Employment Discrimination-Age Discrimination In Employment
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
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.
To prohibit age discrimination in hiring, advancement in employment, terms and conditions, 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 of age and older are protected from age discrimination by private employers who have 20 or more employees, by Federal 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. Charges of discriminatory employment practices by or on behalf of an individual or group of individuals claiming to be aggrieved are received. Mediation of the dispute may be offered. If mediation is not used or is not successful, investigations ensue and if reasonable cause is found, the charge is conciliated. If conciliation proves to be unsucessful the Commission may bring a civil action against respondent(s) named in the charge.
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.
Individuals age 40 and over.
Application and Award Process
None. This program is excluded from coverage under E.O. 12372.
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. (The names of persons making inquiries are held in confidence if requested.)
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.
Individuals who wish to assert their rights under the Age 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
Formula and Matching Requirements
Length and Time Phasing of Assistance
Post Assistance Requirements
(Salaries and expenses) Not seperately identifiable.
Range and Average of Financial Assistance
In fiscal year 2005, received 13,776 charges and resolved 14,076 which monetarily benefited 2,218 persons in the sum of $77,680,803. In fiscal year 2005 EEOC filed 43 lawsuits on the merits raising ADEA issues either as a sole statute or concurrent with other statutes and resolved 38 merit suits with a direct monetary benefit of $2,020,065. Projected data unavailable for fiscal years 2006.
Regulations, Guidelines and Literature
Publications are furnished free in limited quantities. The Age Discrimination in Employment Act of 1967; 29 CFR Part 1625, ADEA Interpretative Regulations, 29 CFR Part 1626, ADEA Procedural Regulations; and 29 CFR Part 1627 Record keeping Regulations; Enforcement Guidance on O'Connor v. Consolidated Coin Caterers Corp.; Compliance Manual Section: "Threshold Issues;" Compliance Manual Section: "Retaliation;" Compliance Manual Section: "Compensation Discrimination;" Compliance Manual Section: "Employee Benefits" as revised, August 20, 2001. Fact Sheet: Age Discrimination. Contact: 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.
Regional or Local Office
Persons should contact the nearest office of EEOC listed in Appendix IV of the Catalog.
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
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
Examples of Funded Projects
Criteria for Selecting Proposals