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What Happens When an Age Discrimination Charge is Filed?

The ADEA allows employees or job applicants who believe they have experienced age discrimination to file a charge against an employer, employment agency, union, or government agency. Charges are filed with the Equal Employment Opportunity Commission (EEOC), the federal government agency responsible for investigating and adjudicating the charge. The EEOC determines if the charges are valid and if so, seeking a resolution by mediation or court action. Employees must file charges within 180 days of the alleged discriminatory action or when they first became aware of it, whichever occurred first. If the employee’s state has laws of its own on age discrimination and an agency to enforce it, the employee may have up to 300 days to file with the EEOC.

When an employee files a charge of age discrimination, the EEOC notifies the employer. The EEOC has several different options for proceedings, including dismissal or investigation depending on whether the case has merit. If the agency believes that the evidence of discrimination is strong, it may undertake a “priority investigation” that may include requesting documents, testimony, and interviews from the employer and employee(s).

Mediation, Conciliation, and Settlements

At any time, the parties may agree to resolve the charges through mediation, conciliation, or a settlement. The EEOC may suggest that the case go to mediation, an informal process in which a neutral party assists with negotiating a voluntary resolution of the charge. Under this scenario, the mediator can neither resolve the charge nor require implementation of the decisions.

The EEOC can attempt to resolve the case through conciliation, where the employer is persuaded to voluntarily eliminate and remedy the discrimination. This alternative may mitigate the ambiguity and costs associated with litigation. If mediation and conciliation do not work, EEOC can file a lawsuit against the employer. At any time the EEOC may also decide that further examination will not result in a finding of a violation of the law and terminate the investigation.

Jury Trials

At any time at least 60 days after the charge has been filed an employee may file a lawsuit and have access to a jury trial. Litigation can be time consuming and an expensive process for both parties. If the lawsuit is decided in favor of the employee, the court has the right to require the employer to provide back pay, wages, and benefits the court deems that the employee lost as a result of discrimination; reinstatement to a job; and/or front pay, which is future wages and benefits the employee would have received had the discrimination not occurred. An employer who loses a case may also have to pay the employee’s attorney’s fees.

Avoid Age Discrimination

One way to help prevent age discrimination is for employers to have an explicit, overarching policy stating that discrimination will not be tolerated. Employers should communicate that policy to managers, supervisors, human resources personnel, and any other staff who are involved in making decisions about employees’ work conditions or benefits or company policies on these issues.

AARP Resources

Age Discrimination: What Employers Need to Know
This AARP publication covers age discrimination laws, evolving issues, trends, and age equity in the workplace. The publication is available in downloadable (PDF) format or in hard copy.

Resources

Equal Employment Opportunity Commission
Read the text and regulations of the Age Discrimination in Employment Act and find information on litigation, enforcement procedures, and statistics on age discrimination cases and resolutions.

State Agencies and Age Discrimination
There are more than 100 state and local Fair Employment Practices Agencies (FEPAs). The EEOC and the FEPAs it works with divide up their common workload of charges in order to avoid duplication of charge processing.