument uniform usage ignores cardinal rule statutory language must read context since phrase gathers meaning words around jones social history emphatically reveals understanding age discrimination aimed old statutory reference age discrimination idiomatic sense confirmed legislative history reason reference context shows age means old age teamed discrimination provision affirmative defense age bona fide occupational qualification readily shows age qualification means comparative youth context shows age means one thing another also demonstrates presumption uniformity sensibly operate pp cline eeoc second argument view supported colloquy senate floor involving adea sponsor substance first still enough unsettle holding senator yarborough view item adea hearings reports debates goes grain common understanding age discrimination even sponsor single outlying statement stand tide context history mention years judicial interpretation producing apparent legislative qualms pp finally argument owes deference eeoc contrary reading falls short eeoc clearly wrong even agency able claim authority possible chevron natural resources defense council deference statutory interpretation called devices judicial construction tried found yield clear sense congressional intent ins regular interpretive method leaves serious question word age takes definite meaning phrase discriminat ion individual age occurring phrase statute structured manifestly intended protect older arbitrary favor younger pp reversed souter delivered opinion rehnquist stevens ginsburg breyer joined scalia filed dissenting opinion thomas filed dissenting opinion kennedy joined general dynamics land systems petitioner dennis cline et al writ certiorari appeals sixth circuit february justice souter delivered opinion age discrimination employment act adea act stat et forbids discriminatory preference young old question case whether also prohibits favoring old young hold agreement petitioner general dynamics auto workers eliminated company obligation provide health benefits subsequently retired employees except workers least years old respondents collectively cline least thus protected act see without promise benefits objected new terms although retired change order get prior advantage retired afterwards benefit worked knowing new contract give health coverage equal employment opportunity commission eeoc commission claimed agreement violated adea discriminate respect compensation terms conditions privileges employment age eeoc agreed invited general dynamics union settle informally cline failed cline brought action general dynamics combining claims adea state law district called federal claim one reverse age discrimination upon observed ever granted relief adea supp nd ohio dismissed reliance seventh circuit opinion hamilton caterpillar adea protect younger older quoting karlen city colleges chicago cert denied sub nom teachers city colleges chicago divided panel sixth circuit reversed majority reasoning prohibition covering discrimination individual individual age clear face congress meant limit coverage protect older worker younger said acknowledged conflict ruling earlier cases including hamilton schuler polaroid breyer first circuit criticized cases going way paying much attention hortatory generalized language congressional findings incorporated adea sixth circuit drew support view position taken eeoc interpretive judge cole concurring saw issue one plain meaning produced absurd result although acknowledged degree tension consolidated coin caterers spoke age discrimination giving better treatment substantially younger worker judge williams dissented preference hamilton consensus federal courts thinking obvious older person greater needs become granted certiorari resolve conflict among circuits reverse ii common ground case generalization adea prohibition covers discriminat ion individual age helps younger hurting older abstract phrase open argument broader construction since reference age carries express modifier word read look two ways expansive possible understanding however square natural reading whole provision prohibiting discrimination fact congress interpretive clues speak almost unanimously understanding discrimination directed workers older ones getting treated better congress chose include age within discrimination forbidden title vii civil rights act stat aware legitimate reasons well invidious ones making employment decisions age instead called study issue secretary labor concluded age discrimination serious problem one different kind discrimination account secretary spoke disadvantage older individuals arbitrary stereotypical employment distinctions including policies age ceilings hiring examined problem light rational considerations increased pension cost cases legitimate concerns older person ability job wirtz report secretary ultimately took position arbitrary discrimination older workers widespread persistent enough call federal legislative remedy placed recommendation background common experience potential cost employing someone rises age older employee greater inducement prefer younger substitute report contains suggestion reactions age level point devoid indication secretary noticed unfair advantages accruing older employees expense juniors congress asked specific proposal fair labor standards amendments stat secretary provided january cong rec see also public papers presidents lyndon johnson vol message congress urging pportunity opened many americans qualified willing work extensive house senate hearings ensued see age discrimination employment