Employment Discrimination-Age Discrimination in Employment (30.008)
Program
30.008 Employment Discrimination-Age Discrimination in Employment
Federal Agency
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Authorization
Age Discrimination in Employment Act of 1967, Public Law 90-202, as amended; Public Law 93-259, 88 Stat. 75; Public Law 95-256, 92 Stat. 189; Public Law 99-592, 100 Stat. 3342, Public Law 101-433, 104 Stat. 978; Reorganization Plan No. 1, 1978, 29 U.S.C. 621 et seq; Civil Rights Act of 1991, Public Law 102-166.
Program Number
30.008
Last Known Status
Active
Objectives
To prohibit arbitrary age discrimination in hiring and other employment practices, promote the employment of older workers based on ability rather than age, and help employers and employees find ways to meet problems arising from the impact of age on employment.
Types of Assistance
Advisory Services and Counseling; Investigation of Complaints.
Uses and Use Restrictions
Individuals 40 years old and older are protected from age discrimination by private employers who have 20 or more employees, by Federal, State and local governments, by employment agencies and by labor organizations. It is unlawful for employers, employment agencies, or labor organizations to use advertisements indicating any preference, limitation, specification, or discrimination based on age. Exceptions to the Act's provisions are provided where age is a bona fide occupational qualification, the differentiation is based on reasonable factors other than age or if an otherwise prohibited practice is in observance of the terms of a bona fide seniority system or employee benefit plan (except that no such seniority system or employee benefit plan shall excuse the failure to hire, or require or permit the involuntary retirement of any individual). Exemptions are provided for the mandatory retirement of bona fide executive and high policy making employees 65 years of age and older who are entitled to at least $44,000 a year from a retirement plan. Some maximum hiring ages and mandatory retirement are permitted for police and firefighters. The EEOC may establish such reasonable exemptions as it may find necessary and proper in the public interest.
Eligibility Requirements
Applicant Eligibility
Individuals age 40 and over who believe that they have been discriminated against because of age or who believe that such discrimination is occurring against others 40 and over.
Beneficiary Eligibility
Individuals age 40 and over.
Credentials/Documentation
None.
Application and Award Process
Preapplication Coordination
None. This program is excluded from coverage under E.O. 12372.
Application Procedure
A charge may be filed by any aggrieved individual or by any organization, i.e. labor union, association, legal representative, etc., either as an aggrieved entity or on behalf of an aggrieved individual. Charges may be filed either orally or in writing with the appropriate field office of the EEOC. (The names of persons making inquiries are held in confidence if requested.)
Award Procedure
A charge is sufficient when the Commission receives from the person making the charge a written statement sufficiently precise to identify the parties and to describe generally the action or practices complained of.
Deadlines
Individuals who wish to assert their rights under the Act must file a charge with the Commission or its designated agent within 180 days of the alleged discriminatory action (or in a case where the alleged discrimination occurs in a State which has its own age discrimination law, within 300 days of the alleged discriminatory action, or 30 days after receipt of notice of termination of State proceedings, whichever is earlier). A civil action may be commenced at any time 60 days after a charge has been filed with the EEOC. When EEOC completes its investigation without obtaining relief for persons covered by a charge, covered persons will be given written notice of their right to sue. A civil action may be brought within 90 days after the date of the receipt of such notice.
Range of Approval/Disapproval Time
Appeals
None.
Renewals
Not applicable.
Assistance Considerations
Formula and Matching Requirements
Not applicable.
Length and Time Phasing of Assistance
Not applicable.
Post Assistance Requirements
Reports
Not applicable.
Audits
Not applicable.
Records
Not applicable.
Program Accomplishments
In fiscal year 2002, received 16,906 charges and resolved 18,678 which monetarily benefited 2,674 persons in the sum of $55,701,748. In fiscal year 2002, EEOC filed 35 lawsuits on the merits raising ADEA issues either as a sole statute or concurrent with other statutes and resolved 26 merit suits by consent decree, settlement agreement or judgment, with a direct monetary benefit of $10,871,189. Projected data unavailable for fiscal years 2003 and 2004.
Financial Information
Account Identification
45-0100-0-1-751.
Obligations
(Salaries and expenses) FY 02 included in program 30.001; FY 03 est included in program 30.001; and FY 04 est included in program 30.001.
Range and Average of Financial Assistance
Not applicable.
Regulations, Guidelines and Literature
Publications are furnished free in limited quantities. The Age Discrimination in Employment Act of 1967; 29 CFR 1625 , ADEA Interpretative Regulations, 29 CFR 1626, ADEA Procedural Regulations; and 29 CFR 1627 Record keeping Regulations; Compliance Manual Section: "Threshold Issues"; Compliance Manual Section: "Retaliation"; Compliance Manual Section: "Compensatory Discrimination"; Compliance Manual Section: "Employee Benefits" as revised, August 20, 2001. Contact: Office of Communications and Legislative Affairs, (202) 663-4900 (Voice) or (202) 663-4494 (TTY), or Publications Distribution Center,1-800-669-3362 (Voice) and 1-800-800- 3302 (TTY). Web Site http://www.eeoc.gov, EEOC, 1801 L Street, NW., Washington, DC 20507.
Related Programs
16.101, Equal Employment Opportunity; 16.200, Community Relations Service; 17.301, Non-Discrimination and Affirmative Action by Federal Contractors and Federally Assisted Construction Contractors; 17.303, Wage and Hour Standards; 17.700, Women's Bureau; 29.001, Clearinghouse Services, Civil Rights Discrimination Complaints; 30.001, Employment Discrimination_Title VII of the Civil Rights Act of 1964; 30.002, Employment Discrimination_State and Local Fair Employment Practices Agency Contracts; 30.010, Employment Discrimination_Equal Pay Act; 30.011, Employment Discrimination_Title I of The Americans with Disabilities Act; 93.001, Civil Rights Compliance Activities.
Information Contacts
Regional or Local Office
Persons should contact the nearest office of EEOC listed in Appendix IV of the Catalog.
Headquarters Office
Office of Communications and Legislative Affairs, Communications Staff, Equal Employment Opportunity Commission 1801 L Street, NW., Washington, DC 20507. Telephone: 202-663-4900. (Voice) or 202-663-4494 (TTY).
Web Site Address
Examples of Funded Projects
Not applicable.
Criteria for Selecting Proposals
Not applicable.
