Skip to main content
Compliance

Age Discrimination Act of 1975

I. PURPOSE

The purpose of the Age Discrimination Act of 1975 is to prohibit discrimination on the basis of age in any programs or activities receiving federal financial assistance. The Act was created with particular goals to protect the rights of older American citizens.

II. HISTORY

Congress enacted the Age Discrimination Act in November 1975 as an amendment to the Older Americans Act. Although earlier laws passed during the 1960s sought to protect disadvantaged older citizens in the workplace, the Age Discrimination Act extended protections to federally funded programs or activities. Following passage of the Act, and as required, the U.S. Department of Health, Education, and Welfare (predecessor agency to the current Department of Education and the Department of Health and Human Services) issued general regulations in 1979. Since then, many different federal agencies—including the Department of Labor, National Science Foundation, and Nuclear Regulatory Commission—have published their own agency-specific rules for implementing the law. This memo will primarily focus on the standards issued by the U.S. Department of Education (ED).

III. APPLICABILITY TO BYU–HAWAII

The Age Discrimination Act applies to “any program or activity receiving Federal financial assistance.” Under the law, the term “program or activity” refers to “all the operations of . . . a college, university, or other postsecondary institution[.]” Federal financial assistance may include grants, entitlements, loans, cooperative agreements, contracts, or any other arrangement that otherwise provides assistance. Notably, the Age Discrimination Act does not cover employment discrimination, which is governed by the Age Discrimination in Employment Act. Additionally, the Act does not apply to any program or activity that lawfully provides benefits or assistance to persons based on a defined age bracket, establishes criteria for participation in age-related terms, or describes intended beneficiaries in such terms (such as the elderly or children).

BYU–Hawaii is subject to the Age Discrimination Act because it is a postsecondary institution, and—although a private university—it does receive federal financial assistance in the form of student financial aid. Thus, the university must comply with the Act with respect to its students and in non-employment contexts. To the extent BYU–Hawaii receives federal money from specific federal agencies, it is also subject to the Age Discrimination Act regulations published by each respective funding agency.

IV. REQUIREMENTS

To comply with the Age Discrimination Act, a university must not exclude persons from participation, deny benefits, or exhibit or allow discrimination based on age, whether directly or through contract. These requirements also apply to any subrecipients of federal benefits. Recipients of federal aid must ensure compliance with the Act and take any necessary steps to eliminate any violations of the Act.

A. Exceptions

Some actions that discriminate based on age (or have the effect of discriminating based on age)—and would otherwise violate the Age Discrimination Act—are allowed in the following situations:

  1. The action reasonably takes into account age as factor necessary to the normal operation or achievement of a statutory objective of a program or activity. This means age is used to approximate other characteristics that must be measured but cannot be measured directly and can be approximated by using age.
  2. The action is based on reasonable factors other than age. In such cases, an action may be based on a non-age-related factor only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or the achievement of a statutory objective.

Additionally, affirmative action to overcome the results of age discrimination is permitted, even in the absence of finding discrimination.

B. Specifications

Under the Age Discrimination Act, recipients of federal financial benefits must adhere to all of the following requirements.

  1. Record Keeping and Information Access: Recipients must maintain records, provide information, and allow the U.S. Department of Education (ED) access to records in order for ED to determine whether the recipient is in compliance with the Act and related regulations. Likewise, recipients must permit reasonable access to books, records, accounts, reports, facilities, and other information to the extent ED determines necessary.
  2. Designated Coordinator: Recipients must designate at least one employee as responsible for coordinating the recipient’s efforts to comply with and carry out its responsibilities under the Act and these regulations, including
    investigation of any complaints about possible violations.
  3. Notice: Recipients must provide all beneficiaries of the federal assistance with access to current information regarding the provisions of the Act and related regulations, including the name or title, address, and telephone number of the responsible employee. Recipients must also notify any subrecipients of their obligations under the Act and related regulations.
  4. Grievance Procedures: Recipients must adopt and publish grievance procedures for processing and resolving complaints regarding any actions that would be prohibited by the Age Discrimination Act in a prompt and equitable manner. Recipients must also refrain from any form of intimidation or retaliation against a person who attempts to submit a complaint or assert a right protected by the Act or related regulations.
  5. Assurance: Recipients must sign a written assurance, on a form specified by the ED, that the program or activity will operate in compliance with the Age Discrimination Act.

C. Self-Evaluation

Recipients employing fifteen or more full-time employees may be required to complete a written self-evaluation of its compliance with the Act and related regulations.

V. PENALTIES

Failure to comply with this Act may result in the termination of a federal grant or refusal to continue providing financial assistance.35 Termination of a federal grant will be limited to the particular program or activity or part of the particular program or activity which is in violation of the Act. ED may also enforce the Act and related regulations by referral to the Department of Justice or to any federal, state, or local government agency.

VI. COMPLIANCE CALENDAR

BYU–Hawaii is required to sign ED’s Program Participation Agreement every six years to certify its compliance with the Age Discrimination Act and necessary provisions of the Higher Education Act. This agreement makes BYU–Hawaii’s participation in any Title IV program conditional upon compliance with this agreement and other regulations, including the provisions of the Age Discrimination Act.