hearings et al general subcommittee labor house committee education labor sess hereinafter house hearings age discrimination employment hearings subcommittee labor senate committee labor public welfare sess hereinafter senate hearings see generally eeoc wyoming testimony hearings dwelled unjustified assumptions effect age ability work see house hearings statement joshua eilberg age worker may find age restrictions become common age employment opportunities likely contract sharply shrink severely age virtually vanish age statement claude pepper must provide meaningful opportunities employment thousands workers well qualified nevertheless denied jobs may desperately need someone arbitrarily decided old senate hearings statement george murphy older worker often faces attitude part employers prevents receiving serious consideration even interview search employment hearings specifically addressed higher pension benefit costs heavier drags hiring workers older got see house hearings statement norman sprague apart stereotypes labor market conditions seniority policies job training costs pension insurance costs mandatory retirement policies often make employers reluctant hire older workers record thus reflects common facts individual chances find keep job get worse time two people younger stronger position older apt tagged demeaning stereotype surprisingly voluminous records hearings found cline cited nothing suggesting workers registering complaints discrimination favor seniors suggestion introductory provisions adea stat begins statements purpose findings mirror wirtz report committee transcripts findings stress impediments suffered older workers efforts retain especially regain employment burdens arbitrary age limits regardless potential job performance costs otherwise desirable practices may work disadvantage older persons ibid incidence unemployment especially unemployment relative younger ages high among older workers statutory objects promote employment older persons based ability rather age prohibit arbitrary age discrimination employment help employers workers find ways meeting problems arising impact age employment sum except one point findings statements objectives either cast terms effects age intensifying time couched terms refer older workers explicitly implicitly relative younger ones single subject statute speaks less specifically arbitrary limits arbitrary age discrimination unmistakable references wirtz report finding lmost three every five employers covered survey effect age limitations frequently new hires apply without consideration applicant qualifications wirtz report adea ban arbitrary limits thus applies age caps exclude older applicants necessarily advantage younger ones setting adea core substantive provision amended prohibiting employers certain others discriminat ion individual age whenever originally enacted individual least forty years age less years age stat prefatory provisions legislative history make case think beyond reasonable doubt adea concerned protect relatively old worker discrimination works advantage relatively young remarkable record devoid evidence younger workers suffering expense elders let alone social problem required federal statute place younger worker parity older one common experience contrary testimony reports congressional findings simply confirm congress used phrase discriminat ion individual age way ordinary people common usage might speak age discrimination day week one commonplace conception american society recent decades character youth culture world younger better talk discrimination age naturally understood refer discrimination older idiomatic sense statutory phrase confirmed statute restriction protected class congress worrying protecting younger older likely ignored everyone youthful deficiencies inexperience unsteadiness invite stereotypical discriminatory thinking lot younger prejudice suffered typically owing youth sadly tend find enemy see estimony indicated age age discrimination employment becomes evident even threshold adopted objection discrimination older people begins even younger age female flight attendants fired young ibid see also senate hearings statement wirtz lowering minimum age limit change nature proposal employment discrimination measure thus threshold makes sense identifying class requiring protection preference juniors defining class might threatened favoritism toward federal reports replete cases taking position nearly devoid decisions like one reviewed start closest home best example hazen paper biggins held violation adea firing employee pension vest basis action took analytically distinct age even though never occur without advanced years said essence age discrimination older employee fired employer believes productivity competence decline old age whereas discrimination basis pension status constitute discriminatory treatment basis age prohibited stereotype faltering worker figured decision attendant stigma ensue relied reading statute cases see legislative history adea repeatedly emphasize process psychological physiological degeneration caused aging varies individual none cases directly addresses question presented show consistent understanding text structure history point adea remedy unfair preference based relative youth leaving complaints relatively young outside statutory concern courts appeals district courts read law way prior case enjoyed virtually unanimous accord understanding adea forbid discrimination preferring young old seventh circuit held hamilton first circuit said schuler district courts ruled cases numerous