Age Discrimination in Education

Discrimination comes in all forms, including age. In most cases, we see age discrimination against older adults. But that isn't always the case. Federal law prohibits age discrimination in all instances. The Age Discrimination Act of 1975 makes it unlawful to discriminate based on age in programs or activities that receive federal financial assistance.

The U.S. Department of Education provides financial assistance to schools and colleges, so most are subject to the Age Discrimination in Education Act regarding allegations of age discrimination. An institution must offer equal access to all applicants and potential students to maintain its funding.

The U.S. Department of Education's Office for Civil Rights (OCR) enforces the Age Discrimination regulation.

Here, we will discuss age discrimination in education and explain how to file a claim with the Office for Civil Rights (OCR). We also answer FAQs about this behavior and what to do if someone discriminates against you based on age.

Age Discrimination in General

The Civil Rights Act of 1964 prohibits discrimination in employment practices. The Age Discrimination in Employment Act, enacted in 1967, also protects workers over the age of 40. If a company discriminates against someone based on age, they may be liable for violating federal law. The Equal Employment Opportunity Commission (EEOC) is in charge of enforcing these laws.

The Civil Rights Act also protects citizens from other types of discrimination, including discrimination based on the following:

• Race
• Gender
• National origin
• Sexual orientation
• Religion
• Disability

Special laws also protect people with disabilities. For example, the Americans with Disabilities Act of 1990 prohibits discrimination based on disability. It also requires employers and other public and private entities to provide employees with reasonable accommodations as needed.

Age discrimination claims can be hard to prove. It also may be difficult for victims of age discrimination to identify specific statutes and laws supporting their claim. Enacted in 1967 with an effective date in 1968, the Age Discrimination in Employment Act ("ADEA") prevents age discrimination and provides equal employment opportunity. It covers the gaps in conditions that weren't explicitly covered in Title VII of the Civil Rights Act of 1964.

Claims Under the Age Discrimination Act of 1975

The federal government provides recourse for people who believe they are the victim of discrimination. This is true for all types of discrimination, such as that based on race or sexual orientation. Here, we focus on age discrimination.

Anyone who believes they have a claim under the Age Discrimination Act of 1975 should file a complaint with the U.S. Department of Education's Office for Civil Rights (OCR). This allows the OCR to investigate any allegations of discrimination properly.

If you want to file a private lawsuit against the offending party, you must do so in federal court. You must also exhaust the claims process before taking legal action.

You can only file a civil rights law violation case under the Age Discrimination Act only after:

• It has been 180 days since you filed your complaint with OCR, and it has made no decision; or
• OCR issues a finding in favor of the respondent

If the OCR finds in favor of the respondent, it will promptly notify you and remind you of your right to sue.

Frequently Asked Questions About Age Discrimination in Education

Victims of discrimination, in general, often have questions about their rights and how to protect them. It doesn't matter whether someone discriminates against you based on race or national origin—you have legal recourse.

Here, we'll do our best to answer common questions about this topic. If you feel someone in your educational program has discriminated against you based on age, you have options. You can contact a civil rights attorney to learn about these options in detail.

Does the Age Discrimination Act apply only to older people?

As briefly stated earlier, the Age Discrimination Act doesn't limit protection to a particular age group. For example, you may have a claim if you apply for a nursing program at your local state college and they deny admission because of your age. The same applies if a school receiving federal funds tells you you're too young to participate in an educational program.

Does the Act apply to age distinctions included in federal, state, and local laws?

Certain local, state, and federal laws dictate enrollment ages and practices. For example, your child must be “x" years of age to enroll in the local elementary school.

The Age Discrimination Act does not trump these rules. It does not apply to statutes and ordinances establishing age criteria for participation in specific programs.

Does the Act have any other exceptions?

There are various exceptions to the rule that permits schools to take age into account. For example, the Age Discrimination Act permits schools and colleges to offer special programs offering special benefits to children and older adults.

Generally, if the age distinction is necessary for the normal operation of the activity or program, it's acceptable under the Act.

Does the Act allow schools to set age limits for programs like driver's education?

Yes. The Act contains several exceptions that consider whether age is necessary to operate the program. For example, a district may limit participation in a driver's education course to students of a certain age if this age criterion is necessary for the program.

Talk to an Attorney About Your Age Discrimination Claim

Age discrimination impacts people of all age groups. When it occurs in education, it can severely impact and disrupt your goals. If you're the victim of age discrimination, talk to a civil rights attorney about filing a claim.

Most schools engage in voluntary compliance regarding non-discrimination. However, some educational institutions blatantly disregard the laws, and others have no idea that their processes result in harmful discrimination.

Visit Findlaw.com's attorney directory to find an attorney familiar with age discrimination.

Additional FindLaw Resources

• Age Discrimination
• Age Discrimination in Federally-Funded Health Programs