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 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. Place Cursor Here for Definition
Investigation of Complaints. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
Individuals 40 years old and older are protected from age discrimination by
private 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.
Pre-application 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: Not
applicable.
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.
FINANCIAL INFORMATION:
Account Identification: 45-0100-0-1-751.
Obligations: (Salaries and Expenses) FY 01
included in program 30.001; FY 02 est included in program 30.001; and FY 03
est included in program 30.001.
Range and Average of Financial Assistance: Not
applicable.
In fiscal year 2001, received 14,272 charges and resolved 15,155 which
monetarily benefited 1,489 persons in the sum of $53,729,585. In fiscal year
2001, EEOC filed 31 lawsuits raising ADEA issues and resolved 34 suits by
consent decree, settlement agreement or judgment, with a direct monetary
benefit of approximately $2,911,000. Projected data unavailable for fiscal
years 2002 and 2003.
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: "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.
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).