citation strength consensus enough rule serious claim ambiguity congressional silence years judicial interpretation supports adherence traditional iii cline amicus eeoc proffer three rejoinders favor competing view prohibition works ways first say justice thomas post statute meaning plain word age receives natural ordinary meaning statute read whole giving age meaning throughout even text plainly mean say means argue soundness version shown colloquy floor senate involving senator yarborough sponsor bill became adea finally fall back position fortified justice scalia dissent defer eeoc reading statute point however think argument falls short unsettling view natural meaning phrase speaking discrimination read light statute manifest purpose first response reading dictionary argument age means length person life phrase individual age stating simple test causation discriminat ion individual age treatment occurred individual span years longer shorter case reading calls attention instances age adea limited old age gives employer defense charges age discrimination age bona fide occupational qualification cline eeoc argue age meant old age provide defense old age bona fide qualification employer action reading never clash statute preferring older forbidden argument rests two mistakes first assumes word age meaning wherever adea uses cline simply misemploys presumption identical words used different parts act intended meaning atlantic cleaners dyers cline forgets presumption rigid readily yields whenever variation connection words used reasonably warrant conclusion employed different parts act different intent ibid see also cleveland indians baseball phrase wages paid different meanings different parts title robinson shell oil term employee different meanings different parts title vii presumption uniform usage thus word used several commonly understood meanings among speaker alternate course ordinary conversation without confused getting confusing age kind word justice thomas post agrees word age standing alone readily understood either pointing number years lived common shorthand longer span concurrent aches make youth look good alternative probably intended matter context understand different choices meaning lie behind sentence like age shown driver license statement age left easy understand congress chose different meanings different places adea different settings readily show hence second flaw cline argument uniform usage ignores cardinal rule tatutory language must read context since phrase meaning words around jones quoting jarecki searle point asking abstract question meaning age seeking meaning whole phrase discriminate individual age occurs adea said social history emphatically reveals understanding age discrimination aimed old statutory reference age discrimination idiomatic sense confirmed legislative history reason reference context shows age means old age teamed discrimination provision affirmative defense age bona fide occupational qualification readily shows age qualification means comparative youth context tells us age means one thing another also tells us presumption uniformity sensibly operate comparisons justice thomas urges post mcdonald santa fe trail transp oncale sundowner offshore services serve clarify position cases involved title vii civil rights act et prohibition employment discrimination individual race sex emphasis added term age employed adea however comparable terms race sex employed title vii race sex general terms every day usage require modifiers indicate relatively narrow application commonly understand race refer black race sex refer female prohibition age discrimination readily read narrowly analogous provisions dealing race sex narrower reading natural one textual setting makes perfect sense congress demonstrated concern distinctions hurt older people second objection substance first still enough record congressional action reports colloquy senate floor two legislators active pushing adea senators javits yarborough senator javits began exchange raising concern mentioned senator dominick bill might forbid discrimination two persons ages cong rec senator javits gave view two individuals ages apply job employer selected man aged solely younger man violated act asked senator yarborough opinion ibid senator yarborough answered law prohibits age factor decision hire one age whichever way decision went ibid although past given weight senator yarborough views construction adea sponsor see public employees retirement system ohio betts side exchange enough unsettle reading statute merely discussion prompted question mentioned consolidated coin caterers possibility suing preference someone younger protected class matters senator remark whichever way decision went item hearings reports debates going grain common understanding age even sponsor single outlying statement stand tide context history mention years judicial interpretation producing apparent legislative qualms see consumer product safety gte sylvania rdinarily even contemporaneous remarks single legislator sponsors bill controlling analyzing legislative history third objection relies reading consistent yarborough comment adopted agency charged enforcing statute set cfr quoted full supra eeoc adopted shortly assuming administrative responsibility adea gave reasons view expressed beyond noting provision carried forward earlier department labor regulation see fed reg fed reg earlier regulation gave reasons see fed reg reprinting cfr rescinded fed reg parties contest degree weight owed eeoc reading general dynamics urging us skidmore swift