AARP Hearing Center
Background
Age discrimination in employment has persisted, even as older workers have become a more significant part of the nation’s workforce. Older workers have more trouble finding work than their younger counterparts. The Equal Employment Opportunity Commission (EEOC) enforces federal employment discrimination laws. In 2019, it received more than 15,000 age discrimination complaints. Women, Black Americans, Asian Americans, and workers age 65 and older were especially affected.
However, enforcement is a significant issue due to a lack of resources at the EEOC. In addition, Supreme Court decisions have severely hampered the ability of workers to prove discrimination under the Age Discrimination in Employment Act (see also Strengthening Laws and Practices Against Age Discrimination).
Age discrimination is also unlawful in many other contexts. The Age Discrimination Act of 1975 prohibits age discrimination in programs or activities that receive federal assistance. The Equal Credit Opportunity Act and the Truth in Lending Act prohibit discrimination based on age when granting credit, including mortgages. In addition, the Fair Housing Act protects older adults with disabilities from discrimination in the sale or rental of housing. Another housing statute recognizes the physical and mental health benefits of pets to older adults. It prohibits unreasonable rules barring pets in housing that receives federal assistance.
AGE DISCRIMINATION: Policy
AGE DISCRIMINATION: Policy
Remedies
Policymakers should strengthen federal and state laws that protect against age discrimination. People who are subject to age discrimination should be guaranteed adequate remedies, including monetary and compensatory damages. They should also have a private right of action in federal and state courts (see also Private Enforcement of Legal Rights and Strengthening Laws and Practices Against Age Discrimination).