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Discrimination on the Basis of Age

Elder woman and a girlOCR enforces the Age Discrimination Act of 1975 (Age Act), which prohibits discrimination on the basis of age in programs and activities receiving Federal financial assistance from HHS.  Under the Age Act, recipients may not exclude, deny, or limit services to, or otherwise discriminate against, persons on the basis of age. The Age Act does not cover employment discrimination which is enforced by the EEOC. The Age Act also does not apply to certain age distinctions in Federal, State, or local statutes or ordinances.  In addition, a recipient may take an action that is otherwise prohibited if the action reasonably takes into account age as a factor that is necessary to the normal operation or achievement of a statutory objective of a program.

OCR ensures that people have equal access to and an opportunity to receive services from all HHS funded programs and services. Persons who believe they (or someone else) have been discriminated against -- because of race, color, national origin, age, or disability -- in health care or human services may file a complaint with OCR.

Regulations

  • 45 CFR Part 90 - Nondiscrimination on the basis of age in programs or activities receiving Federal financial assistance 
  • 45 CFR Part 91 - Nondiscrimination on the basis of age in programs or services receiving HHS financial assistance