Employment Discrimination-Age Discrimination in Employment (30.008)

Program

30.008 Employment Discrimination-Age Discrimination in Employment

Federal Agency

Agency: Equal Employment Opportunity Commission

Authorization

Age Discrimination in Employment Act of 1967.

Program Number

30.008

Last Known Status

Active

Objectives

The Age Discrimination in Employment Act (ADEA) prohibits discrimination based on age (40 or older) with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA also prohibits retaliation against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

Types of Assistance

ADVISORY SERVICES AND COUNSELING; INVESTIGATION OF COMPLAINTS

Uses and Use Restrictions

Individuals 40 years of age or older are protected from age discrimination by employers with 20 or more employees, including the federal, state, and local governments, employment agencies and labor organizations. It is unlawful for covered employers to post advertisements indicating any preference, limitation, or specification based on age. Limited exceptions apply: in situations in which age is a bona fide occupational qualification reasonably necessary to the normal operation of the business; in situations in which 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 covered individual). Exemptions and exceptions also apply for highly compensated employees, public officials, firefighters and law enforcement officers. The EEOC Assessment System, available at https://apps.eeoc.gov/eas/, enables individuals to determine whether EEOC is the appropriate agency to contact regarding discrimination, harassment or retaliation.

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

An allegation of unlawful employment practice(s) may be made in person or by mail. An allegation must be in writing, signed, and notarized (only when necessary to meet state or local requirements) or supported by an unsworn declaration in writing under penalty of perjury. Charge forms (EEOC Form 5, Charge of Discrimination) are available to all persons from all field offices of the Commission. This program is excluded from coverage under OMB Circular No. A-87.

Application and Award Process

Preapplication Coordination

Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. 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 by mail or in person at the appropriate field office of the EEOC.

Award Procedure

A charge is sufficient when the Commission receives from the person making the charge a written statement that includes an allegation of discrimination, the name(s) of the parties involved, and a request that the EEOC act to protect the applicant or employee�s rights or otherwise settle a dispute between the applicant or employee and the employer.

Deadlines

Not Applicable.

Range of Approval/Disapproval Time

The ADEA requires that charges be filed within 180 days of the date of the alleged violation, within 300 days if the charge is also covered by a state anti-discrimination law, or within 30 days after the 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. If the evidence does not establish that discrimination occurred, charging parties will be given written notice of their right to sue. A charging party may file a lawsuit within 90 days after receiving a notice of a �right to sue� from EEOC, as stated above. Under ADDEA, a charging party also can request a notice of �right to sue� from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice.

Appeals

From 30 to 60 days.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

Statutory formulas are not applicable to this program.

Matching requirements are not applicable to this program.

MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Not applicable. See the following for information on how assistance is awarded/released: Not applicable.

Post Assistance Requirements

Reports

Audits

Not Applicable.

Records

Not applicable.

Program Accomplishments

Fiscal Year 2008: In fiscal year 2008, EEOC received 24,582 charges of age discrimination, resolved 21,415 age discrimination charges, and recovered $82.8 million in monetary benefits for 2,867 charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation). In fiscal year 2008, EEOC filed 38 lawsuits on the merits raising ADEA issues solely or concurrently with issues arising from other statutes and resolved 41 merits suits with monetary benefits of $30.3 million. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Financial Information

Account Identification

45-0100-0-1-751.

Obligations

(Salaries) FY 08 $0; FY 09 est $0; FY 10 est $0 - (Salaries and expenses) Not separately identifiable.

Range and Average of Financial Assistance

Not applicable.

Regulations, Guidelines and Literature

Publications are available for downloading on the EEOC web site (www.eeoc.gov). To request documents in alternative formats (Braille, large print, etc), contact EEOC�s Office of Communications and Legislative Affairs at (202) 663-4191 or (202) 663-4494 (TTY). Regulations: 29 C.F.R 1625, Age Discrimination in Employment Act; 29 C.F.R 1626, Procedures�Age Discrimination in Employment Act; 29 C.F.R 1627, Records to be made or kept relating to age: notices to be posted: administrative exemptions. Policy documents and fact sheets include: Compliance Manual Section 2: Threshold Issues; Compliance Manual Section 3: Employee Benefits; Compliance Manual Section 8: Retaliation; Compliance Manual Section 10: Compensation Discrimination; Fact Sheet: Age Discrimination.

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 and Privacy Rule Compliance Activities

Information Contacts

Regional or Local Office

See Regional Agency Offices. Persons should contact the nearest office of EEOC listed in Appendix IV of the Catalog.

Headquarters Office

Equal Employment Opportunity Commission 131 M Street, NE, Washington, District of Columbia 20507 Phone: 202-663-4900/202-663-4494 (TTY)

Web Site Address

http//www.eeoc.gov.

Examples of Funded Projects

Not Applicable.

Criteria for Selecting Proposals

Not Applicable.