sets limit cline eeoc say deserves greater deference chevron natural resources defense council although devoted fair amount attention lately varying degrees deference deserved agency pronouncements different sorts see mead christensen harris county recent cases point edelman lynchburg college found need choose skidmore chevron even defer eeoc clearly right today neither defer settle degree deference commission clearly wrong even agency able claim authority possible chevron deference statutory interpretation called devices judicial construction tried found yield clear sense congressional intent ins citing chevron supra regular interpretive method leaves serious question even purely textual ambiguity adea word age takes definite meaning phrase discriminat ion individual age occurring phrase statute structured manifestly intended protect older arbitrary favor younger iv see text structure purpose history adea along relationship federal statutes showing statute mean stop employer favoring older employee younger one judgment appeals reversed general dynamics land systems petitioner dennis cline et al writ certiorari appeals sixth circuit february justice scalia dissenting age discrimination employment act adea makes unlawful employer discriminate individual respect compensation terms conditions privileges employment individual age question case whether absence affirmative defense adea prohibits employer favoring older younger workers protected act years age older equal employment opportunity commission eeoc answered question affirmative agency adopted regulation pertinent part unlawful situations act applies employer discriminate hiring way giving preference age individuals thus two people apply position one employer may lawfully turn either one basis age must make decision basis factor regulation represents interpretation agency tasked congress enforcing adea see brushes aside eeoc interpretation clearly wrong ante agree contention upon rejection rests regular interpretive method leaves serious question even purely textual ambiguity adea ante evident reasons given part ii justice thomas dissenting opinion interpretive method anything regular reasons given part opinion eeoc interpretation neither foreclosed statute unreasonable unambiguously require different interpretation eeoc regulation entirely reasonable interpretation text barnhart thomas slip defer agency authoritative conclusion see mead scalia dissenting respectfully dissent general dynamics land systems petitioner dennis cline et al writ certiorari appeals sixth circuit february justice thomas justice kennedy joins dissenting easy case plain language mandates particular outcome respondents able sue discrimination favor older workers agency charged enforcing statute adopted regulation issued opinion adjudicator adopt natural interpretation provision portion legislative history relevant question us consistent outcome despite fact traditional tools statutory interpretation lead inexorably conclusion respondents state claim discrimination relatively young apparently disappointed result today adopts different interpretation necessity creates new tool statutory interpretation proceeds give newly created social history analysis dispositive weight agree new approach interpreting statutes respectfully dissent starting point interpretation statute always language community creative reid courts must presume legislature says statute means means statute says connecticut nat bank germain thus rather looking historical background age discrimination employment act adea instead start text words statute unambiguous judicial inquiry complete internal quotation marks omitted plain language adea clearly allows suits brought relatively young discriminated favor relatively old phrase discriminate individual age restricted discrimination relatively older age employer fired worker sole reason worker entirely natural say worker discriminated age struggle think phrase use describe behavior wonder describe incidents apparently considers usage unusual atypical aberrant see ante concluding common usage language exclude discrimination relatively young phrase discriminat ion individual age parties identify possible ambiguity centering multiple meanings word age parties note age alternative meaning namely state old old age american heritage dictionary ed see also oxford american dictionary webster third new international dictionary first secondary meaning course less commonly used primary meaning appears restricted instances clear immediate context phrase meaning phrases hair white age american heritage dictionary supra eyes dim age random house dictionary english language ed possibly using age include young age unlike phrase fired age second use word age portions statute effectively destroys doubt adea advertising prohibition bona fide occupational qualification defense rendered incoherent term age provisions read mean older age although true identical words used different parts act intended rigid overcome context clear ante quoting atlantic cleaners dyers presumption rebutted noted plain common reading phrase individual age refers individual chronological age least manifestly unclear bars discrimination relatively older incorrectly concluding clearly unequivocally bars discrimination older ante conclude context allows alternative meaning term age ante one structural argument raised defense interpretation discriminates individual age provision limiting adea protections years age see first glance might look odd paired conclusion bars discrimination relatively young well relatively old