Solomon Law Firm, PLLC represents federal employees and job applicants in age discrimination claims. We can examine the agency’s explanation, identify evidence of unequal treatment, and guide you through the federal EEO process or other available legal action. Because these cases involve short deadlines and important procedural choices, speaking with an attorney early can help preserve your options.
Why Choose Solomon Law Firm, PLLC for a Federal Age Discrimination Claim?
Federal age discrimination claims involve agency procedures, short deadlines, and potential overlap between the EEO and MSPB processes. Solomon Law Firm, PLLC helps federal employees understand these requirements and pursue the appropriate course of action.
Our firm provides:
- Representation during EEO counseling, agency investigations, and EEOC hearings
- Assistance with mixed cases involving the Merit Systems Protection Board (MSPB)
- Review of performance records, selection materials, and agency explanations
- Representation in settlement negotiations, EEOC appeals, and federal litigation
- Clear advice about deadlines, potential remedies, and realistic outcomes
- Direct guidance throughout each stage of the case
Our attorneys look at the full employment history, not only the personnel action that led you to seek help.
What Does Federal Employee Age Discrimination Include?
The ADEA protects federal employees and applicants who are 40 or older. Federal personnel actions affecting employees and applicants age 40 or older must be free from age discrimination.
An agency may violate the law when age improperly influences decisions involving:
- Recruitment, interviews, or hiring
- Promotions and career-ladder advancement
- Pay, awards, or benefits
- Training and developmental assignments
- Performance evaluations or discipline
- Reassignments, demotions, or removals
- Reductions in force or pressure to retire
The law also prohibits age-based harassment when the conduct is sufficiently severe or pervasive to alter working conditions.
What Are Signs of Age Discrimination in a Federal Workplace?
Age discrimination is not always accompanied by an explicit admission. An agency may cite performance problems, budget constraints, restructuring, or another seemingly neutral reason.
Potential warning signs include a sudden decline in ratings after years of positive reviews, repeated retirement questions, or comments about energy and adaptability. Other concerns may arise when substantially younger employees receive training, details, or advancement opportunities denied to older colleagues.
During a reduction in force, the ages and qualifications of affected employees may reveal a broader pattern. One event rarely tells the entire story, so we examine the timing and treatment of comparable employees.
What Evidence Can Support Your Claim?
Relevant evidence may include performance evaluations, emails, text messages, witness statements, selection records, and documents showing how the agency applied its stated criteria. Prior complaints or a sudden change in management’s treatment may also provide context.
We can compare the agency’s explanation with its records and determine whether its reasons have changed or are inconsistent with its actions. Before copying restricted or confidential materials, ask an attorney how to preserve evidence without violating agency rules.
How Does a Federal Employee File an ADEA Claim?
A federal employee generally has two possible routes.
Under the administrative EEO process, you usually must contact an agency EEO counselor within 45 days of the alleged discrimination. If counseling does not resolve the matter, you generally have 15 days after receiving notice from the counselor to file a formal complaint. You may later request an EEOC hearing or a final agency decision.
The ADEA also permits a federal employee to bypass the administrative complaint process. To use that route, you must notify the EEOC of your intent to sue within 180 days of the alleged discriminatory act. The notice must be submitted at least 30 days before you file the lawsuit in federal court.
The paths are not interchangeable at every stage. We can explain how each option may affect your case before you make that choice.
When Does Age Discrimination Become an MSPB Mixed Case?
Certain personnel actions, including removals, demotions, and suspensions lasting more than 14 days, may be appealed to the MSPB. If an employee claims that age discrimination contributed to an appealable action, the matter may be treated as a mixed case.
The employee generally must choose between filing a mixed-case complaint through the agency’s EEO process and filing a mixed-case appeal directly with the MSPB. The first filing usually determines which forum will hear the case, so understanding the available options before proceeding is important.
What Remedies May Be Available?
Depending on the circumstances, relief may include reinstatement, promotion, back pay, restored benefits, correction of personnel records, attorney’s fees, and orders requiring the agency to take corrective action. The available remedies depend on the type of violation and the harm it caused.
Discuss Your Federal Age Discrimination Claim With Our Attorneys
If age may have influenced an agency decision affecting your federal career, contact Solomon Law Firm, PLLC. We represent federal employees nationwide from offices in Washington, D.C., New York City, and Albany. Schedule a confidential consultation to discuss your rights and next steps.
Frequently Asked Questions
Can a federal job applicant file an age discrimination claim?
Yes. The ADEA protects applicants age 40 and older when a federal agency uses age unlawfully in recruitment, interviews, referrals, or selection decisions.
Does it matter if the supervisor responsible is also over 40?
No. A supervisor or selecting official can discriminate against someone in the same protected age group. The issue is whether age affected the decision.
Can a federal agency retaliate against me for reporting age discrimination?
No. An agency cannot lawfully retaliate because you made a good-faith discrimination complaint, contacted an EEO counselor, served as a witness, or participated in an EEO proceeding.