29 U.S.C. § 633a — Nondiscrimination on account of age in

Page 162 TITLE 29—LABOR § 633a (b) Limitation of Federal action upon commence- ment of State proceedings In the case of an alleged unlawful practice oc- curring in a State which has a law prohibiting discrimination in employment because of age and establishing or authorizing a State author- ity to grant or seek relief from such discrimina- tory practice, no suit may be brought under sec- tion 626 of this title before the expiration of sixty days after proceedings have been com- menced under the State law, unless such pro- ceedings have been earlier terminated: Provided, That such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective date of such State law. If any requirement for the commencement of such proceedings is imposed by a State author- ity other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the ap- propriate State authority. (Pub. L. 90–202, § 14, Dec. 15, 1967, 81 Stat. 607.) 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. § 633a. Nondiscrimination on account of age in Federal Government employment (a) Federal agencies affected All personnel actions affecting employees or applicants for employment who are at least 40 years of age (except personnel actions with re- gard to aliens employed outside the limits of the United States) in military departments as de- fined in section 102 of title 5, in executive agen- cies as defined in section 105 of title 5 (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Regulatory Commission, in those units in the government of the District of Columbia having positions in the competitive service, and in those units of the judicial branch of the Federal Government having positions in the competitive service, in the Smithsonian Institution, and in the Government Publishing Office, the Govern- ment Accountability Office, and the Library of Congress shall be made free from any discrimi- nation based on age. (b) Enforcement by Equal Employment Oppor- tunity Commission and by Librarian of Con- gress in the Library of Congress; remedies; rules, regulations, orders, and instructions of Commission: compliance by Federal agen- cies; powers and duties of Commission; noti- fication of final action on complaint of dis- crimination; exemptions: bona fide occupa- tional qualification Except as otherwise provided in this sub- section, the Equal Employment Opportunity Commission is authorized to enforce the provi- sions of subsection (a) through appropriate rem- edies, including reinstatement or hiring of em- ployees with or without backpay, as will effec- tuate the policies of this section. The Equal Em- ployment Opportunity Commission shall issue such rules, regulations, orders, and instructions as it deems necessary and appropriate to carry out its responsibilities under this section. The Equal Employment Opportunity Commission shall— (1) be responsible for the review and evalua- tion of the operation of all agency programs designed to carry out the policy of this sec- tion, periodically obtaining and publishing (on at least a semiannual basis) progress reports from each department, agency, or unit re- ferred to in subsection (a); (2) consult with and solicit the recommenda- tions of interested individuals, groups, and or- ganizations relating to nondiscrimination in employment on account of age; and (3) provide for the acceptance and processing of complaints of discrimination in Federal em- ployment on account of age. The head of each such department, agency, or unit shall comply with such rules, regulations, orders, and instructions of the Equal Employ- ment Opportunity Commission which shall in- clude a provision that an employee or applicant for employment shall be notified of any final ac- tion taken on any complaint of discrimination filed by him thereunder. Reasonable exemptions to the provisions of this section may be estab- lished by the Commission but only when the Commission has established a maximum age re- quirement on the basis of a determination that age is a bona fide occupational qualification necessary to the performance of the duties of the position. With respect to employment in the Library of Congress, authorities granted in this subsection to the Equal Employment Oppor- tunity Commission shall be exercised by the Li- brarian of Congress. (c) Civil actions; jurisdiction; relief Any person aggrieved may bring a civil action in any Federal district court of competent juris- diction for such legal or equitable relief as will effectuate the purposes of this chapter. (d) Notice to Commission; time of notice; Com- mission notification of prospective defend- ants; Commission elimination of unlawful practices When the individual has not filed a complaint concerning age discrimination with the Commis- sion, no civil action may be commenced by any individual under this section until the indi- vidual has given the Commission not less than thirty days’ notice of an intent to file such ac- tion. Such notice shall be filed within one hun- dred and eighty days after the alleged unlawful practice occurred. Upon receiving a notice of in- tent to sue, the Commission shall promptly no- tify all persons named therein as prospective de- fendants in the action and take any appropriate action to assure the elimination of any unlawful practice. (e) Duty of Government agency or official Nothing contained in this section shall relieve any Government agency or official of the re- Page 163 TITLE 29—LABOR § 634 sponsibility to assure nondiscrimination on ac- count of age in employment as