perfectly rational explanation congress easily conclude age discrimination directed damaging since young worker unjustly fired likely find new job otherwise recover discrimination person fired due irrational age discrimination whether worker young old might difficult time recovering discharge finding new employment interpretation also comports many findings wirtz report dept labor older american worker age discrimination employment parallel findings adea see finding older workers find disadvantaged efforts retain employment especially regain employment displaced jobs finding incidence unemployment especially unemployment resultant deterioration skill morale employer acceptability relative younger ages high among older workers plain reading adea bolstered interpretation agency charged administering statute regulation issued equal employment opportunity commission eeoc adopts view contrary cfr binding eeoc decision addresses question us also adopted view contrary see garrett runyon appeal wl eeoc agree need address whether deference chevron natural resources defense council apply eeoc regulation case see ante course conclude eeoc interpretation consistent best reading statute position hand untenable even disagrees interpretation language statute strains credulity argue reading unreasonable agency adopt suggest instant case regular interpretive method leaves serious question even purely textual ambiguity adea ante ignore entirely reasonable incidentally correct contrary interpretation adea eeoc advocate finally relevant piece legislative history addressing question whether possible younger individual sue based discrimination favor older individual comports plain reading text senator yarborough exchange parties identified legislative history discussing particular question confirmed text really meant said see cong rec although statute clear hence need delve legislative history history merely confirms plain reading text correct ii strangely explain departs accepted methods interpreting statutes however clearly set forth principal reason adopting particular reading phrase discriminate based individual age part opinion point asking abstract adea uses word seeking meaning whole phrase individual age said social history emphatically points sense age discrimination aimed old idiomatic understanding confirmed legislative history ante emphasis added define social history although apparently something different legislative history refers legislative history separate interpretive tool sentence indeed never defined social history previous opinion probably never sanctioned looking social history method statutory interpretation today takes unprecedented step places dispositive weight new concept appears considers social history phrase discriminate individual age principal evil congress targeted passed adea section analysis pointedly notes evidence widespread problems antiyouth discrimination primary concerns executive branch officials members congress pertained problems workers generally faced increased reaches final legal conclusion meaning phrase ordinary people employing common usage language talk discrimination age naturally referring discrimination older ibid concluding adea concerned protect relatively old worker discrimination works advantage relatively young record indication younger workers suffering expense elders let alone social problem required federal statute place younger worker parity older one ibid hence apparently concludes congress mind particular principal primary form discrimination passes antidiscrimination provision ing persons discriminating personal quality phrase discriminate personal quality covers principal common form discrimination relating personal quality however typically interpreted nondiscrimination statutes odd manner tatutory prohibitions often go beyond principal evil cover reasonably comparable evils ultimately provisions laws rather principal concerns legislators governed oncale sundowner offshore services oddity new technique statutory interpretation highlighted contrary approach prohibition title vii civil rights act stat amended et seq little doubt motivation behind enactment civil rights act prevent invidious discrimination racial minorities especially blacks see cong rec statement humphrey goals bill simple ones extend negro citizens rights opportunities white americans take granted president kennedy announcing civil rights proposal identified several social problems negro baby born america today much chance completing high school white baby much chance becoming professional man twice much chance becoming unemployed prospects earning half much radio television report american people civil rights public papers presidents john kennedy june pp gave examples cited occurrences discrimination whites indicated discrimination motivated even part introduce bill considered impetus submission civil rights bill civil rights commission report focused employment section solely discrimination racial minorities noting instance twin problems unemployment lack skilled workers magnified minority groups subject discrimination commission civil rights report also discussed analyzed severe unemployment statistics black workers compared white workers see see also summarizing findings commission listing examples discrimination blacks report presented evidence problems even incidents discrimination whites congressional debates hearings although filled statements decrying discrimination racial minorities setting forth disadvantages minorities suffered contain references find problem discrimination whites see cong rec