OCR enforces the Age Discrimination Act of 1975 (Age Act), which prohibits discrimination on the basis of age in HHS-funded programs and activities.
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 – enforced by the EEOC
- 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
OCR can only investigate health programs and activities that receive federal financial assistance from the HHS or are administered by HHS or any entity established under Title I of the Affordable Care Act or its amendments.
Age Discrimination 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