Age Discrimination Employment Act

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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. 


Editor's Note
Act
Statement of finding and purpose
Education and research program
Prohibition of age discrimination
Study by secretary of labor
Administration
Recordkeeping, Investigation, and enforcement
Notice to be posted
Rules and regulations
Criminal penalties
Definitions
Age limitations
Annual report
Federal-state relationship
Nondiscrimination on account of age in federal government employment
Effective date
Appropriations