The U.S. Department of Education is no longer pursuing an age discrimination complaint filed against the University last year, officials confirmed last week.

The inquiry into the University, which the education department launched last January to investigate alleged age discrimination, is no longer listed on the ED’s Office for Civil Rights’ website as of its latest update Jan. 31. University spokeswoman Crystal Nosal said the complaint was dismissed after the ED found “insufficient evidence” to support the plaintiff’s allegations that the University retaliated against them for protesting age discrimination.

“GW is pleased the department came to this conclusion,” Nosal said.

A former student alleged last year that the University retaliated against them for accusing GW of a discriminatory culture under which older, tenured professors “bully” younger faculty.

The student claimed in the suit that GW ignored complaints filed in June 2018 against two deans and University President Thomas LeBlanc and alleged that GW did not provide them with adequate resources while the student taught from 2014 to February 2018. The student asked the University to award them a doctorate degree but did not specify if GW withheld the degree to retaliate against them.

“I had no office, no computer, no support; taught thousands of students; was protected by the union until I was ‘promoted’; and, was then summarily discarded,” the student said in the complaint.

The Age Discrimination Act of 1975 prohibits age-based discrimination in programs that receive federal funds, but does not cover employment discrimination. The Age Discrimination in Employment Act of 1967 only applies to job applicants and employees who are older than 40.

Employment discrimination experts said the complaint was likely filed with the ED because the alleged action concerned a student. An employee’s discrimination complaint would be filed with the Equal Employment Opportunity Commission, according to the ED website.

Employees have previously filed age discrimination cases against GW, like an electrician who sued for disability and age discrimination in 2016. An applicant for a customer service staffer position sued the University in 2013, claiming that GW hired a younger white woman with fewer qualifications.

Sam Sedaei, an alumnus and an associate attorney at Chicago employment law firm Goldman and Ehrlich, said middle-aged employees typically file age discrimination complaints when employees hire younger employees or when they are fired and replaced by younger, new hires. But he said the former student can still pursue legal recourse for retaliatory behavior even if their age discrimination claim is not valid.

“That’s the part where the claim sometimes could stand on its own, the retaliation portion because even if the student did not have a valid right under the ADEA, that still doesn’t give an employer the right to take revenge or do something to that student because of the complaint,” Sedaei said.

He said people who allege retaliation often have to show that another person in a similar position who did not complain about discrimination was “treated more favorably.” Sedaei said the education department may have found that the former student was not discriminated against if others in the same position also lacked an office and a computer.

“Usually that right there shows that you were treated like everybody else,” he said. “Maybe you weren’t treated how well you believe you should have been treated, but there’s no evidence that the way you were treated was due to discrimination.”

Traci Greenberg, a senior associate at Sidney L. Gold & Associates P.C. in Philadelphia, said age discrimination suits against higher education institutions may be filed when a student faces age-based bullying or is denied benefits or resources. She added that suits may be filed if a student experiences an “adverse event,” like being removed from a program.

Greenberg said the claim could be removed from the department website if the student reached a confidential settlement with the University or if the student withdrew the claim. She added that the ED could also dismiss the claim if the student filed an action in a federal court.

“Best practice would be to undertake a good faith investigation into the allegations, ask the complaining party what evidence they have to support the allegations and what witnesses they have to support the claims,” Greenberg said.

Brian Heller, a partner at the New York employment law firm Schwartz Perry and Heller LLP, said he has never seen a case where a former student filed an age discrimination claim because younger employees do not receive the same age discrimination protections as older people under the Age Discrimination in Employment Act.

“Your age plays a role, and it can vary in different contexts,” he said. “But generally, discrimination is intended to protect older individuals. If the complaint is that they’re being complained about because they’re young, that’s more of a difficult situation.”