42 U.S.C. § 6102 — Prohibition of discrimination

Page 6645 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6103 1978—Pub. L. 95–478 struck out ‘‘unreasonable’’ before ‘‘discrimination’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–272 effective Oct. 18, 1986, see section 14001(e) of Pub. L. 99–272, title XIV, Apr. 7, 1986, 100 Stat. 329. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–478 effective at the close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as a note under section 3001 of this title. SHORT TITLE Pub. L. 94–135, title III, § 301, Nov. 28, 1975, 89 Stat. 728, provided that: ‘‘The provisions of this title [enacting this chapter] may be cited as the ‘Age Discrimination Act of 1975’.’’ § 6102. Prohibition of discrimination Pursuant to regulations prescribed under sec- tion 6103 of this title, and except as provided by section 6103(b) and section 6103(c) of this title, no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to dis- crimination under, any program or activity re- ceiving Federal financial assistance. (Pub. L. 94–135, title III, § 303, Nov. 28, 1975, 89 Stat. 728.) § 6103. Regulations (a) Publication in Federal Register of proposed general regulations, final general regula- tions, and anti-discrimination regulations; ef- fective date (1) Not later than one year after the trans- mission of the report required by section 6106(b) of this title, or two and one-half years after No- vember 28, 1975, whichever occurs first, the Sec- retary of Health and Human Services shall pub- lish in the Federal Register proposed general regulations to carry out the provisions of sec- tion 6102 of this title. (2)(A) The Secretary shall not publish such proposed general regulations until the expira- tion of a period comprised of— (i) the forty-five day period specified in sec- tion 6106(e) of this title; and (ii) an additional forty-five day period, im- mediately following the period described in clause (i), during which any committee of the Congress having jurisdiction over the subject matter involved may conduct hearings with respect to the report which the Commission is required to transmit under section 6106(d) of this title, and with respect to the comments and recommendations submitted by Federal departments and agencies under section 6106(e) of this title. (B) The forty-five day period specified in sub- paragraph (A)(ii) shall include only days during which both Houses of the Congress are in ses- sion. (3) Not later than ninety days after the Sec- retary publishes proposed regulations under paragraph (1), the Secretary shall publish in the Federal Register final general regulations to carry out the provisions of section 6102 of this title, after taking into consideration any com- ments received by the Secretary with respect to the regulations proposed under paragraph (1). (4) Not later than ninety days after the Sec- retary publishes final general regulations under paragraph (a)(3), the head of each Federal de- partment or agency which extends Federal fi- nancial assistance to any program or activity by way of grant, entitlement, loan, or contract other than a contract of insurance or guaranty, shall transmit to the Secretary and publish in the Federal Register proposed regulations to carry out the provisions of section 6102 of this title and to provide appropriate investigative, conciliation, and enforcement procedures. Such regulations shall be consistent with the final general regulations issued by the Secretary, and shall not become effective until approved by the Secretary. (5) Notwithstanding any other provision of this section, no regulations issued pursuant to this section shall be effective before July 1, 1979. (b) Nonviolative actions; program or activity ex- emption (1) It shall not be a violation of any provision of this chapter, or of any regulation issued under this chapter, for any person to take any action otherwise prohibited by the provisions of section 6102 of this title if, in the program or ac- tivity involved— (A) such action reasonably takes into ac- count age as a factor necessary to the normal operation or the achievement of any statutory objective of such program or activity; or (B) the differentiation made by such action is based upon reasonable factors other than age. (2) The provisions of this chapter shall not apply to any program or activity established under authority of any law which (A) provides any benefits or assistance to persons based upon the age of such persons; or (B) establishes cri- teria for participation in age-related terms or describes intended beneficiaries or target groups in such terms. (c) Employment practices and labor-management joint apprenticeship training program ex- emptions; Age Discrimination in Employment Act unaffected (1) Nothing in this chapter shall be construed to authorize action under this chapter by any Federal department or agency with respect to any employment practice of any employer, em- ployment agency, or labor organization, or with respect to any labor-management joint appren- ticeship training program. (2) Nothing in this chapter shall be construed to amend or modify the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621–634), as amended, or to affect the rights or responsibil- ities of any person or party pursuant to such Act. (Pub. L. 94–135, title III, § 304, Nov. 28, 1975, 89 Stat. 729; Pub. L. 95–478, title IV, § 401(b), Oct. 18, 1978, 92 Stat. 1555; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–300, title I, § 183, Oct. 13, 1982, 96 Stat. 1357; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(37)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–427.)