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People talking down to you because of your age.

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The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age.

Under the ADEA it is unlawful to discriminate against any individual age 40 or older because of their age with respect to any term, condition, or privilege of employment, including but not limited to, recruitment, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA permits federal agencies to favor older workers based on age, even when doing so adversely affects a younger worker who is 40 years of age or older.

Important ADEA principles include:

Employment Notices and Advertisements: It is generally unlawful for employment notices or advertisements to include age preferences, limitations, or specifications.

Terms that suggest agencies are seeking applicants who are "age 25 to 35" or "recent college graduates," for example, violate the ADEA (unless a statutory exemption, e.g. "BFOQ" applies).

However, notices or advertisements may express a preference for older individuals with terms that seek "over age 50" or "retirees."

Bona Fide Occupational Qualifications ("BFOQ"): Under the ADEA, it is unlawful for an agency to discriminate on the basis of age unless the agency can establish that the age limitation is a bona fide occupational qualification necessary to the performance of the duties of the position.

Retirement: An agency does not violate the ADEA if it takes an employment action based on an employee's retirement status or eligibility, so long as the retirement status or eligibility is a factor other than age upon which the employment action is based. For instance, an agency does not violate the statute if it takes an employment action based on an employee's eligibility for a particular retirement plan.

Harassment: The ADEA prohibits an agency from harassing a person because the individual is age 40 or older. Harassment can include, for example, offensive remarks about a person's age. Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an agency employee, such as a contractor. Comments or other actions that do not rise to the level of a violation of the law may still violate the Department's Harassing Conduct Policy and procedures.

Retaliation: The ADEA prohibits retaliation against an individual for opposing an employment practice that is discriminatory under the ADEA or participating in an employment discrimination proceeding, including filing a charge of employment discrimination, cooperating with an internal investigation of alleged discriminatory practices, or serving as a witness in an EEO investigation or litigation.

For More Information
Any questions regarding the ADEA's coverage or its application to any specific fact situation should be addressed to the Department of Labor's Civil Rights Center (CRC). If at any time you think that you have been subjected to age discrimination, contact the Civil Rights Center at 202-693-6500 (voice), 7-1-1 (relay), Room N-4123 (Frances Perkins Building), or by e-mail at Civil RightsCenter@dol.gov within 45 days of the alleged discriminatory event in order to preserve your right to file an EEO complaint.

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What do I need to know about ... Age Discrimination

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The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. Under the ADEA it is unlawful to discriminate against any individual age 40 or older because of their age with respect to any term, condition, or privilege of employment, including but not limited to, recruitment, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

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Older people minimizing the words and feelings of younger people due to being “too young”

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You struggle to remember major appointments or where you left your wallet every day. This worries you, but others shrug it off as "senior moments."

At your doctor's office, you wonder why your vision is blurred or if your heart medication causes fatigue, which was never explained to you. The doctor blames all your symptoms on getting older. They speak slowly, as if they were talking to a child.

It might seem like it's all in your head, but ageism is a very real, overlooked barrier to good health. About 20% of people over 50 face age-based discrimination in healthcare, according to U.S. National Health and Retirement data. It can contribute to cognitive decline, more hospital stays, disability, worse health and quality of life, and depression. Over the long term, these attitudes shorten lives.

"Ageism is probably the most under-recognized unconscious bias," said Sonja Rosen, MD, chief of Geriatrics at Cedars-Sinai.

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Can your age affect how you're treated at the doctor's office? Studies say yes, from preventative care to hospitalizations. A new model aims to confront ageism.

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Comments such a as “kids these days” or “your generation is too sensitive”

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Dismissing the opinions and beliefs of a younger person by saying things like “you’re young now you don’t know anything”

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Age discrimination offensive acts in the workplace that is based on a person's age usually 40 or older.

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Job descriptions often use phrases like "digital native" and "tech savvy" that can make it seem like older workers need not apply, per an Indeed analysis. And job applications often ask for a birth date or graduation year, sparking fears among older applicants that they'll be screened out.

