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Empowering seniors against discrimination

A message from Understood Care

If you have ever felt dismissed or talked over because of your age, you are not alone. As Debbie from our team shares in the companion video, we have seen older adults ignored, gaslighted, or judged unfairly. That should never happen. When you tell us about discrimination in a clinic, an agency, a community program, or anywhere else, we reach out to the people involved, advocate for you, and work to stop the behavior. You deserve to be heard, to be safe, and to receive the same respect and services as anyone else.

What age discrimination can look like in everyday life

In healthcare and social services

Age discrimination happens when a provider, health plan, or publicly funded program treats you differently because of your age. Examples include denying services that others receive, dismissing symptoms as “just aging,” setting age cutoffs without a medical reason, or using policies that make it harder for older adults to access care. Federal civil rights law prohibits discrimination on the basis of age in many health programs and activities that receive federal financial assistance.

In employment

If you are 40 or older, federal law forbids employers from discriminating against you because of your age in hiring, firing, pay, promotions, or other terms and conditions of employment. Harassment based on age is also unlawful.

In housing and long term care

The federal Fair Housing Act does not list age as a protected class. However, programs and activities that receive federal financial assistance may not discriminate based on age under the Age Discrimination Act. Residents in Medicare and Medicaid certified nursing homes also have explicit rights to be free from discrimination and reprisal.

Why this matters for health

Research shows that everyday ageism is common and is linked with worse physical and mental health outcomes for older adults. Choosing care that respects your goals and speaking up when something feels off are important steps for your well being.

Your rights under federal law

Age Discrimination Act of 1975
Protects people of all ages from discrimination in programs or activities that receive federal financial assistance, including many health and human services and housing programs supported by federal funds.

Section 1557 of the Affordable Care Act
Prohibits discrimination based on race, color, national origin, sex, age, or disability in certain health programs and activities. HHS issued a final rule in May 2024 that strengthens enforcement and clarifies covered entities and responsibilities.

Age Discrimination in Employment Act
Forbids age discrimination against people age 40 and older in the workplace and provides a process for filing charges with the EEOC.

Resident rights in nursing homes
Residents have the right to exercise their rights without interference, coercion, discrimination, or reprisal. Surveyor guidance and federal regulations reinforce these protections.

Let's turn pain into Progress.
Let's turn pain into Progress.

If you think you were discriminated against, here is what to do

  • Write down what happened
    Record dates, places, names, what was said, and any witnesses. Keep copies of letters, bills, portal messages, and notices.
    How an advocate can help:
    Create a clear timeline, organize your documents, and capture exact wording so your record is complete and easy to use.
  • Ask for an explanation, in writing if possible
    Sometimes a misunderstanding can be resolved when a policy or medical reason is explained. If the answer does not make sense or uses age alone as the reason, continue with the steps below.
    How an advocate can help:
    Draft a respectful message or letter, request citations to the specific policy or clinical criteria, join calls to ensure your questions are answered, and document the responses.
  • Use any internal grievance process
    Clinics, plans, and facilities often have patient relations or grievance teams. Submit your concern in writing and save a copy.
    How an advocate can help:
    Find the right grievance office, complete forms, submit the complaint, track deadlines, and follow up until you receive a written decision.
  • File a civil rights complaint for healthcare or human services
    You can file with the HHS Office for Civil Rights. In most cases you must file within 180 days of when you knew about the discrimination. Assistance is available by phone and TDD. by phone and TDD.
    How an advocate can help
    Confirm which laws apply, prepare your statement, upload evidence, request needed accommodations, and monitor the case for updates and requests for more information.
  • Report employment discrimination
    Start with the EEOC Public Portal or your local EEOC office. For age cases you generally must file within 180 days, or within 300 days if your state has a qualifying law and agency. You may be able to file a lawsuit 60 days after filing your charge with the EEOC.
    How an advocate can help
    Check deadlines, gather supporting records, draft the intake summary, coordinate with legal aid when appropriate, and set reminders for next steps.
  • Get help with long term care concerns
    Contact your state Long Term Care Ombudsman Program for free and confidential help with complaints about nursing homes and assisted living.
    How an advocate can help
    Prepare you for the call, share your documentation with the ombudsman at your direction, and escalate urgent safety concerns while protecting your rights.
  • Bring support and prepare for medical visits
    A trusted family member, friend, or advocate can help take notes and ask questions. Preparation improves communication and follow through.
    How an advocate can help
    Create a visit plan with your top questions, attend by phone or video when allowed, take notes, and summarize next steps so you can follow through with confidence.
  • If you are worried about retaliation or safety
    How an advocate can help
    Document any new incidents, request accommodations, help you change providers when needed, and alert the appropriate oversight agency if your safety or access to care is at risk.

How Understood Care advocates stand with you

When you share a concern, your advocate can:

  • Listen to your story, review documents, and clarify your goals
  • Reach out to the provider office, plan, or agency contact to address the issue directly
  • Join calls or visits with you and help make sure your questions are answered
  • Draft letters, gather records, and help you submit complaints to the right office
  • Connect you with the Long Term Care Ombudsman when facility issues arise
  • Coordinate next steps so you can keep your care on track

Helpful Understood Care resources include care coordination, clear communication, appointment support, transportation help, medical bill review, and medication cost assistance.

Sample words you can use

On the phone or in person
I want to understand this decision. Can you please explain the specific policy or medical reason. I am concerned that age is being used as the reason. Federal civil rights laws prohibit discrimination based on age in many health programs that receive federal funds. I would like my request reconsidered and documented in my chart.

In a short letter or portal message
I am writing to request reconsideration of the decision described on date. The explanation I received suggests the decision was based on my age. I am asking for a written explanation that cites the specific policy or clinical criteria. If the decision relied on my age alone, please correct it and let me know the next available option for my care.

One-on-One Support (646) 904-4027
One-on-One Support (646) 904-4027

Frequently asked questions

Are there filing deadlines
Yes. For healthcare or human services complaints to HHS OCR, the usual deadline is 180 days from when you knew about the discrimination, although OCR may extend the period for good cause. For employment cases, the EEOC deadline is generally 180 days or 300 days in certain states.

Can a program ever consider age
The Age Discrimination Act allows limited age distinctions when they are necessary for the program to operate or to meet a statutory objective, and when certain conditions are met. If you think a rule is being applied unfairly, ask for the rule in writing and seek help.

Can a nursing home restrict my rights because of my age
No. Federal resident rights include freedom from discrimination and reprisal. Facilities must support you in exercising your rights and treat you with dignity and respect.

Where to go from here

You deserve care, services, work, and housing decisions that are based on your needs and abilities, not your age. If something does not feel right, say so. Bring a support person, write down what happened, and use the steps above. Understood Care is here to stand with you, reach out to the people involved, and help you move forward with confidence.

References

This content is educational and is not a substitute for medical advice. Always consult your healthcare provider for personalized care.

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