Age Discrimination In Employment Act



NOTICE TO BE POSTED

SEC. 627. [Section 8]

Every employer, employment agency, and labor organization shall post
and keep posted in conspicuous places upon its premises a notice to be
prepared or approved by the Equal Employment Opportunity Commission
setting forth information as the Commission
deems appropriate to effectuate the purposes of this chapter.

RULES AND REGULATIONS


SEC. 628. [Section 9]

In accordance with the provisions of subchapter II of chapter 5 of
title 5 [United States Code], the Equal Employment Opportunity
Commission may issue such rules and regulations as it may consider
necessary or appropriate for carrying out this chapter, and may establish
such reasonable exemptions to and from any or all provisions of this
chapter as it may find necessary and proper in the public interest.

CRIMINAL PENALTIES

SEC. 629. [Section 10]

Whoever shall forcibly resist, oppose, impede, intimidate or interfere
with a duly authorized representative of the Equal Employment Opportunity
Commission while it is engaged in the performance of duties under this
chapter shall be punished by a fine of not more than $500 or by
imprisonment for not more than one year, or by both:  Provided, however,
That no person shall be imprisoned under this section except when there
has been a prior conviction hereunder.

DEFINITIONS

SEC. 630. [Section 11]

For the purposes of this chapter-

(a) The term ``person'' means one or more individuals, partnerships,
associations, labor organizations, corporations, business trust, legal
representatives, or any organized groups of persons.

(b) The term ``employer'' means a person engaged in an industry affecting
commerce who has twenty or more employees for each working day in each of
twenty or more calendar weeks in the current or preceding calendar year:
Provided, That prior to June 30, 1968, employers having fewer than fifty
employees shall not be considered employers. The term also means (1) any
agent of such a person, and (2) a State or political subdivision of a
State and any agency or instrumentality of a State or a political subdiv
ision of a State, and any interstate agency, but such term does not
include the United States, or a corporation wholly owned by the Government
of the United States.

(c) The term ``employment agency'' means any person regularly undertaking
with or without compensation to procure employees for an employer and
includes an agent of such a person; but shall not include an agency of the
United States.

(d) The term ``labor organization'' means a labor organization engaged in
an industry affecting commerce, and any agent of such an organization, and
includes any organization of any kind, any agency, or employee
representation committee, group, associatio n, or plan so engaged in which
employees participate and which exists for the purpose, in whole or in
part, of dealing with employers concerning grievances, labor disputes,
wages, rates of pay, hours, or other terms or conditions of employment,
and any co nference, general committee, joint or system board, or joint
council so engaged which is subordinate to a national or international
labor organization.

(e) A labor organization shall be deemed to be engaged in an industry
affecting commerce if (1) it maintains or operates a hiring hall or hiring
office which procures employees for an employer or procures for employees
opportunities to work for an employer, or (2) the number of its members
(or, where it is a labor organization composed of other labor
organizations or their representatives, if the aggregate number of the
members of such other labor organization) is fifty or more prior to July
1, 1968, or twenty­five or more on or after July 1, 1968, and such
labor organization-

   (1) is the certified representative of employees under the
provisions of the National Labor Relations Act, as amended [29 U.S.C.
151 et seq.]
, or the Railway Labor Act, as amended [45 U.S.C. 151
et seq.]
; or

   (2) although not certified, is a national or international labor
organization or a local labor organization recognized or acting as the
representative of employees of an employer or employers engaged in an
industry affecting commerce; or

   (3) has chartered a local labor organization or subsidiary body
which is representing or actively seeking to represent employees of
employers within the meaning of paragraph (1) or (2); or

   (4) has been chartered by a labor organization representing or
actively seeking to represent employees within the meaning of paragraph
(1) or (2) as the local or subordinate body through which such employees
may enjoy membership or become affiliated with such labor organization; or

   (5) is a conference, general committee, joint or system board, or
joint council subordinate to a national or international labor
organization, which includes a labor organization engaged in an industry
affecting commerce within the meaning of any of the preceding paragraphs
of this subsection.

(f) The term ``employee'' means an individual employed by any employer
except that the term ``employee'' shall not include any person elected to
public office in any State or political subdivision of any State by the
qualified voters thereof, or any person chosen by such officer to be on
such officer's personal staff, or an appointee on the policymaking level
or an immediate adviser with respect to the exercise of the constitutional
or legal powers of the office. The exemption set forth in the preceding
sentence shall not include employees subject to the civil service laws of
a State government, governmental agency, or political subdivision. The
term ``employee'' includes any individual who is a citizen of the United
States employed by an employer in a workplace in a foreign country.

