Age Discrimination for Federal Employees

Age Discrimination for Federal Employees: A Different Process, Strict Deadlines

If you’re a federal government employee, age discrimination claims work differently than they do for private-sector workers in DC or Maryland. Instead of filing with the EEOC or a local human rights office, federal employees must generally start by contacting an EEO Counselor at their own agency — and the deadline to do that is far shorter than most people expect. For the general framework covering age discrimination in every jurisdiction, see our Age Discrimination page, and for the full federal EEO process shared across all protected traits, see our Federal Sector Employment Law page .

Why Federal Employees Follow a Different Process

Federal employees are protected from age discrimination by the same underlying law — the Age Discrimination in Employment Act (ADEA), covering workers 40 and older — but enforcement runs through your employing agency and the EEOC’s federal-sector process, not through a private lawsuit or a state/local agency like DC’s OHR or Maryland’s MCCR.

This applies to federal employees regardless of whether you work in DC, Maryland, or anywhere else — the process is the same nationwide.

The 45-Day Deadline: The Most Important Thing to Know

Unlike DC’s one-year deadline or Maryland’s 300-day deadline for private-sector claims, federal employees have just 45 calendar days from the discriminatory act to contact an EEO Counselor at their agency. This is one of the shortest deadlines in all of employment law, and missing it can permanently bar your claim.

Step-by-Step: The Federal EEO Complaint Process

1. Contact an EEO Counselor at your agency within 45 days of the discriminatory act.
2. Informal counseling period — your counselor has 30 days to attempt to resolve the matter informally (extendable up to 90 days total if you agree, or if you pursue mediation/ADR).
3. Notice of Final Interview — if unresolved, you’ll receive written notice of your right to file a formal complaint.
4. File a formal complaint within 15 days of receiving that notice.
5. Agency investigation — your agency investigates the complaint.
6. Choose your path — after the investigation, you can request a hearing before an EEOC Administrative Judge, or ask the agency to issue a final decision without a hearing.
7. Appeal, if needed — you can appeal an unfavorable decision to the EEOC’s Office of Federal Operations or, in many cases, file a civil action in federal court.

What Is a "Mixed Case"?

If your situation involves both a discrimination claim and an action that could otherwise be appealed to the Merit Systems Protection Board (MSPB) — such as a removal, demotion, or suspension — it may be treated as a mixed case. See our MSPB adverse action appeals page for more on that process. In a mixed case, you must choose between:

Filing a mixed case complaint through the EEO process, or
Filing a mixed case appeal directly with the MSPB.

Whichever you file first is treated as your election — you generally cannot pursue both paths for the same claim. Choosing the right forum can significantly affect your case, so this is a decision worth making with an attorney’s guidance rather than on your own.

What If I'd Rather Go Straight to Court?

Federal employees have an alternative path available specifically for ADEA claims: you may file a notice of intent to sue with the EEOC within 180 days of the discriminatory act, then file suit in federal court after waiting at least 30 days. This bypasses the full administrative process, though it comes with its own tradeoffs worth discussing with an attorney.

What Remedies Are Available?

Federal employees who prove age discrimination may be entitled to:

Reinstatement, promotion, or other equitable relief
Back pay and, in some cases, front pay
Compensatory damages for harms like emotional distress or job search costs
Restoration of leave or other benefits

Worth knowing: liquidated damages, available in some private-sector ADEA cases, are generally not available to federal employees.

Talk to a Federal Sector Age Discrimination Attorney

The federal EEO process has strict, unforgiving deadlines and forum-election rules that can permanently affect your case if handled incorrectly. If you believe you’ve experienced age discrimination as a federal employee, don’t wait to get guidance — the 45-day clock starts immediately.

Or call 301.245.3035 · Intake@WilkenfeldLO.com

This article provides general information and is not legal advice. Contacting us does not create an attorney-client relationship.

Reviewed by Ari Wilkenfeld, Esq. (DC Bar No. 461063; MD Bar No. 9806240300). Ari has over 27 years of experience litigating in federal and state courts, and before the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Merit Systems Protection Board (MSPB), and various arbitration panels. Ari has been recognized by Esquire Magazine as “a famously determined Civil Rights lawyer” and by the New York Post as “a high powered DC Lawyer.” Last updated: August 28, 2026.