Michael R. Hamilton, Individually & on Behalf of All Other Persons Similarly Situated v. Caterpillar Inc., a Delaware Corp., 966 F.2d 1226 (7th Cir. 1992). · Go Syfert
Michael R. Hamilton, Individually & on Behalf of All Other Persons Similarly Situated v. Caterpillar Inc., a Delaware Corp., 966 F.2d 1226 (7th Cir. 1992). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, last quoted 2004 · 2 courts · …the adea does not provide a remedy for reverse age discrimination. at p. 1228
52 citation events (37 in the last 25 years) across 15 distinct courts.
Strongest positive: Shalow v. Henderson (ca5, 2004-03-04)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Shalow v. Henderson
5th Cir. · 2004 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
the adea does not provide a remedy for reverse age discrimination.
discussed Cited as authority (verbatim quote) STATE POLICE FOR AUTOMATIC RETIREMENT v. Difava
D. Mass. · 2001 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
the adea does not provide a remedy for reverse age discrimination.
cited Cited as authority (rule) K.C. v. Individual Members of the Medical Licensing Board
7th Cir. · 2024 · confidence medium
John's United Church of Christ v. City of Chicago, 502 F.3d 616, 638 (7th Cir. 2007); Hamilton v. Caterpillar Inc., 966 F.2d 1226, 1227 (7th Cir. 1992).
cited Cited as authority (rule) K.C. v. Individual Members of the Medical Licensing Board
7th Cir. · 2024 · confidence medium
John's United Church of Christ v. City of Chicago, 502 F.3d 616, 638 (7th Cir. 2007); Hamilton v. Caterpillar Inc., 966 F.2d 1226, 1227 (7th Cir. 1992).
cited Cited as authority (rule) K.C. v. Individual Members of the Medical Licensing Board
7th Cir. · 2024 · confidence medium
John's United Church of Christ v. City of Chicago, 502 F.3d 616, 638 (7th Cir. 2007); Hamilton v. Caterpillar Inc., 966 F.2d 1226, 1227 (7th Cir. 1992).
cited Cited as authority (rule) K.C. v. Individual Members of the Medical Licensing Board
7th Cir. · 2024 · confidence medium
John's United Church of Christ v. City of Chicago, 502 F.3d 616, 638 (7th Cir. 2007); Hamilton v. Caterpillar Inc., 966 F.2d 1226, 1227 (7th Cir. 1992).
discussed Cited as authority (rule) Harvey Levin v. Lisa Madigan
7th Cir. · 2012 · confidence medium
Dynamics Land Sys., Inc. v. Cline, 540 U.S. 581, 593 , 124 S.Ct. 1236 , 157 L.Ed.2d 1094 (2004) (“[T]he text, structure, and history point to the ADEA as a remedy for unfair preference based on relative youth, leaving complaints of the relatively young outside the statutory concern.”); Hamilton v. Caterpillar Inc., 966 F.2d 1226, 1228 (7th Cir.1992).
discussed Cited as authority (rule) Lawrence v. Town of Irondequoit
W.D.N.Y. · 2002 · confidence medium
I agree with the Seventh Circuit’s reasoning in Hamilton that “[t]here is no evidence in the legislative history that Congress had any concern for the plight of workers arbitrarily denied opportunities and benefits because they are too young.” Hamilton, 966 F.2d at 1228 (emphasis in original).
discussed Cited as authority (rule) Dennis Cline v. General Dynamics Land Systems, Inc. (2×)
6th Cir. · 2002 · confidence medium
In support of its holding, the district court cited to Hamilton v. Caterpillar, Inc., 966 F.2d 1226, 1228 (7th Cir.1992), for the proposition that the ADEA does not recognize claims of reverse age discrimination.
cited Cited as authority (rule) State Police for Automatic Retirement Ass'n v. Difava
D. Mass. · 2001 · signal: cf. · confidence medium
Cf. Hamilton v. Caterpillar, Inc., 966 F.2d 1226, 1228 (7th Cir.1992) (“The ADEA does not provide a remedy for reverse age discrimination.”).
discussed Cited as authority (rule) Cline v. General Dynamics Land Systems, Inc.
N.D. Ohio · 2000 · confidence medium
E.g., Hamilton v. Caterpillar Inc., 966 F.2d 1226, 1227-28 (7th Cir.1992); Dittman v. General Motors Corporation-Delco Chassis Div., 941 F.Supp. 284, 287 (D.Conn.1996); Parker v. Wakelin, 882 F.Supp. 1131, 1140-41 (D.Me.1995).
