age discrimination

Age discrimination: A brief guide

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 employee discrimination complaints include age-based allegations, making age the second most common basis in formal EEO complaints.

What is age discrimination?

Age discrimination can take many forms, including the following:

  • Marine V., et al. v. Social Security Administration:  The Social Security Administration  used a written examination to screen out internal candidates and recruit external hires. The Equal Employment Opportunity Commission (EEOC) found that the exam helped the agency weed out older applicants. Consequently, the EEOC ordered the agency to give the aggrieved employees their jobs.
  • 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 comments raised an inference of discrimination. For example, the supervisor said, “younger people are coming in and out and they are better with computers.” The EEOC awarded the complainant compensatory damages and attorney’s fees.
  • Kruecke v. Department of Veterans Affairs:  The Department of Veterans Affairs fired a 67 year-old nurse for bad performance. However, the agency did not fire a younger employee who had performance issues. The administrative judge (AJ) found that the firing was age discrimination. The EEOC affirmed the AJ’s findings and ordered the agency to pay back pay and train its responsible officials.

How do I file an age discrimination complaint?

Employees may file complaints through the administrative process (Equal Employment Opportunity Commission or state and local human rights offices); however, 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.