DATE: June 5, 1998
DIRECTIVE: OLDER WORKER BULLETIN 98-24
TO: ALL SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM (SCSEP) GRANTEES
SUBJECT: Enrollee Recruitment Advertisements for SCSEP
1. Purpose: To inform sponsors of SCSEP=s exemption from provisions of the Age Discrimination in Employment Act (ADEA).
2. Background: Newspaper publishers have questioned whether they may publish recruitment advertisements for the SCSEP. Their position was based on the grounds that, since the advertisement was limited to individuals 55 years or older, it might violate civil rights laws that require open and unrestricted employment opportunities.
3. Regulatory Provision: There is a relevant provision, contained in the Department of Labor Regulations at 29 CFR Section1627.16(a). This section states, in brief, that programs such as the SCSEP that have been designed exclusively to provide employment for, or to encourage the employment of, persons with special employment problems, such as older workers, are exempt from the provisions of the ADEA.
4. Action Required: When necessary, publishers should be advised that SCSEP is exempted in Section 9 of the ADEA, and the program may restrict employment to individuals over 55 years of age.
5. Inquiries: Questions should be directed to your Federal Representative at (202) 219-5904.