29 U.S.C. § 622 — Education and research program; rec-

Page 145 TITLE 29—LABOR § 622 (1) in the face of rising productivity and af- fluence, older workers find themselves dis- advantaged in their efforts to retain employ- ment, and especially to regain employment when displaced from jobs; (2) the setting of arbitrary age limits regard- less of potential for job performance has be- come a common practice, and certain other- wise desirable practices may work to the dis- advantage of older persons; (3) the incidence of unemployment, espe- cially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave; (4) the existence in industries affecting com- merce, of arbitrary discrimination in employ- ment because of age, burdens commerce and the free flow of goods in commerce. (b) It is therefore the purpose of this chapter to promote employment of older persons based on their ability rather than age; to prohibit ar- bitrary age discrimination in employment; to help employers and workers find ways of meet- ing problems arising from the impact of age on employment. (Pub. L. 90–202, § 2, Dec. 15, 1967, 81 Stat. 602.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE; RULES AND REGULATIONS Section 16, formerly § 15, of Pub. L. 90–202, renum- bered by Pub. L. 93–259, § 28(b)(1), Apr. 8, 1974, 88 Stat. 74, provided that: ‘‘This Act [enacting this chapter] shall become effective one hundred and eighty days after enactment [Dec. 15, 1967], except (a) that the Sec- retary of Labor may extend the delay in effective date of any provision of this Act up to and additional ninety days thereafter if he finds that such time is necessary in permitting adjustments to the provisions hereof, and (b) that on or after the date of enactment [Dec. 15, 1967] the Secretary of Labor is authorized to issue such rules and regulations as may be necessary to carry out its provisions.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 119], Sept. 30, 1996, 110 Stat. 3009, 3009–23, provided in part that: ‘‘This section [amending section 623 of this title, enacting provisions set out as notes under section 623 of this title, and repealing provisions set out as a note under section 623 of this title] may be cited as the ‘Age Discrimination in Employment Amendments of 1996’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–433, § 1, Oct. 16, 1990, 104 Stat. 978, provided that: ‘‘This Act [amending sections 623, 626, and 630 of this title and enacting provisions set out as notes under this section and sections 623 and 626 of this title] may be cited as the ‘Older Workers Benefit Protection Act’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–592, § 1, Oct. 31, 1986, 100 Stat. 3342, provided that: ‘‘This Act [amending sections 623, 630, and 631 of this title and enacting provisions set out as notes under sections 622 to 624 and 631 of this title] may be cited as the ‘Age Discrimination in Employment Amendments of 1986’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–256, § 1, Apr. 6, 1978, 92 Stat. 189, provided that: ‘‘This Act [amending sections 623, 624, 626, 631, 633a, and 634 of this title and sections 8335 and 8339 of Title 5, Government Organization and Employees, re- pealing section 3322 of Title 5, and enacting provisions set out as notes under sections 623, 626, 631, and 633a of this title] may be cited as the ‘Age Discrimination in Employment Act Amendments of 1978’.’’ SHORT TITLE Pub. L. 90–202, § 1, Dec. 15, 1967, 81 Stat. 602, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Age Discrimination in Employment Act of 1967’.’’ SEVERABILITY Pub. L. 101–433, title III, § 301, Oct. 16, 1990, 104 Stat. 984, provided that: ‘‘If any provision of this Act [see Short Title of 1990 Amendment note above], or an amendment made by this Act, or the application of such provision to any person or circumstances is held to be invalid, the remainder of this Act and the amend- ments made by this Act, and the application of such provision to other persons and circumstances, shall not be affected thereby.’’ CONGRESSIONAL FINDING Pub. L. 101–433, title I, § 101, Oct. 16, 1990, 104 Stat. 978, provided that: ‘‘The Congress finds that, as a result of the decision of the Supreme Court in Public Employees Retirement System of Ohio v. Betts, 109 S.Ct. 256 (1989), legislative action is necessary to restore the original congressional intent in passing and amending the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), which was to prohibit discrimination against older workers in all employee benefits except when age-based reductions in employee benefit plans are justified by significant cost considerations.’’ Executive Documents TRANSFER OF FUNCTIONS Functions vested by this section in Secretary of Labor or Civil Service Commission transferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. § 622. Education and research program; rec- ommendation to Congress (a) The Secretary of Labor shall undertake studies and provide information to labor unions, management, and the general public concerning the needs and abilities of older workers, and their potentials for continued employment and contribution to the economy. In order to achieve the purposes of this chapter, the Sec- retary of Labor shall carry on a continuing pro- gram of education and information, under which he may, among other measures— (1) undertake research, and promote re- search, with a view to reducing barriers to the employment of older persons, and the pro- motion of measures for utilizing their