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What is age discrimination?

Federal law prohibits discrimination based on age in programs and activities that receive federal funding. This applies to HRSA funded healthcare programs, which may not exclude, limit, or deny services to an individual based on their age. This document only covers age discrimination in the context of HRSA funded healthcare programs, not employment.

What are examples of age discrimination in healthcare?

Example

A medical school does not accept applicants that are over 35 years old, even if they are qualified. The school claims that it has an objective to teach medical students who will practice for as long as possible.

Why is this discrimination?
The purpose of medical schools is to train and educate medical professionals, not to ensure they practice for as long as possible. Because this program isexcluding applicants solely based on age, this practice is discriminatory.

Example

A hospital has a separate geriatrics wing. Patients in this wing receive less supervision and recreational opportunities than patients in other wings of the hospital.

Why is this discrimination?
Because the separation is solely based on age and results in thelimitation of services (i.e., supervision and recreational opportunities), this practice is discriminatory.

Example

An 82-year-old patient is determined ineligible to receive an organ transplant based on her life expectancy.

Why is this discrimination?
While both a patient's life expectancy and current state of health may be correlated to age, age alone should not be used to restrict access to organ transplantation.

When can people be treated differently based on their age?

Example

A program may target recruiting youths into their program around STD prevention if there was previously a low involvement from this age group.

Why is this permitted?
If a healthcare program or activity is addressing limited participation from a certain age group, the program may target that age group to increase equal access to services.

Example

A hospital treats children under 16 in a separate unit from the adults. This is allowed because the program is targeting children to provide special pediatric benefits, such as areas for play, which are comparable to recreational opportunities provided to the older adults.

Why is this permitted?
If a healthcare program or activity provides comparable special benefits for older adults and children, the program may target their services to these populations.

A program can also align with age specifications that are contained within an HHS statute or regulation.

In addition to the above exceptions, a program can use age as a factor for participation in their programs or services if the following 4 criteria are all met.

Example

An early childhood education center promotes educational, social, and nutritional development of enrolled children. The center limits participation in their program to children who are at least 3 years old.

4 Criteria

Explanation

1. Age is being used as a measure for another characteristic.

The minimum age restriction is used to measure the development of the child to ensure that child is able to benefit from the center's services.

2. The characteristic being measured by age must be essential for the program to meet its goal.

A child's readiness for a preschool development program is essential for the program to meet its goal of promoting the development of children. Allowing children under 3 years old would require the program to significantly change its objectives and activities to incorporate infant care.

3. The characteristic can be measured using age.

Three years old is a reasonable estimate for when children can perform basic activities, such as feeding themselves, listening to directions, and controlling bodily functions, which allows this center to meet its objective in advancing child development.

4. It is impractical to measure this characteristic without using age.

It is impractical to directly measure every individual child's level of physical, mental, and emotional development without using age.

Resources

Contact

For questions related to civil rights and discrimination based on age, please contact the Health Resources & Services Administration (HRSA), Office of Civil Rights, Diversity, and Inclusion (OCRDI).

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What is age discrimination? Federal law prohibits discrimination based on age in programs and activities that receive federal funding. This applies to HRSA funded healthcare programs, which may not exclude, limit, or deny services to an individual based on their age. This document only covers age discrimination in the context of HRSA funded healthcare programs, not employment.

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You struggle to remember major appointments or where you left your wallet every day. This worries you, but others shrug it off as "senior moments."

At your doctor's office, you wonder why your vision is blurred or if your heart medication causes fatigue, which was never explained to you. The doctor blames all your symptoms on getting older. They speak slowly, as if they were talking to a child.

It might seem like it's all in your head, but ageism is a very real, overlooked barrier to good health. About 20% of people over 50 face age-based discrimination in healthcare, according to U.S. National Health and Retirement data. It can contribute to cognitive decline, more hospital stays, disability, worse health and quality of life, and depression. Over the long term, these attitudes shorten lives.

