Age Discrimination Act Fact Sheet (Attachment F)

Age Discrimination Act Fact Sheet
(Attachment F)

The Office for Civil Rights (OCR) enforces the Age Discrimination Act of 1975 in Federally funded health and social services programs. This law provides that:

No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Although the Age Discrimination Act is an amendment to the Older Americans Act of 1965, which generally protects persons over age 55, it does not have the same age limitation -- the Age Discrimination Act is designed to protect persons of all ages from discrimination based upon age.

How the Age Discrimination Act is Enforced

The Office for Civil Rights (OCR) of the Department of Health and Human Services (HHS) has the responsibility for the Age Discrimination Act as it applies to Federally funded health and human services programs. The general regulation implementing the Age Discrimination Act requires that age discrimination complaints be referred to a mediation agency to attempt a voluntary settlement within sixty (60) days. If mediation is not successful, the complaint is returned to the responsible Federal agency, in this case the Office for Civil Rights, for action. OCR next attempts to resolve the complaint through informal procedures. If these fail, a formal investigation is conducted. When a violation is found and OCR cannot negotiate voluntary compliance, enforcement action is taken against the recipient institution or agency which violated the law.

Exceptions

The Age Discrimination Act permits certain exceptions to the broad provision against discrimination based on age. These exceptions recognize that some specific age distinctions in programs are reasonable. Of particular importance is the statutory provision that exempts age distinctions in programs "established under any law" that provides services or benefits on the basis of age or in age-related terms.

The other exemptions and exceptions to the statute and regulations are:

Using factors other than age which have a direct and substantial relationship to the program;
Employment practices, other than those under CETA public service employment;
Programs which offer special benefits to children or elderly persons;
Programs which are necessary to the operation of the program or the achievement of a statutory objective and meet a specific four-part test.

OCR Mail
Date revised: July 23, 2000