discussed Cited as authority (rule) John R. Stone v. The Travelers Corporation
9th Cir. · 1995 · confidence medium
The district court, following the lead of the Seventh Circuit in Hamilton v. Caterpillar, Inc., 966 F.2d 1226, 1228 (7th Cir.1992), held that the ADEA simply does not provide a remedy for “reverse” age discrimination.
cited Cited as authority (rule) Parker v. Wakelin
D. Me. · 1995 · confidence medium
Hamilton v. Caterpillar, Inc., 966 F.2d 1226, 1228 (7th Cir.1992).
discussed Cited as authority (rule) State Ex Rel. Beaulieu v. Independent School District No. 624 (2×)
Minn. Ct. App. · 1994 · confidence medium
We note that on facts similar to the present case, the United States Seventh Circuit Court of Appeals in Hamilton v. Caterpillar Inc., 966 F.2d 1226, 1227-28 (7th Cir.1992) rejected a “reverse” discrimination claim under the ADEA by a class of workers between the ages of 40 and 50 who failed to qualify for early retirement benefits in a plan with a minimum age of 50, despite the ADEA protection of individuals between the ages of 40 and 70. 29 U.S.C. 631(a) (Supp.
discussed Cited "see" Feigl v. Ecolab, Inc. (2×)
N.D. Ill. · 2003 · signal: see · confidence high
See id. at 1228 .
cited Cited "see" Wright v. L-3 Communications Corp.
D.N.J. · 2002 · signal: see · confidence high
See Hamilton v. Caterpillar Inc., 966 F.2d 1226 (7th Cir.1992) (rejecting ADEA reverse-discrimination claim based on youth). 4 .
discussed Cited "see" Edward Gustovich v. At & T Communications, Inc.
7th Cir. · 1992 · signal: see · confidence high
See Hamilton v. Caterpillar Inc., 966 F.2d 1226 (7th Cir.1992) (favoritism for older workers in early retirement plans does not violate ADEA); Henn v. National Geographic Society, 819 F.2d 824 (7th Cir.1987) (pressure to retire created by early retirement plans does not violate ADEA when employees are free to keep working; an offer is not illegal because too lucrative to turn down).
discussed Cited "see, e.g." Dittman v. General Motors Corp.
D. Conn. · 1996 · signal: see, e.g. · confidence low
See, e.g., Hamilton v. Caterpillar, Inc., 966 F.2d 1226 (7th Cir.1992); Stone v. Travelers Corp., 58 F.3d 434 (9th Cir.1995) (commenting that ADEA does not forbid treating older workers more generously than younger workers); Karlen, 837 F.2d at 318 (stating that ADEA does not protect the young against the old).
cited Cited "see, e.g." Opinion No.
Ark. Att'y Gen. · 1995 · signal: see, e.g. · confidence low
See, e.g., Hamilton v. Caterpillar, Inc., 966 F.2d 1226 , 1227-28 (7th Cir. 1992).
discussed Cited "see, e.g." Paul H. KRALMAN, Plaintiff-Appellant, v. ILLINOIS DEPARTMENT OF VETERANS’ AFFAIRS, Defendant-Appellee
7th Cir. · 1994 · signal: see also · confidence medium
However, three cases have noted the EEOC regulation and acknowledged that “an employer is not insulated from liability for age discrimination when he chooses among people in the protected class.” Mayall v. Peabody Coal Co., 7 F.3d 570, 572 (7th Cir.1993); La Montagne v. American Convenience Products, Inc., 750 F.2d 1405 , 1411 n. 4 (7th Cir.1984); see also Hamilton v. Caterpillar, Inc., 966 F.2d 1226, 1228 (7th Cir.1992) (stating that the court has “no quarrel” with eases that have interpreted the EEOC regulation as providing that “an older plaintiff may maintain a cause of action un…
Retrieving the full opinion text from the archive…
Michael R. HAMILTON, Individually and on Behalf of All Other Persons Similarly Situated, Plaintiff-Appellant,
v.
CATERPILLAR INCORPORATED, a Delaware Corporation, Defendant-Appellee
91-2567.
Court of Appeals for the Seventh Circuit.
Nov 17, 1992.
966 F.2d 1226
Leonard N. Flamm (argued), Norman Mednick, New York City, Earl A. Payson, Nagle, Harris, Cook & Payson, Davenport, Iowa, for plaintiff-appellant., Michael A. Warner (argued), J. Stephen Poor, John T. Murray, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., Theodore R. Johnson, Caterpillar Inc., Peoria, Ill., for defendant-appellee.
Bauer, Cudahy, Kanne.
Cited by 28 opinions  |  Published
CUDAHY, Circuit Judge.

In January 1986, Caterpillar announced that it was thinking about closing its plants in Davenport and Bettendorf, Iowa. Soon thereafter, Caterpillar began negotiations with Local 215 of the United Automobile, Aerospace and Agricultural Implement Workers of America, which represented Caterpillar’s employees at the Iowa plants.[*1227] As a result of the negotiations, in July 1986 Caterpillar agreed to establish a Special Early Retirement Program when and if the plants closed. Caterpillar’s existing pension plan provided early retirement benefits to workers 60 years or older with 10 years of service and to workers 55 years or older with terms of service, that, when added to their age, totaled 85. The supplemental plan extends those early retirement benefits to workers 50 or older with 10 years of service.

The Davenport and Bettendorf plants were indeed shut down and all of Caterpillar’s employees were laid off by June 1988. In 1990, Michael Hamilton brought a class action against Caterpillar, alleging that the Special Early Retirement Program violates the Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq. (1988) (ADEA). The substance of the claim is more than a little bizarre: Hamilton and the other members of his class are between the ages of 40 and 50; they had ten years of service when the plants closed; and they are suing Caterpillar because they were too young to qualify for early retirement benefits.

The district court dismissed Hamilton’s claim with prejudice. Judge Mihm held that the ADEA does not prohibit reverse age discrimination. Order at 9 (May 30, 1991). Assuming that the ADEA does prohibit reverse age discrimination, however, the court also held that the Special Early Retirement Program is a bona fide employee benefit plan protected by section 4(f)(2) of the ADEA, 29 U.S.C. § 623(f)(2). Id. at 10. We need reach only the first holding to affirm.

I.

This is the first time a reverse age discrimination case has reached this court. Nonetheless, we have opined that the ADEA “does not protect the young as well as the old, or even, we think, the younger against the older.” Karlen v. City Colleges of Chicago, 837 F.2d 314, 318 (7th Cir.), cert. denied, 486 U.S. 1044, 108 S.Ct. 2038, 100 L.Ed.2d 622 (1988) (emphasis in original). Other circuit courts have made similar statements, again without facing the issue head-on. See, for example, Schuler v. Polaroid Corp., 848 F.2d 276, 278 (1st Cir.1988) (the ADEA “does not forbid treating older persons more generously than others”). One district court in this circuit has squarely held that the ADEA does not authorize reverse discrimination suits. Wehrly v. American Motors Sales Corp., 678 F.Supp. 1366, 1380-83 (N.D.Ind. 1988). There are no cases to the contrary.