"Ageism is probably the most under-recognized unconscious bias," said Sonja Rosen, MD, chief of Geriatrics at Cedars-Sinai.

# data[].attributes.attachment_link.description
Can your age affect how you're treated at the doctor's office? Studies say yes, from preventative care to hospitalizations. A new model aims to confront ageism.

# data[].attributes.attachment_link.readable_text
What is age discrimination?

Federal law prohibits discrimination based on age in programs and activities that receive federal funding. This applies to HRSA funded healthcare programs, which may not exclude, limit, or deny services to an individual based on their age. This document only covers age discrimination in the context of HRSA funded healthcare programs, not employment.

What are examples of age discrimination in healthcare?

Example

A medical school does not accept applicants that are over 35 years old, even if they are qualified. The school claims that it has an objective to teach medical students who will practice for as long as possible.

Why is this discrimination?
The purpose of medical schools is to train and educate medical professionals, not to ensure they practice for as long as possible. Because this program isexcluding applicants solely based on age, this practice is discriminatory.

Example

A hospital has a separate geriatrics wing. Patients in this wing receive less supervision and recreational opportunities than patients in other wings of the hospital.

Why is this discrimination?
Because the separation is solely based on age and results in thelimitation of services (i.e., supervision and recreational opportunities), this practice is discriminatory.

Example

An 82-year-old patient is determined ineligible to receive an organ transplant based on her life expectancy.

Why is this discrimination?
While both a patient's life expectancy and current state of health may be correlated to age, age alone should not be used to restrict access to organ transplantation.

When can people be treated differently based on their age?

Example

A program may target recruiting youths into their program around STD prevention if there was previously a low involvement from this age group.

Why is this permitted?
If a healthcare program or activity is addressing limited participation from a certain age group, the program may target that age group to increase equal access to services.

Example

A hospital treats children under 16 in a separate unit from the adults. This is allowed because the program is targeting children to provide special pediatric benefits, such as areas for play, which are comparable to recreational opportunities provided to the older adults.

Why is this permitted?
If a healthcare program or activity provides comparable special benefits for older adults and children, the program may target their services to these populations.

A program can also align with age specifications that are contained within an HHS statute or regulation.

In addition to the above exceptions, a program can use age as a factor for participation in their programs or services if the following 4 criteria are all met.

Example

An early childhood education center promotes educational, social, and nutritional development of enrolled children. The center limits participation in their program to children who are at least 3 years old.

4 Criteria

Explanation

1. Age is being used as a measure for another characteristic.

The minimum age restriction is used to measure the development of the child to ensure that child is able to benefit from the center's services.

2. The characteristic being measured by age must be essential for the program to meet its goal.

A child's readiness for a preschool development program is essential for the program to meet its goal of promoting the development of children. Allowing children under 3 years old would require the program to significantly change its objectives and activities to incorporate infant care.

3. The characteristic can be measured using age.

Three years old is a reasonable estimate for when children can perform basic activities, such as feeding themselves, listening to directions, and controlling bodily functions, which allows this center to meet its objective in advancing child development.

4. It is impractical to measure this characteristic without using age.

It is impractical to directly measure every individual child's level of physical, mental, and emotional development without using age.

Resources

Contact

For questions related to civil rights and discrimination based on age, please contact the Health Resources & Services Administration (HRSA), Office of Civil Rights, Diversity, and Inclusion (OCRDI).

# data[].attributes.attachment_link.description
What is age discrimination? Federal law prohibits discrimination based on age in programs and activities that receive federal funding. This applies to HRSA funded healthcare programs, which may not exclude, limit, or deny services to an individual based on their age. This document only covers age discrimination in the context of HRSA funded healthcare programs, not employment.

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Ageism in healthcare is an all-too-common problem, one that UCI Health geriatric medicine specialists have fought for decades. Dr. Katayoun Khalighi sees patients every day at the SeniorHealth Center who describe feeling devalued, disrespected or dismissed when talking with other doctors and healthc…