Under section 201 of the CAA, “All personnel actions affecting covered employees shall be made free from any discrimination based on… age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 633a)[.]” In turn, section 15 of the ADEA, which applies specifically to federal government employment, provides that “All personnel actions affecting employees or applicants for employment who are at least 40 years of age… shall be made free from any discrimination based on age.” 29 U.S.C. § 633a(a).

The OCWR Board and the federal courts analyze ADEA claims in much the same way as claims brought under Title VII of the Civil Rights Act of 1964. However, it is important to note one key distinction: whereas Title VII applies to all covered employees regardless of their race, color, religion, sex, or national origin, the ADEA protects only those employees age 40 or older. Employees who were younger than 40 at the time of the alleged discrimination cannot bring claims under the ADEA.