required under any provision of Federal law. (f) Applicability of statutory provisions to per- sonnel action of Federal departments, etc. Any personnel action of any department, agency, or other entity referred to in subsection (a) of this section shall not be subject to, or af- fected by, any provision of this chapter, other than the provisions of sections 626(d)(3) and 631(b) of this title and the provisions of this sec- tion. (g) Study and report to President and Congress by Equal Employment Opportunity Commis- sion; scope (1) The Equal Employment Opportunity Com- mission shall undertake a study relating to the effects of the amendments made to this section by the Age Discrimination in Employment Act Amendments of 1978, and the effects of section 631(b) of this title. (2) The Equal Employment Opportunity Com- mission shall transmit a report to the President and to the Congress containing the findings of the Commission resulting from the study of the Commission under paragraph (1) of this sub- section. Such report shall be transmitted no later than January 1, 1980. (Pub. L. 90–202, § 15, as added Pub. L. 93–259, § 28(b)(2), Apr. 8, 1974, 88 Stat. 74; amended Pub. L. 95–256, § 5(a), (e), Apr. 6, 1978, 92 Stat. 191; 1978 Reorg. Plan No. 1, eff. Jan. 1, 1979, § 2, 43 F.R. 19807, 92 Stat. 3781; Pub. L. 104–1, title II, § 201(c)(2), Jan. 23, 1995, 109 Stat. 8; Pub. L. 105–220, title III, § 341(b), Aug. 7, 1998, 112 Stat. 1092; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242; Pub. L. 111–2, § 5(c)(3), Jan. 29, 2009, 123 Stat. 7; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes REFERENCES IN TEXT The amendments made to this section by the Age Discrimination in Employment Act Amendments of 1978, referred to in subsec. (g)(1), are amendments by section 5(a) and (e) of Pub. L. 95–256, which amended subsecs. (a), (f), and (g) of this section. AMENDMENTS 2009—Subsec. (f). Pub. L. 111–2 substituted ‘‘of sec- tions 626(d)(3) and’’ for ‘‘of section’’. 2006—Subsec. (a). Pub. L. 109–435 substituted ‘‘Postal Regulatory Commission’’ for ‘‘Postal Rate Commis- sion’’. 2004—Subsec. (a). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1998—Subsec. (a). Pub. L. 105–220 inserted ‘‘in the Smithsonian Institution,’’ before ‘‘and in the Govern- ment Printing Office’’. 1995—Subsec. (a). Pub. L. 104–1 substituted ‘‘units of the judicial branch’’ for ‘‘units of the legislative and ju- dicial branches’’ and inserted ‘‘Government Printing Office, the General Accounting Office, and the’’ before ‘‘Library of Congress’’. 1978—Subsec. (a). Pub. L. 95–256, § 5(a), inserted age requirement of at least 40 years of age, and ‘‘personnel actions’’ after ‘‘except’’. Subsecs. (f), (g). Pub. L. 95–256, § 5(e), added subsecs. (f) and (g). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in subsec. (a) on author- ity of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–2 effective as if enacted May 28, 2007, and applicable to certain claims of dis- crimination in compensation pending on or after that date, see section 6 of Pub. L. 111–2, set out as a note under section 2000e–5 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–220, title III, § 341(d), Aug. 7, 1998, 112 Stat. 1092, which provided that amendments made by sub- sections (a), (b), and (c) (amending this section, section 791 of this title, and section 2000e–16 of Title 42, The Public Health and Welfare) would take effect on Aug. 7, 1998, and would be applicable to and may be raised in any administrative or judicial claim or action brought before Aug. 7, 1998, but pending on such date, and any administrative or judicial claim or action brought after Aug. 7, 1998, regardless of whether the claim or action arose prior to such date, if the claim or action was brought within the applicable statute of limitations, was repealed by Pub. L. 113–128, title V, § 511(a), July 22, 2014, 128 Stat. 1705. EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–1 effective 1 year after Jan. 23, 1995, see section 1311(e) of Title 2, The Congress. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–256, § 5(f), Apr. 6, 1978, 92 Stat. 192, provided that: ‘‘The amendments made by this section [amend- ing this section and sections 8335 and 8339 of Title 5, Government Organization and Employees, and repeal- ing section 3322 of Title 5] shall take effect on Sep- tember 30, 1978, except that section 15(g) of the Age Dis- crimination in Employment Act of 1967, as amended by subsection (e) of this section [subsec. (g) of this sec- tion], shall take effect on the date of enactment of this Act [Apr. 6, 1978].’’ EFFECTIVE DATE Section effective May 1, 1974, see section 29(a) of Pub. L. 93–259, set out as an Effective Date of 1974 Amend- ment note under section 202 of this title. Executive Documents TRANSFER OF FUNCTIONS ‘‘Equal Employment Opportunity Commission’’ sub- stituted for ‘‘Civil Service Commission’’ in subsecs. (b) and (g) pursuant to 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, which trans- ferred all functions vested by this section in Civil Serv- ice Commission to Equal Employment Opportunity Commission, effective Jan. 1, 1979, as provided by sec- tion 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. § 634. Authorization of appropriations There are hereby authorized to be appro- priated such sums as may be necessary to carry out this chapter. (Pub. L. 90–202, § 17, formerly § 16, Dec. 15, 1967, 81 Stat. 608; renumbered and amended Pub. L. 93–259, § 28(a)(5), (b)(1), Apr. 8, 1974, 88 Stat. 74; Pub. L. 95–256, § 7, Apr. 6, 1978, 92 Stat. 193.)