Discrimination
Services and Programs
Legal services for older persons are provided under a number of
existing programs. They include programs funded under the Legal
Services Corporation Act, the Older Americans Act, and Title XX
of the Social Security Act.
Legal Services Corporation Act - The purpose
of this Act is to make legal assistance available to those who face
an economic barrier to adequate counsel. Although programs funded
under the Legal Services Corporation Act make services available
to all low-income people, without focusing on any particular group,
priority consideration is given to clients with special access difficulties
or special unmet legal needs.
Older Americans Act - Under Title III
of the Older Americans Act, it is mandated that each Area Agency
on Aging have a Legal Assistance Program separate and apart from
other services or programs. Low-income minority individuals over age 60 with the greatest
social or economic need receive particular attention.
Title XX - Title XX of the Social Security
Act allocates funds to state governments for social services into
a single grant. This increases the state's flexibility in using
the grants to furnish services to achieve or maintain economic self-support
to prevent, reduce or eliminate dependency. Individuals can obtain
help in civil matters such as housing, child support, guardianship,
paternity, and legal separation. Services are also directed toward
preventing or reducing institutional care by providing for community-based
care, home-based care or other forms of less intensive care and
services to individuals. Persons desiring information concerning
services available under this or any of the above programs should
contact their Area Agency on Aging.
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Discrimination
The Age Discrimination in Employment Act
(ADEA) protects most persons 40 years of age or older from arbitrary
age discrimination in hiring, discharge, pay, promotions, fringe
benefits (including health insurance, pension plan), and other aspects
of employment. Generally, older persons are protected if they work
for a private employer of 20 or more persons, or for any federal,
state or local governmental agency. The ADEA's broad ban against
age discrimination specifically prohibits an age limit except in
the rare circumstances where age has proven to be a bona fide occupational
qualification.
Penalties for Employer Violation
- Employers found guilty of discrimination are subject to penalties,
which include: payment of damages, interest, liquidated damages,
attorney's fees, and court costs.
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Filing a Charge
EEOC - Charges of unlawful discrimination due to age must
be filed with the U.S. Equal Opportunity Commission (EEOC). Every
effort should be made to act on a discriminatory action as soon
as possible, given the strict time limits under the ADEA. First,
you must file a charge within 180 days of the discriminatory act.
State laws may extend this 180-day filing deadline to 300 days.
Second, you should also attempt to file a timely charge under applicable
state law. EEOC's NJ office is located at 1 Newark Center, 21st
Floor, Newark, NJ 07102, telephone 973-645-6383. For information
about federal laws on job discrimination, call EEOC's toll-free
number, 1-800-669-4000, or visit their website at www.eeoc.gov.
NJ Division on Civil Rights - Complaints
of age discrimination may also be filed with the Division on Civil
Rights, NJ Department of Law & Public Safety, PO Box 090, Trenton,
NJ 08625-0090, telephone 609-292-4605.
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