Hamilton argues that age discrimination is like race or sex discrimination — it cuts both ways. On its face, the argument is implausible. Age is not a distinction that arises at birth. Nor is age immutable (leaving the claims of plastic surgeons aside). See Mason v. Lister, 562 F.2d 343 (5th Cir.1977) (rejecting Equal Protection challenge to NASA early retirement program). There is nothing to suggest that Congress believed age to be the equal of youth in the sense that the races and sexes are deemed to be equal.

The age limits in the statute are consistent with our observations. The ADEA allows individuals only 40 years and older to sue. 29 U.S.C. § 631(a). If the Act were really meant to prevent reverse age discrimination, limiting the protected class to those 40 and above would make little sense. To illustrate the point, imagine that only racial minorities and women could bring suit under Title VII. If Title VII so limited the plaintiff class, we would be unlikely to read that statute to prohibit reverse discrimination either.

We cannot end our analysis, however, without noting that the Equal Employment Opportunity Commission appears to take the same view of the ADEA as Hamilton. The relevant regulation provides:

It is unlawful in situations where this Act applies, for an employer to discriminate in hiring or in any other way by giving preference because of age between individuals 40 and over. Thus, if two people apply for the same position, and one is 42 and the other 52, the employer may not lawfully turn down either one on the basis of age, but must make[*1228] such decision on the basis of some other factor.

29 C.F.R. § 1625.2(a) (1991). Moreover, there is some arguable support for this position in the statute itself. Phrases like “because of such individual’s age,” “on the basis of such individual’s age,” or “because of his age” lend themselves to an interpretation that prohibits use of age as a factor, period. See 29 U.S.C. §§ 623(a)(1), (a)(2), (b), (c)(1) & (c)(2). Finally, Hamilton points to a phrase in the Act’s statement of purpose: “to prohibit arbitrary age discrimination in employment.” 29 U.S.C. § 621(b).

We have located only two references to regulation 1625.2, cited supra, in the ease law. In each case, the regulation is cited for the proposition that an older plaintiff may maintain a cause of action under the ADEA even if his replacement is over 40. La Montague v. American Convenience Products, Inc., 750 F.2d 1405, 1411 n. 4 (7th Cir.1984); Miller v. Lyng, 660 F.Supp. 1375, 1377-78 n. 2 (D.D.C.1987). We have no quarrel with this limited interpretation of regulation 1625.2. But to the extent that regulation 1625.2 can be read to authorize reverse age discrimination suits, we think that it exceeds the scope of the statute.

The findings that precede the congressional statement of purpose in section 621 refer specifically to the problems faced by “older workers” and “older persons.” 29 U.S.C. §§ 621(a)(1), (a)(2) & (a)(3). In context, we believe that the phrase “arbitrary age discrimination” refers to Congress’s understanding that discriminating against older people on the basis of their age is arbitrary. See Dorsch v. L.B. Foster Co., 782 F.2d 1421, 1428-29 (7th Cir.1986) (discussing purposes of the ADEA). There is no evidence in the legislative history that Congress had any concern for the plight of workers arbitrarily denied opportunities and benefits because they are too young. Age discrimination is thus somewhat like handicap discrimination: Congress was concerned that older people were being cast aside on the basis of inaccurate stereotypes about their abilities. The young, like the non-handicapped, cannot argue that they are similarly victimized.

The prohibitions in section 623 may be somewhat overinclusive, but the language Congress used is also more economical than the more precise alternatives. Perhaps Congress should have written “because such individual is older” or “on the basis of such individual’s advancing age,” but we are unwilling to open the floodgates to attacks on every retirement plan because Congress chose more graceful language. Karlen, 837 F.2d at 318.

II.

The ADEA does not provide a remedy for reverse age discrimination. Accordingly, the judgment of the district court is Affirmed.