Employment Discrimination Age Discrimination in Employment

 

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, training and harassment. 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.

Deleted 03/27/2024 (Archived.) 30.008 Equal Employment Opportunity Commission K - Advisory Services and Counseling; N - Investigation of Complaints; O - Federal Employment Not applicable. Age Discrimination in Employment Act of 1967,(P.L. 90-202), as amended, 29 U.S.C. section 621 et seq Any aggrieved individuals age 40 and over, or any individual, organization, or agency filing on behalf of an aggrieved individual who has reason to believe that a covered employer has committed an unlawful employment practice within the meaning of the ADEA, as amended. Applicants, current employees, or former employees of the named respondent(s) who are age 40 or older and who have been subjected to unlawful employment practices based on age by the named respondent(s), and/or who have been subjected to retaliation for opposing age discrimination, filing a charge of discrimination, or participating in an ADEA investigation, proceeding, or litigation. An allegation of unlawful employment practice(s) may be made online, in person, by mail or by fax. A charge must be in writing, signed, and notarized when necessary to meet state or local requirements. Charge forms (EEOC Form 5, Charge of Discrimination) are available to all persons from all field offices of the Commission. Individuals may also consult EEOC's website at http://www.eeoc.gov/employees/howtofile.cfm for detailed information about filing a charge. Complaints against the federal government should be filed at the relevant agency's EEO office. Each agency is required to post information about how to contact the agency's EEO office. Federal government applicants or employees should consult EEOC's website at http://www.eeoc.gov/federal/fed_employees/complaint_overview.cfm for details about filing an employment discrimination complaint against a federal agency. Preapplication coordination is not applicable. 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. 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. The charges filing process may be initiated online, in person, by mail or by fax at the nearest field office of the EEOC. Complaints against the federal government should be filed at the relevant agency's EEO office. Each agency is required to post information about how to contact the agency's EEO office. A charge is sufficient when the Commission receives from the person making the charge a written signed 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. Contact the headquarters or regional location, as appropriate for application deadlines The ADEA requires charges to be filed within 180 days of the date of the alleged violation, within 300 days if the charge is also covered by a state or local anti-discrimination law and a state or local entity enforcing the 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. If the charging party files an ADEA lawsuit, EEOC usually stops its investigation. Federal employees must generally contact the agency's EEO Counselor within 45 days from the date the discrimination occurred. Not applicable. Not applicable. Not applicable. Individuals 40 years of age or older are protected from age discrimination by employers with 20 or more employees, all state and local governments, employment agencies, labor organizations and the federal government. 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 Pubic Portal, available at https://publicportal.eeoc.gov/portal/Login.aspx?ReturnUrl=%2fportal%2f, enables individuals to determine whether EEOC is the appropriate agency to contact regarding their specific claims of discrimination, harassment or retaliation. If a charge is filed, mediation may be offered to the parties involved. If mediation is not used or is not successful further investigation may ensue. The Commission will attempt to eliminate any alleged unlawful practice by informal methods of conciliation, conference and persuasion. If conciliation fails, the charging party will be notified that he or she can file a civil action within 90 days. If the Commission’s proceedings with regard to a charge are terminated, the Commission will notify the complainant who shall then have the right to bring a civil action within 90 days. A federal government applicant or employee who believe that his or her employment rights have been violated under this statute and wants to make a claim against a federal agency must file a complaint with that agency and follow the procedures set forth at 29 C.F.R. part 1614. Not applicable. Not applicable. Not applicable. Statutory formula is not applicable to this assistance listing.

Matching requirements are not applicable to this assistance listing.

MOE requirements are not applicable to this assistance listing. Not applicable Not applicable See map of field offices available at http://www.eeoc.gov/field/index.cfm. EEOC Offices are also listed in Appendix IV of the Catalog. Equal Employment Opportunity Commission
131 M Street, NE
Washington, DC 20507 US
info@eeoc.gov
Phone: 202-663-4191 http://www.eeoc.gov 45-0100-0-1-751 (Investigation of Complaints) FY 18$379,500,000.00; FY 19 est $379,500,000.00; FY 20 est $355,800,000.00; FY 17$364,500,000.00; - FY 2018 and FY 2019 amounts reflect the total EEOC enacted Appropriation for all programs. FY 2020 reflects the current President?s Budget request Not applicable 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. Not applicable.