Age Act Discrimination and Complaints
The Age Discrimination Act of 1975 prohibits discrimination based on age in programs or activities that receive federal financial assistance. The U.S. Department of Education gives financial assistance to schools and colleges.
The Age Discrimination regulation describes conduct that violates the Act. The Age Discrimination regulation is found in the Code of Federal Regulations at 34 CFR Part 110.
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
- Certain age distinctions in federal, state, or local statutes and ordinances
- An action that reasonably takes age into account as a factor that is necessary to the normal operation or achievement of a statutory objective of a program
The Age Discrimination Act of 1975 prohibits retaliation for filing a complaint with OCR or for advocating for a right protected by the Act.
COMPLAINT PROCEDURE
- REPORT. The College requires the complainant to submit an oral or written complaint to one of the College’s Age Act Coordinators above, which (a) Identifies the parties involved; (b) gives the date of the alleged violation or when the complainant first knew of the alleged violation; and (c) generally describe what happened; and (d) be signed by the complainant if in writing or confirmed by the complainant if submitted orally. If an oral complaint is made, an Age Act Coordinator will summarize the reported information into a document to be confirmed by the complainant.
- INVESTIGATE. An investigation will be timely conducted by the College and a report will be provided to the complainant within 45 days of the confirmed complaint or written complaint by the Age Act Coordinator, President, or President’s designee.
If your complaint is not resolved following the investigation or within 45 days, you may file a complaint with the OCR (address above), or file a civil action within 180 days from the date the complaint was filed with the Office of Civil Rights if that agency has taken no action, or upon the date the Office of Civil Rights makes a determination in favor of the recipient, whichever comes first.
WHERE/WHO TO REPORT AGE DISCRIMINATION
If you feel that you have been discriminated based on age in programs or activities that receive federal financial assistance at the College, please contact one of the College’s Age Act Coordinators below.
You may either/also file a complaint with the Office of Civil Rights (OCR) at: Assistant Secretary, U.S. Department of Education, Office for Civil Rights, Lyndon Baines Johnson Department of Education Building, 400 Maryland Avenue, SW, Washington, DC 20202-1100.
Jessica Solomon
Director of Human Resources
Email: jsolomon@escc.edu
Phone: (334) 347-2623 ext. 2222