statement clark turn background racial discrimination job market basis need legislation suggest economics heart racial bias negro condemned poverty lack equal job opportunities poverty kept negro mainstream american life statement kennedy title vii directed toward judgment american negroes need increase health happiness deprived chance make decent living income needed bring children family tragedy statement humphrey like turn problem racial discrimination employment present time negroes members minority groups equal chance hired promoted given desirable assignments ibid citing disfavorable unemployment rates nonwhites compared whites ibid discrimination employment confined region widespread every part country harmful negroes members minority groups crux problem open employment opportunities negroes occupations traditionally closed statement kuchel negro puerto rican indian american mexican descent secure job opportunity advance job commensurate skill right served places public accommodation meaningless one member minority group believes matter hard studies confronted life unskilled menial labor loss occurred human also nation statement moss us except person discriminated basis race color national origin frequently knows going school prepare job frequently knows matter hard works diligently turns day day much overtime puts never get boss single work crew foreman single division fair employment practices title right displace white man given preference simply right running find evidence even single legislator appeared concerned whether incidents discrimination whites find citation incidents sum record evidence white workers suffering expense racial minorities discrimination whites favor racial minorities hardly social problem requir ing federal statute place white worker parity racial minorities ante thus talk discrimination race naturally understood refer discrimination racial minorities ibid light opinion today appears treading wrong path respect title vii since least see mcdonald santa fe trail transp holding title vii protected whites discriminated favor racial minorities mcdonald relied fact terms title vii prohibiting discharge individual individual race limited discrimination members particular race admittedly also relied eeoc interpretation title vii given decisions also statements legislative history enactment title vii see citing cong remarks celler memorandum clark memorandum sens clark case remarks williams instant case already noted see supra eeoc issued regulation binding eeoc decision adopting view contrary line interpretation title vii already noted see supra relevant piece legislative history respect question posture legislative history behind title vii namely statement age discrimination cuts ways relatively younger individual sue discriminated see cong statement yarborough abundantly clear new approach antidiscrimination statutes lead us far astray principles statutory interpretation examination social history serious tension outright conflict prior cases matters current approach instance mcdonald wrongly decided one hope new technique statutory interpretation catch errors limited case responding dissent insists making particular mistake namely confining application terms used broad sense relatively narrow class cases prompted congress address subject matter ante notes contrast term age terms race sex general terms every day usage require modifiers indicate relatively narrow application ante thus seems claim merely trying identify whether narrower reading term age natural one textual setting seriously attempt analyze whether term age naturally read narrowly context instead jumps immediately rests entire common usage analysis ante social history whole phrase individual age ante words concludes common usage age discrimination refers exclusively discrimination relatively old social history phrase whole mandates reading explained social history whole phrase individual age found different social history whole phrase discriminate individual race adea clearly prohibits discrimination individual age whether individual old young affirm appeals resorts interpretive sleight hand avoid addressing plain language adea respectfully dissent footnotes cfr two people apply position one employer may lawfully turn either one basis age must make decision basis factor discuss regulation greater length infra report found mployment discrimination race identified feelings people entirely unrelated ability job significant discrimination kind far older workers concerned closely related kind discrimination older workers involves rejection assumptions effect age ability job fact basis assumptions report secretary labor older american worker age discrimination employment hereinafter wirtz report emphasis original see also house hearings statement james burke discrimination arises older job seeker assumptions made effects age performance senate hearings statement harold sheppard ne underlying conditions upward trend unemployment rates given group older workers period time related barrier age discrimination statement harrison williams beliefs generalizations older persons grown translated restrictive policies practices hiring new employees bar older jobseekers employment principally quoting earlier report senate special committee aging congress changed upper age limit years pub stat struck entirely pub stat president transferred authority adea department labor eeoc reorg plan app congress also made changes including extending adea government employees state local federal pub stat amending adding clarifying extends certain