Section 201 of the Congressional Accountability Act (CAA), which applies the Age Discrimination in Employment Act of 1967 (ADEA) to Congress, provides that all personnel actions affecting covered employees 40 years old or older shall be free from discrimination based on age. The CAA only protects individuals who are at least 40 years old against discrimination. Individuals younger than 40 are not protected.
The law generally forbids the use of age as a motivating factor in personnel actions, such as hiring, discharge, promotion, pay, or benefits. A covered employee over 40 may also assert that he or she is harassed because of age if certain conduct creates a hostile work environment or interferes with an individual’s work performance.