The Age Discrimination in Employment Act (ADEA) protects federal employees who are 40 years of age or older against age-based discrimination in the workplace. Like other federal anti-discrimination laws, the ADEA applies to all aspects of the employment relationship. This includes hiring, training, job assignments, promotions, compensation, benefits, and termination. The ADEA also prohibits age-based harassment by co-workers, supervisors, and other federal employees.
If you believe that your rights under the ADEA have been violated, in order to protect yourself, you must file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency that enforces the ADEA, and it has special requirements – including strict timelines – for federal employees seeking to enforce their legal rights.
Q: Is it illegal for the federal government to ask my age on an employment application?
No. It is not illegal for federal agencies to ask job candidates to disclose their age or date of birth, and in fact, there are legitimate reasons for the government to request this information. However, government agencies cannot make employment decisions (i.e. deny employment) based solely on a candidate’s age. If you believe you were denied a federal employment opportunity because of your age, you should discuss your case with an attorney.
Q: Are there any exceptions to federal employees’ protection under the ADEA?
Yes. There are a variety of exceptions under the ADEA, each of which is subject to its own specific limitations and requirements. As a general rule, federal employees are not protected under the ADEA for employment-related decisions based upon:
However, the ADEA is an extraordinarily complex statute, and each case has a unique set of circumstances, and so we strongly recommend that seek personalized legal advice if you feel your rights may have been violated.
Q: What remedies are available under the ADEA?
Specific remedies available to federal employees under the ADEA include but are not limited to: