The Age Discrimination in Employment Act (ADEA) protects federal employees who are 40 years of age or older against age-based discrimination in the workplace. Like other federal anti-discrimination laws, the ADEA applies to all aspects of the employment relationship. This includes hiring, training, job assignments, promotions, compensation, benefits, and termination. The ADEA also prohibits age-based harassment by co-workers, supervisors, and other federal employees.
If you believe that your rights under the ADEA have been violated, in order to protect yourself, you must file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency that enforces the ADEA, and it has special requirements – including strict timelines – for federal employees seeking to enforce their legal rights. At Melville Johnson, P.C., we have decades of experience representing federal employees before the EEOC. If you are entitled to compensation or other remedies, we can help make sure you receive the outcome you deserve.
Founded by George Melville Johnson, our firm is comprised of highly-experienced attorneys and legal professionals who are devoted to helping federal employees stand up to the government. Mr. Johnson has litigated and settled thousands of discrimination and other employment-related cases against federal agencies, and he has appealed cases all the way to the U.S. Supreme Court. When you need to seek protection under the ADEA, your choice of legal representation matters. Put the proven federal anti-discrimination lawyers at Melville Johnson, P.C. on your side.
“It is necessary to have competent, reputable legal representation and they did not disappoint. They exhibited the utmost ethical standards of any lawyer that I have dealt with. Their prompt action and skillful handling brought results. I found them to be trustworthy, knowledgeable, and very professional. I would recommend them highly and without reservations to my family, friends, or anyone else who needs a good lawyer. . . . Overall, I am very pleased with my experience with this firm.” –Verified Review by a Federal Employee
FAQs: Federal Employees and the Age Discrimination in Employment Act (ADEA)
Q: Does the ADEA prohibit discrimination among federal employees who are over 40 years old?
Yes. While the ADEA protects older workers from discrimination in favor of workers under the age of 40, it also applies to discrimination between workers who are 40 years of age or older. For example, if you are 55 and you believe that you unfairly lost out on a job opportunity to someone who is 45, you would still be protected under the ADEA.
Q: Is it illegal for the federal government to ask my age on an employment application?
No. It is not illegal for federal agencies to ask job candidates to disclose their age or date of birth, and in fact, there are legitimate reasons for the government to request this information. However, government agencies cannot make employment decisions (i.e. deny employment) based solely on a candidate’s age. If you believe you were denied a federal employment opportunity because of your age, you should discuss your case with an attorney.
Q: Are there any exceptions to federal employees’ protection under the ADEA?
Yes. There are a variety of exceptions under the ADEA, each of which is subject to its own specific limitations and requirements. As a general rule, federal employees are not protected under the ADEA for employment-related decisions based upon:
- Bona fide high policymaker requirements
- Bona fide occupational qualifications
- Bona fide seniority systems
- Reasonable factors other than age
However, at this point, you should not be making any assumptions about your legal rights. The ADEA is an extraordinarily complex statute, and you should not make any decisions about filing a charge with the EEOC until you have received personalized legal advice.
Q: What remedies are available under the ADEA?
The specific remedies available for ADEA violations depend upon the unique facts and circumstances involved in each particular case. However, broadly speaking, the types of remedies available to federal employees under the ADEA include:
- Back pay
- Employment or reinstatement (or front pay)
Why Choose Melville Johnson, P.C.?
Melville Johnson, P.C. is a national law firm that focuses exclusively on representing federal employees. For more than 24 years, we have been fighting for individuals whose lives have been negatively affected by unlawful government action. We understand what it means to lose your job, lose out on a promotion, or be denied employment unfairly, and we are deeply knowledgeable about the intricate rules and procedures governing EEOC claims and federal appeals.
If you would like to speak with an attorney about your rights under the ADEA, we encourage you to contact us for a confidential consultation. To schedule an appointment, please call (888) 594-0424 or send us a message online today.