skills; (2) publish and otherwise make available to employers, professional societies, the various media of communication, and other interested persons the findings of studies and other mate- rials for the promotion of employment; (3) foster through the public employment service system and through cooperative effort the development of facilities of public and pri- vate agencies for expanding the opportunities and potentials of older persons; (4) sponsor and assist State and community informational and educational programs. Page 146 TITLE 29—LABOR § 623 (b) Not later than six months after the effec- tive date of this chapter, the Secretary shall recommend to the Congress any measures he may deem desirable to change the lower or upper age limits set forth in section 631 of this title. (Pub. L. 90–202, § 3, Dec. 15, 1967, 81 Stat. 602.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- sec. (b), means the effective date of Pub. L. 90–202, which is one hundred and eighty days after the enact- ment of this chapter, except that the Secretary of Labor may extend the delay in effective date an addi- tional ninety days thereafter for any provision to per- mit adjustments to such provisions. See section 16 of Pub. L. 90–202, set out as a note under section 621 of this title. Statutory Notes and Related Subsidiaries STUDY AND PROPOSED GUIDELINES RELATING TO POLICE OFFICERS AND FIREFIGHTERS Pub. L. 99–592, § 5, Oct. 31, 1986, 100 Stat. 3343, provided that: ‘‘(a) STUDY.—Not later than 4 years after the date of enactment of this Act [Oct. 31, 1986], the Secretary of Labor and the Equal Employment Opportunity Com- mission, jointly, shall— ‘‘(1) conduct a study— ‘‘(A) to determine whether physical and mental fitness tests are valid measurements of the ability and competency of police officers and firefighters to perform the requirements of their jobs, ‘‘(B) if such tests are found to be valid measure- ments of such ability and competency, to determine which particular types of tests most effectively measure such ability and competency, and ‘‘(C) to develop recommendations with respect to specific standards that such tests, and the adminis- tration of such tests should satisfy, and ‘‘(2) submit a report to the Speaker of the House of Representatives and the President pro tempore of the Senate that includes— ‘‘(A) a description of the results of such study, and ‘‘(B) a statement of the recommendations devel- oped under paragraph (1)(C). ‘‘(b) CONSULTATION REQUIREMENT.—The Secretary of Labor and the Equal Employment Opportunity Com- mission shall, during the conduct of the study required under subsection (a) and prior to the development of recommendations under paragraph (1)(C), consult with the United States Fire Administration, the Federal Emergency Management Agency, organizations rep- resenting law enforcement officers, firefighters, and their employers, and organizations representing older Americans. ‘‘(c) PROPOSED GUIDELINES.—Not later than 5 years after the date of the enactment of this Act [Oct. 31, 1986], the Equal Employment Opportunity Commission shall propose, in accordance with subchapter II of chap- ter 5 of title 5 of the United States Code, guidelines for the administration and use of physical and mental fit- ness tests to measure the ability and competency of po- lice officers and firefighters to perform the require- ments of their jobs.’’ § 623. Prohibition of age discrimination (a) Employer practices It shall be unlawful for an employer— (1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age; (2) to limit, segregate, or classify his em- ployees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such indi- vidual’s age; or (3) to reduce the wage rate of any employee in order to comply with this chapter. (b) Employment agency practices It shall be unlawful for an employment agency to fail or refuse to refer for employment, or oth- erwise to discriminate against, any individual because of such individual’s age, or to classify or refer for employment any individual on the basis of such individual’s age. (c) Labor organization practices It shall be unlawful for a labor organization— (1) to exclude or to expel from its member- ship, or otherwise to discriminate against, any individual because of his age; (2) to limit, segregate, or classify its mem- bership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any in- dividual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an em- ployee or as an applicant for employment, be- cause of such individual’s age; (3) to cause or attempt to cause an employer to discriminate against an individual in viola- tion of this section. (d) Opposition to unlawful practices; participa- tion in investigations, proceedings, or litiga- tion It shall be unlawful for an employer to dis- criminate against any of his employees or appli- cants for employment, for an employment agen- cy to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual, member or applicant for membership has opposed any practice made unlawful by this section, or because such indi- vidual, member or applicant for membership has made a charge, testified, assisted, or partici- pated in any manner in an investigation, pro- ceeding, or litigation under this chapter. (e) Printing or publication of notice or advertise- ment indicating preference, limitation, etc. It shall be unlawful for an employer, labor or- ganization, or employment agency to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification, or dis- crimination, based on age.