age discrimination

A Brief Guide to Age Discrimination

The Age Discrimination in Employment Act, commonly referred to as the ADEA, prohibits employers from discriminating against employees who are 40 years of age or older. Complaints of age discrimination are extremely prevalent in the federal government. One third of federal sector complaints of discrimination raise age-based allegations, making age discrimination the second most alleged basis in formal EEO complaints.

Age discrimination can take many forms, including the following:

  • Marine V., et al. v. Social Security Administration: The EEOC found that the agency’s use of a pre-employment written examination as a way to screen out internal candidates and recruit external hires was pretext for age discrimination. The EEOC ordered the agency to retroactively place the aggrieved employees in the positions for which they had applied but were not hired.
  • Cook v. Department of Labor: A 59-year-old human resources employee was subjected to age discrimination when her supervisor asked about her retirement plan, removed her supervisory duties, and made age-based comments. The supervisor’s age-based comments, including his statement that “younger people are coming in and out and they are better with computers,” created an inference of discrimination. The EEOC awarded the complainant compensatory damages and attorney’s fees.
  • Kruecke v. Department of Veterans Affairs: An Administrative Judge found that the agency’s discharge of a 67 year-old nurse for alleged deficient performance was pretext for age discrimination because the agency was willing to tolerate substandard performance from a younger nurse. The EEOC affirmed the AJ’s findings and ordered the agency to pay back pay and train its responsible officials.

Though victims of age discrimination may elect to pursue their complaints through the administrative process (the Equal Employment Opportunity Commission or other state and local human rights offices), this is not necessary. Employees who feel they have been a target of age discrimination may file a complaint directly in federal District Court.

Contact Alan Lescht and Associates today if you feel that your employer made employment decisions based on your age. We offer strategic and results-driven legal services to federal government employees around the world. Call 202-463-6036 to schedule a consultation.