[The exclusion from the term "employee" of any person chosen
by an elected official "to be on such official's personal staff, or
an appointee on the policymaking level or an immediate advisor with
respect to the exercise of the constitutional or legal powers of the
office," remains in section 11(f).  However, the Civil Rights Act of
1991 now provides special procedures for such persons who feel they are
victims of age and other types of discrimination prohibited by EEOC
enforced statutes.  See section 321 of the Civil Rights Act of
1991.]

(g) The term ``commerce'' means trade, traffic, commerce,
transportation, transmission, or communication among the several States;
or between a State and any place outside thereof; or within the District
of Columbia, or a possession of the United Statjes; or between points in
the same State but through a point outside thereof.

(h) The term ``industry affecting commerce'' means any activity, business,
or industry in commerce or in which a labor dispute would hinder or
obstruct commerce or the free flow of commerce and includes any activity
or industry ``affecting commerce'' within the meaning of the
Labor­Management Reporting and Disclosure Act of 1959 [29 U.S.C.
401 et seq.]
.

(i) The term ``State'' includes a State of the United States, the District
of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake
Island, the Canal Zone, and Outer Continental Shelf lands defined in the
Outer Continental Shelf Lands Act [43 U.S.C. 1331 et seq.].

(j) The term ``firefighter'' means an employee, the duties of whose
position are primarily to perform work directly connected with the control
and extinguishment of fires or the maintenance and use of firefighting
apparatus and equipment, including an employee engaged in this activity
who is transferred to a supervisory or administrative position.

(k) The term ``law enforcement officer'' means an employee, the duties of
whose position are primarily the investigation, apprehension, or detention
of individuals suspected or convicted of offenses against the criminal
laws of a State, including an employee engaged in this activity who is
transferred to a supervisory or administrative position. For the purpose
of this subsection, ``detention'' includes the duties of employees
assigned to guard individuals incarcerated in any penal institution.

(l) The term ``compensation, terms, conditions, or privileges of
employment'' encompasses all employee benefits, including such benefits
provided pursuant to a bona fide employee benefit plan.

AGE LIMITATION

SEC. 631. [Section 12]

(a) The prohibitions in this chapter [except the provisions of
section 4(g)]
shall be limited to individuals who are at least 40
years of age.

(b) In the case of any personnel action affecting employees or applicants
for employment which is subject to the provisions of section 633a of this
title [section 15], the prohibitions established in section 633a of
this title [section 15] shall be limited to individuals who are at
least 40 years of age.

(c) (1) Nothing in this chapter shall be construed to prohibit compulsory
retirement of any employee who has attained 65 years of age and who, for
the 2­year period immediately before retirement, is employed in a
bona fide executive or a high policymaking position, if such employee is
entitled to an immediate nonforfeitable annual retirement benefit from a
pension, profit­sharing, savings, or deferred compensation plan, or
any combination of such plans, of the employer of such employee, which
equals, in the aggregate, at least $44,000.

   (2) In applying the retirement benefit test of paragraph (1) of
this subsection, if any such retirement benefit is in a form other than a
straight life annuity (with no ancillary benefits), or if employees
contribute to any such plan or make rollover contributions, such benefit
shall be adjusted in accordance with regulations prescribed by the Equal
Employment Opportunity Commission, after consultation with the Secretary
of the Treasury, so that the benefit is the equivalent of a straight life
annuity (with no ancillary benefits) under a plan to which employees do
not contribute and under which no rollover contributions are made.

(d) Nothing in this chapter shall be construed to prohibit compulsory
retirement of any employee who has attained 70 years of age, and who is
serving under a contract of unlimited tenure (or similar arrangement
providing for unlimited tenure) at an institution of higher education (as
defined by section 1141(a) of title 20 [section 1201(a) of the Higher
Education Act of 1965]
).

ANNUAL REPORT

SEC. 632. [Section 13]

The Equal Employment Opportunity Commission shall submit annually in
January a report to the Congress covering its activities for the preceding
year and including such information, data and recommendations for further
legislation in connection with the matters covered by this chapter as it
may find advisable. Such report shall contain an evaluation and appraisal
by the Commission of the effect of the minimum and maximum ages
established by this chapter, together with its recommendations to the
Congress. In making such evaluation and appraisal, the Commission shall
take into consideration any changes which may have occurred in the general
age level of the population, the effect of the chapter upon workers not
covered by its provisions, and such other factors as it may deem
pertinent.

