Age Discrimination Employment Act
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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.
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