AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA) COMPLAINT

EEOC Administrative Charge Template

IMPORTANT ADEA-SPECIFIC INFORMATION

Key Differences from Other Discrimination Claims

1. No Right to Sue Letter Required: Unlike Title VII and ADA claims, you may file an ADEA lawsuit in federal court 60 days after filing your EEOC charge, without waiting for a Right to Sue letter.

2. Protected Age Group: The ADEA protects employees and applicants who are 40 years of age or older.

3. "But-For" Causation Standard: ADEA claims require proof that age was the "but-for" cause of the adverse action (higher standard than "motivating factor" under Title VII).

4. No Compensatory or Punitive Damages: Unlike Title VII, the ADEA does not provide for compensatory or punitive damages. However, liquidated damages (double back pay) are available for willful violations.

5. Employer Coverage: The ADEA applies to employers with 20 or more employees.

SECTION 1: CHARGE INFORMATION

Charge Presented To:
☐ EEOC (Equal Employment Opportunity Commission)
☐ State/Local FEPA: _____________________________________________________

EEOC Office Location: _________________________________________________

Date of Filing: ________________________________________________________

SECTION 2: COMPLAINANT INFORMATION

Full Legal Name: _____________________________________________________

Street Address: _______________________________________________________

City: _________________________ State: _________ Zip Code: __________

Home Phone: _________________________ Cell Phone: ___________________

Email Address: ________________________________________________________

Date of Birth: _________________________________________________________

Current Age: __________________________________________________________

☐ I confirm that I am 40 years of age or older (required for ADEA protection)

SECTION 3: RESPONDENT/EMPLOYER INFORMATION

Company Legal Name: _________________________________________________

Street Address: _______________________________________________________

City: _________________________ State: _________ Zip Code: __________

Phone Number: _______________________________________________________

Number of Employees: _________________________________________________

☐ 20 or more employees (required for ADEA coverage)

Industry/Type of Business: ______________________________________________

SECTION 4: EMPLOYMENT INFORMATION

Job Title: ____________________________________________________________

Department: __________________________________________________________

Date of Hire: _________________________________________________________

Employment Status:
☐ Full-time ☐ Part-time ☐ Temporary ☐ Applicant (not hired)

Current Status:
☐ Currently Employed
☐ Terminated - Date: _____________________________________________________
☐ Resigned - Date: _______________________________________________________
☐ Retired - Date: ________________________________________________________
☐ Laid Off - Date: _______________________________________________________

Supervisor Name and Title: _____________________________________________

Years of Service: _____________________________________________________

Salary/Hourly Rate at Time of Adverse Action: $ ___________________________

SECTION 5: TYPE OF AGE DISCRIMINATION

Check all that apply:

Hiring Discrimination

☐ I was not hired because of my age
☐ The employer hired a substantially younger person
☐ Job posting included age-related requirements or preferences

Termination/Discharge

☐ I was terminated because of my age
☐ I was forced into early retirement
☐ I was included in a reduction in force that targeted older workers

Failure to Promote

☐ I was denied a promotion because of my age
☐ A substantially younger person was promoted instead

Demotion

☐ I was demoted because of my age
☐ My responsibilities were reduced because of my age

Reduction in Force (RIF) / Layoff

☐ I was selected for layoff because of my age
☐ Older workers were disproportionately affected by the RIF
☐ The selection criteria had a disparate impact on older workers

Harassment

☐ I was harassed because of my age
☐ Age-based harassment created a hostile work environment

Benefits Discrimination

☐ I was denied benefits because of my age
☐ Benefits were reduced based on age
☐ Early retirement package was involuntary or coercive

Training/Development

☐ I was denied training opportunities because of my age
☐ Employer invested in younger workers but not older workers

Compensation

☐ I was paid less than younger workers performing the same work
☐ My pay was reduced because of my age

Retaliation

☐ I was retaliated against for complaining about age discrimination
☐ I was retaliated against for filing an EEOC charge
☐ I was retaliated against for participating in an age discrimination investigation

SECTION 6: DATES OF DISCRIMINATION

Date Discrimination First Occurred: _______________________________________

Date of Most Recent Discriminatory Act: ___________________________________

Is the Discrimination Continuing? ☐ Yes ☐ No

SECTION 7: DETAILED STATEMENT OF FACTS (PARTICULARS)

Describe what happened in detail. Include WHO discriminated against you, WHAT they did, WHEN it happened, WHERE it occurred, and WHY you believe it was because of your age.

