WHAT IS THE AGE DISCRIMINATION ACT?
The Age Discrimination Act (ADA) of 1975 is a national law that prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. The ADA applies to persons of all ages. It does not cover employment discrimination. (The Age Discrimination in Employment Act (ADEA) applies specifically to employment practices and programs, both in the public and private sectors, and applies only to persons over age 40. Complaints under the ADEA should be sent to the U.S. Equal Employment Opportunity Commission, Washington, D.C. 20506.)
The ADA and DHHS age regulation (which can be found at 45 CFR Part 91) do apply to each DHHS recipient. The ADA also contains certain exceptions that permit, under limited circumstances, use of age distinctions or factors other than age that may have a disproportionate effect on the basis of age. For example, the ADA does not apply to:
An age distinction contained in that part of a Federal, State or local statute or ordinance adopted by an elected, general purpose legislative body which:
- Provides any benefits or assistance to persons based on age; or
- Establishes criteria for participation in age-related terms; or
- Describes intended beneficiaries or target groups in age-related terms.