The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (DHHS) enforces federal laws that prohibit discrimination by health care and human service providers that receive funds from DHHS. One such law is the Age Discrimination Act of 1975.

What is the Age Discrimination Act?

The Age Discrimination Act of 1975 is a national law that prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance. The Age Discrimination Act applies to persons of all ages. It does not cover employment discrimination. (The Age Discrimination in Employment Act applies specifically to employment practices and programs, both in the public and private sectors, and applies only to persons over age 40.)

The Age Discrimination Act and DHHS age regulation (which can be found at 45 CFR Part 91) do apply to each DHHS recipient. The Age Discrimination Act 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 Age Discrimination Act 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:

How to File a Complaint with OCR

Complaints of age discrimination involving DHHS recipients and beneficiaries may be filed with OCR by an individual, a class, or by a third party, within 180 days from the date of the alleged discriminatory act. (OCR may extend the 180-day period if good cause is shown.)