Age Discrimination Employment Act
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RECORDKEEPING, INVESTIGATION, AND ENFORCEMENT
SEC. 626. [Section 7]
(a) The Equal Employment Opportunity Commission shall have the power
to make investigations and require the keeping of records necessary or
appropriate for the administration of this chapter in accordance with the
powers and procedures provided in sec tions 209 and 211 of this title
[sections 9 and 11 of the Fair Labor Standards Act of 1938, as
amended].
(b) The provisions of this chapter shall be enforced in accordance with
the powers, remedies, and procedures provided in sections 211(b), 216
(except for subsection (a) thereof), and 217 of this title [sections
11(b), 16 (except for subsection (a) ther eof), and 17 of the Fair Labor
Standards Act of 1938, as amended], and subsection (c) of this
section. Any act prohibited under section 623 of this title [section
4] shall be deemed to be a prohibited act under section 215 of this
title [sec tion 15 of the Fair Labor Standards Act of 1938, as
amended]. Amounts owing to a person as a result of a violation of this
chapter shall be deemed to be unpaid minimum wages or unpaid overtime
compensation for purposes of sections 216 and 217 of this title
[sections 16 and 17 of the Fair Labor Standards Act of 1938, as
amended]: Provided, That liquidated damages shall be payable only in
cases of willful violations of this chapter. In any action brought to
enforce this chapter the court shall have jurisdiction to grant such legal
or equitable relief as may be appropriate to effectuate the purposes of
this chapter, including without limitation judgments compelling
employment, reinstatement or promotion, or enforcing the liability for
amounts de emed to be unpaid minimum wages or unpaid overtime compensation
under this section. Before instituting any action under this section, the
Equal Employment Opportunity Commission shall attempt to eliminate the
discriminatory practice or practices alleged, and to effect voluntary
compliance with the requirements of this chapter through informal methods
of conciliation, conference, and persuasion.
(c) (1) Any person aggrieved may bring a civil action in any court of
competent jurisdiction for such legal or equitable relief as will
effectuate the purposes of this chapter: Provided, That the right of any
person to bring such action shall terminate upon the commencement of an
action by the Equal Employment Opportunity Commission to enforce the right
of such employee under this chapter.
(2) In an action brought under paragraph (1), a person shall be
entitled to a trial by jury of any issue of fact in any such action for
recovery of amounts owing as a result of a violation of this chapter,
regardless of whether equitable relief is sought by any party in such
action.
(d) No civil action may be commenced by an individual under this section
until 60 days after a charge alleging unlawful discrimination has been
filed with the Equal Employment Opportunity Commission. Such a charge
shall be filed-
(1) within 180 days after the alleged unlawful practice occurred;
or
(2) in a case to which section 633(b) of this title applies, within
300 days after the alleged unlawful practice occurred, or within 30 days
after receipt by the individual of notice of termination of proceedings
under State law, whichever is earlier.
Upon receiving such a charge, the Commission shall promptly notify all
persons named in such charge as prospective defendants in the action and
shall promptly seek to eliminate any alleged unlawful practice by informal
methods of conciliation, conference, and persuasion.
(e) Section 259 of this title [section 10 of the Portal-to-Portal
Act of 1947] shall apply to actions under this chapter. If a charge
filed with the Commission under this chapter is dismissed or the
proceedings of the Commission are otherwise te rminated by the Commission,
the Commission shall notify the person aggrieved. A civil action may be
brought under this section by a person defined in section 630(a) of this
title [section 11(a)] against the respondent named in the charge
within 90 days after the date of the receipt of such notice.
(f) (1) An individual may not waive any right or claim under this
chapter unless the waiver is knowing and voluntary. Except as provided in
paragraph (2), a waiver may not be considered knowing and voluntary unless
at a minimum-
(A) the waiver is part of an agreement between the individual and
the employer that is written in a manner calculated to be understood by
such individual, or by the average individual eligible to participate;
(B) the waiver specifically refers to rights or claims arising
under this chapter;
(C) the individual does not waive rights or claims that may arise
after the date the waiver is executed;
(D) the individual waives rights or claims only in exchange for
consideration in addition to anything of value to which the individual
already is entitled;
(E) the individual is advised in writing to consult with an
attorney prior to executing the agreement;
(F) (i) the individual is given a period of at least 21 days within
which to consider the agreement; or
(ii) if a waiver is requested in connection with an exit incentive
or other employment termination program offered to a group or class of
employees, the individual is given a period of at least 45 days within
which to consider the agreement;
(G) the agreement provides that for a period of at least 7 days
following the execution of such agreement, the individual may revoke the
agreement, and the agreement shall not become effective or enforceable
until the revocation period has expired;
(H) if a waiver is requested in connection with an exit incentive
or other employment termination program offered to a group or class of
employees, the employer (at the commencement of the period specified in
subparagraph (F)) informs the individual in writing in a manner calculated
to be understood by the average individual eligible to participate, as to-
(i) any class, unit, or group of individuals covered by such
program, any eligibility factors for such program, and any time limits
applicable to such program; and
(ii) the job titles and ages of all individuals eligible or
selected for the program, and the ages of all individuals in the same job
classification or organizational unit who are not eligible or selected for
the program.
(2) A waiver in settlement of a charge filed with the Equal
Employment Opportunity Commission, or an action filed in court by the
individual or the individual's representative, alleging age discrimination
of a kind prohibited under section 623 or 633a of this title [section 4
or 15] may not be considered knowing and voluntary unless at a
minimum-
(A) subparagraphs (A) through (E) of paragraph (1) have been met;
and
(B) the individual is given a reasonable period of time within
which to consider the settlement agreement.
(3) In any dispute that may arise over whether any of the
requirements, conditions, and circumstances set forth in subparagraph (A),
(B), (C), (D), (E), (F), (G), or (H) of paragraph (1), or subparagraph (A)
or (B) of paragraph (2), have been met, the party asserting the validity
of a waiver shall have the burden of proving in a court of competent
jurisdiction that a waiver was knowing and voluntary pursuant to paragraph
(1) or (2).
(4) No waiver agreement may affect the Commission's rights and
responsibilities to enforce this chapter. No waiver may be used to justify
interfering with the protected right of an employee to file a charge or
participate in an investigation or proceeding conducted by the Commission.
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