Frequently Asked Questions
Question: At what age is an employee protected from discrimination based on age?
Answer: The Age Discrimination in Employment Act, as made applicable by Section 201 of the CAA, prohibits discrimination against any individual aged 40 or older. Persons younger than 40 are not protected.
Question: How does an employee establish a claim of age discrimination?
Answer: By demonstrating that an adverse action taken by an employing office was actually motivated by age. For example, an employee may have direct evidence of discrimination, or discrimination may be inferred when: a) the employee is within the protected age group (aged 40 or older); b) the employee was doing satisfactory work; c) the employee was discharged despite the adequacy of his or her work; and d) the position was filled by a younger employee.
Question: How can an employing office show that it did not discriminate against the employee based on age?
Answer: Once an employee makes an initial showing of age discrimination, the employing office can rebut the charge by showing that there was a legitimate non-discriminatory reason for the employee's treatment. For example, the employing office may take unfavorable action against an employee in the protected group (aged 40 or older) where the action is based on an employee's inability to continue to perform the job or because of the employee's unsatisfactory job performance.
Question: May an employing office replace an employee aged 40 or older (for example aged 50) with an employee who is also in the protected age group (for example aged 43)?
Answer: It does not matter that the newly hired employee is also within the protected age group if the employing office in fact terminated the first employee based on that employee's age.
Question: What remedies does an employee aged 40 or older have if an employing office discriminated against that employee based on his or her age?
Answer: An employee may have a right to be hired, reinstated, or promoted. In addition, an employee may be entitled to unpaid wages or overtime compensation and liquidated damages.