FEDERAL-STATE RELATIONSHIP

SEC. 633. [Section 14]

(a) Nothing in this chapter shall affect the jurisdiction of any
agency of any State performing like functions with regard to
discriminatory employment practices on account of age except that upon
commencement of action under this chapter such action shall supersede any
State action.

(b) In the case of an alleged unlawful practice occurring in a State which
has a law prohibiting discrimination in employment because of age and
establishing or authorizing a State authority to grant or seek relief from
such discriminatory practice, no suit may be brought under section 626 of
this title [section 7] before the expiration of sixty days after
proceedings have been commenced under the State law, unless such
proceedings have been earlier terminated:  Provided, That such
sixty­day 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
authority 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 appropriate
State authority.

NONDISCRIMINATION ON ACCOUNT OF AGE IN FEDERAL GOVERNMENT EMPLOYMENT

SEC. 633a. [Section 15]

(a) All personnel actions affecting employees or applicants for
employment who are at least 40 years of age (except personnel actions with
regard to aliens employed outside the limits of the United States) in
military departments as defined in section 102 of title 5 [United
States Code]
, in executive agencies as defined in section 105 of title
5 [United States Code] (including employees and applicants for
employment who are paid from nonappropriated funds), in the United States
Postal Service and the Postal Rate Commission, in those units in the
government of the District of Columbia having positions in the competitive
service, and in those units of the legislative and judicial branches of
the Federal Government having positions in the competitive service, and in
the Library of Congress shall be made free from any discrimination based
on age.

(b) Except as otherwise provided in this subsection, the Equal Employment
Opportunity Commission is authorized to enforce the provisions of
subsection (a) of this section through appropriate remedies, including
reinstatement or hiring of employees with or without backpay, as will
effectuate the policies of this section. The Equal Employment 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 evaluation of the operation
of all agency programs designed to carry out the policy of this section,
periodically obtaining and publishing (on at least a semiannual basis)
progress reports from each department, agency, or unit referred to in
subsection (a) of this section;

   (2) consult with and solicit the recommendations of interested
individuals, groups, and organizations relating to nondiscrimination in
employment on account of age; and

   (3) provide for the acceptance and processing of complaints of
discrimination in Federal employment 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 Employment
Opportunity Commission which shall include a provision that an employee or
applicant for employment shall be notified of any final action taken on
any complaint of discrimination filed by him thereunder. Reasonable
exemptions to the provisions of this section may be established by the
Commission but only when the Commission has established a maximum age
requirement 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 Opportunity
Commission shall be exercised by the Librarian of Congress.

(c) Any person aggrieved may bring a civil action in any Federal district
court of competent jurisdiction for such legal or equitable relief as will
effectuate the purposes of this chapter.

(d) When the individual has not filed a complaint concerning age
discrimination with the Commission, no civil action may be commenced by
any individual under this section until the individual has given the
Commission not less than thirty days' notice of an intent to file such
action. Such notice shall be filed within one hundred and eighty days
after the alleged unlawful practice occurred. Upon receiving a notice of
intent to sue, the Commission shall promptly notify all persons named
therein as prospective defendants in the action and take any appropriate
action to assure the elimination of any unlawful practice.

(e) Nothing contained in this section shall relieve any Government agency
or official of the responsibility to assure nondiscrimination on account
of age in employment as required under any provision of Federal law.

(f) Any personnel action of any department, agency, or other entity
referred to in subsection (a) of this section shall not be subject to, or
affected by, any provision of this chapter, other than the provisions of
section 631(b) of this title [section 12(b)] and the provisions of
this section.

(g) (1) The Equal Employment Opportunity Commission 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 [section 12(b)], as added
by the Age Discrimination in Employment Act Amendments of 1978.

   (2) The Equal Employment Opportunity Commission 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 subsection. Such report shall be transmitted no later than January
1, 1980.

EFFECTIVE DATE

[Section 16 of the ADEA (not reproduced in the U.S. Code)]
 
This Act shall become effective one hundred and eighty days after
enactment, except (a) that the Secretary of Labor may extend the delay in
effective date of any provision of this Act up to an 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 the Secretary of Labor [EEOC] is authorized to issue such rules
and regulations as may be necessary to carry out its provisions.]

APPROPRIATIONS

SEC. 634. [Section 17]

There are hereby authorized to be appropriated such sums as may be
necessary to carry out this chapter.

[Approved December 15, 1967]

This page was last modified on January 15, 1997.

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