A. Background

Your Age When Adverse Action Occurred: __________________________________

Length of Employment at Time of Action: __________________________________

Performance History:

___________________________________________________________________________

___________________________________________________________________________

B. Specific Incidents of Age Discrimination

Incident 1:

Date: ___________________________________________________________________

Persons Involved: _________________________________________________________

What Happened:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Age-Related Statements Made (if any):

___________________________________________________________________________

___________________________________________________________________________

Incident 2:

Date: ___________________________________________________________________

Persons Involved: _________________________________________________________

What Happened:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Age-Related Statements Made (if any):

___________________________________________________________________________

___________________________________________________________________________

Incident 3:

Date: ___________________________________________________________________

Persons Involved: _________________________________________________________

What Happened:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Age-Related Statements Made (if any):

___________________________________________________________________________

___________________________________________________________________________

(Attach additional pages if necessary)

C. Evidence of Age-Based Motivation

Describe any statements, comments, or circumstances that indicate age was a factor:

Age-Related Comments or Statements:
☐ Comments about being "overqualified"
☐ References to "new blood" or "fresh ideas"
☐ Questions about retirement plans
☐ Comments about "not keeping up" or "slowing down"
☐ References to technology challenges
☐ Comments about being "set in your ways"
☐ References to salary being "too high" for your position
☐ Other age-related statements: ____________________________________________

Specific Statements Made:

SECTION 8: COMPARATIVE TREATMENT EVIDENCE

A. Your Replacement or Comparator

Were you replaced by a younger worker? ☐ Yes ☐ No

If yes:

Replacement's Name (if known): __________________________________________

Replacement's Age (if known): ___________________________________________

Replacement's Qualifications:

___________________________________________________________________________

B. Similarly Situated Younger Employees

Describe how younger employees in similar positions were treated differently:

C. Statistical Evidence (for RIF/Layoff Cases)

Number of Employees in Affected Group: ___________________________________

Number of Employees Age 40+ Laid Off: ___________________________________

Number of Employees Under 40 Laid Off: ___________________________________

Percentage of Older Workers Affected: _____________________________________

SECTION 9: EMPLOYER'S STATED REASON

What reason did the employer give for the adverse action?

☐ Performance issues
☐ Reorganization/Restructuring
☐ Position eliminated
☐ Budget cuts
☐ Lack of qualifications
☐ Poor fit
☐ No reason given
☐ Other: ________________________________________________________________

Describe the reason provided:

___________________________________________________________________________

___________________________________________________________________________

Why You Believe This Reason Is Pretextual

Explain why the employer's stated reason is false or not the real reason:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

SECTION 10: REDUCTION IN FORCE (RIF) SPECIFIC INFORMATION

Complete this section if you were affected by a layoff or RIF

A. RIF Details

Date of RIF Announcement: ______________________________________________

Date of Your Termination: _______________________________________________

Total Employees in RIF: _________________________________________________

Your Business Unit/Department Affected: ___________________________________

B. Selection Criteria

What criteria did the employer claim to use?

☐ Performance ratings
☐ Seniority
☐ Skills/Qualifications
☐ Salary level
☐ Manager discretion
☐ Unknown
☐ Other: ________________________________________________________________

C. Severance and Release

Were you offered a severance package? ☐ Yes ☐ No

Were you asked to sign a release of claims? ☐ Yes ☐ No

If yes:

Did the release comply with OWBPA requirements?
☐ 21 days to consider (individual termination)
☐ 45 days to consider (group termination)
☐ 7 days to revoke after signing
☐ Written in plain language
☐ Advised to consult attorney
☐ Received information about ages of those selected/not selected for layoff
☐ Not sure/Don't know

Did you sign the release? ☐ Yes ☐ No

Date Signed (if applicable): ______________________________________________

SECTION 11: WITNESSES

SECTION 12: EVIDENCE

Documents You Have:

☐ Performance evaluations
☐ Termination letter
☐ Severance agreement/Release
☐ Emails showing age-related comments
☐ RIF selection criteria documents
☐ Statistical data on affected employees
☐ Job posting for your position
☐ Employment contract
☐ Witness statements
☐ Other: ________________________________________________________________