exceptions employee benefits pub stat amending among provisions justice thomas post dissenting opinion charges holding unnaturally limiting comprehensive prohibition age discrimination principal evil congress targeted post calls inconsistent method mcdonald santa fe trail transp title vii prohibition discrimination race protects whites oncale sundowner offshore services title vii prohibition discrimination sex protects men sexual harassment men objection aimed wrong place discuss greater length infra dealing prohibition expressed unqualified use term without conventionally narrow sense race sex used title vii narrowing prohibition covers instances particular practice induced congress enact general prohibition hold congress expressed prohibition using term commonly understood narrow sense age relatively old age justice thomas may think mistaken post infer congress used age meaning antithesis youth rather meaning age making particular mistake confining application terms used broad sense relatively narrow class cases prompted congress address subject matter see lawrence irondequoit supp wdny following hamilton greer pension benefit guaranty corporation fep cases sdny noting unanimity courts dittman general motors chassis supp alternative holding following hamilton parker wakelin supp adea never construed permit younger persons claim discrimination favor older persons wehrly american motors sales supp nd ind following karlen city colleges chicago cert denied sub nom teachers city colleges chicago case found arguably contrary mississippi power light local union nos ibew supp sd miss allowed claim objecting benefit given individuals denied outside range without discussing hamilton authority holding plaintiffs lack cause action congress shy revising judicial constructions adea see public employees retirement system ohio betts observing amendment adea changed specific result earlier case air lines mcmann pp stating congress also disapproved mcmann reasoning amendments meant overrule betts well gets little credit relenting though tendency assume word appears two legal rules connection one purpose precisely scope runs legal discussions tenacity original sin must constantly guarded cook substance procedure conflict laws yale passage become staple opinions see cleveland indians baseball nationsbank variable annuity life ins cab delta air lines even wider contextual enquiry supports conclusion uniformity cline eeoc claim uses age within adea introduce unwelcome discord among federal statutes employee benefit plans example tax code requires employer allow certain employees reach age diversify stock ownership plans part removes penalty early distributions retirement plans age requires employer allow many employees receive benefits immediately upon retiring age requires employer adjust upward employee pension benefits employee continues work past age iii employee retirement income security act makes similar provisions see normal retirement age may come age although plan specifies later plan must pay full benefits employees retire normal retirement age taken one time statutory directives might viewed exception congress carved generally recognized principle employers may give benefits older employees withhold younger ones viewed whole however incoherent alleged congressional belief background principle existed essentially answer suffices cline eeoc suggestion reading odds statute ban employers print ing notice advertisement relating employment indicating preference limitation specification discrimination based age fair add though senator dominick appear sought clarification question presented asking statement appended committee report whether prospective employer open charge discrimination hires younger man open charge discrimination younger man hired older one see also mentioning confusion among committee counsel senator dominick considered result undesirable see ibid legal complexities surrounding bill adequately dealt committee footnotes section provides defense age bona fide occupational qualification age limited older age provide defense defense needed since reading discrimination relatively young always legal adea section bans print ing notice advertisement relating indicating preference limitation specification discrimination based age age read mean older age employer print advertisements asking young applicants new job hiring considering young applicants banned adea print advertisements requesting older applicants hiring older applicants legal reading adea see ante citing exchange sens yarborough javits see ante wirtz report contains suggestion sponses age level point devoid indication secretary labor noticed unfair advantages older employees expense juniors ante finding records congressional hearings nothing suggesting workers registered complaints discrimination favor seniors ante finding one exception findings statements objectives either cast terms effects age intensifying time couched terms refer workers explicitly implicitly relative ones see loevy end segregation politics passage civil rights act likely said course provisions civil rights act sexual harassment workplace assuredly principal evil congress concerned enacted title vii oncale wonder even single reference committee reports congressional debates title vii prohibition sex discrimination social problem requir ing federal statute correct ante arising excessive sexual harassment phrases differently prohibition age discrimination readily read narrowly analogous provisions dealing race sex ante emphasis added true believes term age appropriately read narrower sense