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.
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.
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.
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.
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.
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.
When you share a concern, your advocate can:
Helpful Understood Care resources include care coordination, clear communication, appointment support, transportation help, medical bill review, and medication cost assistance.
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.
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.
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.
This content is educational and is not a substitute for medical advice. Always consult your healthcare provider for personalized care.
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