SECTION 13: STATE-SPECIFIC NOTES

California

• State Law: California FEHA, Government Code § 12940
• Protected Age: 40 and older (same as federal)
• Employee Threshold: 5+ employees (lower than ADEA's 20)
• Filing Deadline: 3 years to file with CRD
• Additional Protections: California prohibits age-related inquiries in applications

Texas

• State Law: Texas Labor Code Chapter 21
• Protected Age: 40 and older
• Employee Threshold: 15+ employees
• Filing Deadline: 180 days to file with TWC-CRD
• Note: Texas law generally tracks federal ADEA requirements

Florida

• State Law: Florida Civil Rights Act, Florida Statutes § 760.10
• Protected Age: Unclear/limited state protection for age
• Filing Deadline: 365 days to file with FCHR
• Note: Federal ADEA may provide stronger protection in Florida

New York

• State Law: New York State Human Rights Law, Executive Law § 296
• Protected Age: 18 and older (broader than federal)
• Employee Threshold: 4+ employees
• Filing Deadline: 3 years to file with DHR (as of 2/15/2024)
• NYC: NYC Human Rights Law provides additional protections

SECTION 14: ADEA REMEDIES AVAILABLE

Back Pay

• Lost wages from date of adverse action to judgment
• Includes lost benefits, bonuses, commissions

Front Pay

• Future lost earnings if reinstatement is not feasible

Liquidated Damages

• Equal to back pay amount (essentially doubles back pay)
• Available only for "willful" violations
• Willful = employer knew or showed reckless disregard for ADEA requirements

Reinstatement

• Return to former position or equivalent position

Injunctive Relief

• Order to stop discriminatory practices
• Policy changes

Attorney's Fees and Costs

• Reasonable fees if plaintiff prevails

NOT Available Under ADEA

• Compensatory damages for emotional distress
• Punitive damages
• Note: State laws may provide these remedies

SECTION 15: RELIEF REQUESTED

☐ Back pay and lost benefits
☐ Front pay
☐ Liquidated damages (for willful violation)
☐ Reinstatement
☐ Promotion (if denied)
☐ Attorney's fees and costs
☐ Declaratory and injunctive relief
☐ Policy changes at employer
☐ Other: ________________________________________________________________

SECTION 16: FILING DEADLINES

EEOC Filing Deadlines

Right to File Lawsuit

Unlike Title VII/ADA, you do NOT need a Right to Sue letter for ADEA claims.

• You may file a federal lawsuit 60 days after filing your EEOC charge
• Lawsuit must be filed within 2 years of the discriminatory act (3 years if willful)

SECTION 17: VERIFICATION AND SIGNATURE

I hereby certify that the information provided in this charge is true and correct to the best of my knowledge, information, and belief.

I understand that:
- The ADEA protects employees and applicants age 40 and older
- I may file a lawsuit 60 days after filing this charge without waiting for a Right to Sue letter
- The EEOC will investigate my charge

Signature: ____________________________________________________________

Printed Name: _________________________________________________________

Date: ________________________________________________________________

SECTION 18: SPECIAL CONSIDERATIONS

Older Workers Benefit Protection Act (OWBPA) Requirements

If you were asked to sign a release of age discrimination claims, the release is only valid if:

☐ The waiver was written in plain language
☐ The waiver specifically referred to ADEA rights
☐ You were advised in writing to consult an attorney
☐ You received consideration (payment) beyond what you were already entitled to
☐ You were given at least 21 days to consider (45 days for group layoffs)
☐ You were given 7 days to revoke after signing
☐ For group layoffs: You received information about the job titles and ages of all employees eligible for the program and those selected for layoff

If Release Was Invalid

If the release you signed did not comply with OWBPA, you may be able to pursue your ADEA claims despite signing the release.

ATTACHMENT CHECKLIST

☐ Performance evaluations
☐ Termination documentation
☐ Severance agreement/Release (if applicable)
☐ Documentation of age-related comments
☐ Emails and correspondence
☐ RIF information and statistics (if applicable)
☐ Job description
☐ Replacement's qualifications (if known)
☐ Witness contact information
☐ Additional pages for detailed statement

The ADEA provides important protections for older workers. For complex cases involving reductions in force or early retirement programs, consultation with an experienced employment attorney is strongly recommended.