§ 622 TITLE 29—LABOR Page 132

this title] may be cited as the ‘Age Discrimination in

Employment Act Amendments of 1978’.’’

SHORT TITLE

Section 1 of Pub. L. 90–202 provided: ‘‘That this Act

[enacting this chapter] may be cited as the ‘Age Discrimination in Employment Act of 1967’.’’

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.

SEVERABILITY

Pub. L. 101–433, title III, §301, Oct. 16, 1990, 104 Stat.

984, provided that: ‘‘If any provision of this Act [see

Short Title of 1990 Amendment note above], or an

amendment made by this Act, or the application of

such provision to any person or circumstances is held

to be invalid, the remainder of this Act and the amendments made by this Act, and the application of such

provision to other persons and circumstances, shall not

be affected thereby.’’

CONGRESSIONAL FINDING

Pub. L. 101–433, title I, §101, Oct. 16, 1990, 104 Stat. 978,

provided that: ‘‘The Congress finds that, as a result of

the decision of the Supreme Court in Public Employees

Retirement System of Ohio v. Betts, 109 S.Ct. 256 (1989),

legislative action is necessary to restore the original

congressional intent in passing and amending the Age

Discrimination in Employment Act of 1967 (29 U.S.C.

621 et seq.), which was to prohibit discrimination

against older workers in all employee benefits except

when age-based reductions in employee benefit plans

are justified by significant cost considerations.’’

§ 622. Education and research program; recommendation to Congress

(a) The Secretary of Labor shall undertake

studies and provide information to labor unions,

management, and the general public concerning

the needs and abilities of older workers, and

their potentials for continued employment and

contribution to the economy. In order to

achieve the purposes of this chapter, the Secretary of Labor shall carry on a continuing program of education and information, under which

he may, among other measures—

(1) undertake research, and promote research, with a view to reducing barriers to the

employment of older persons, and the promotion of measures for utilizing their skills;

(2) publish and otherwise make available to

employers, professional societies, the various

media of communication, and other interested

persons the findings of studies and other materials for the promotion of employment;

(3) foster through the public employment

service system and through cooperative effort

the development of facilities of public and private agencies for expanding the opportunities

and potentials of older persons;

(4) sponsor and assist State and community

informational and educational programs.

(b) Not later than six months after the effective date of this chapter, the Secretary shall

recommend to the Congress any measures he

may deem desirable to change the lower or

upper age limits set forth in section 631 of this

title.

(Pub. L. 90–202, §3, Dec. 15, 1967, 81 Stat. 602.)

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec. (b), means the effective date of Pub. L. 90–202,

which is one hundred and eighty days after the enactment of this chapter, except that the Secretary of

Labor may extend the delay in effective date an additional ninety days thereafter for any provision to permit adjustments to such provisions. See section 16 of

Pub. L. 90–202, set out as a note under section 621 of

this title.

STUDY AND PROPOSED GUIDELINES RELATING TO POLICE

OFFICERS AND FIREFIGHTERS

Pub. L. 99–592, §5, Oct. 31, 1986, 100 Stat. 3343, provided

that:

‘‘(a) STUDY.—Not later than 4 years after the date of

enactment of this Act [Oct. 31, 1986], the Secretary of

Labor and the Equal Employment Opportunity Commission, jointly, shall—

‘‘(1) conduct a study—

‘‘(A) to determine whether physical and mental

fitness tests are valid measurements of the ability

and competency of police officers and firefighters

to perform the requirements of their jobs,

‘‘(B) if such tests are found to be valid measurements of such ability and competency, to determine

which particular types of tests most effectively

measure such ability and competency, and

‘‘(C) to develop recommendations with respect to

specific standards that such tests, and the administration of such tests should satisfy, and

‘‘(2) submit a report to the Speaker of the House of

Representatives and the President pro tempore of the

Senate that includes—

‘‘(A) a description of the results of such study,

and

‘‘(B) a statement of the recommendations developed under paragraph (1)(C).

‘‘(b) CONSULTATION REQUIREMENT.—The Secretary of

Labor and the Equal Employment Opportunity Commission shall, during the conduct of the study required

under subsection (a) and prior to the development of

recommendations under paragraph (1)(C), consult with

the United States Fire Administration, the Federal

Emergency Management Agency, organizations representing law enforcement officers, firefighters, and

their employers, and organizations representing older

Americans.

‘‘(c) PROPOSED GUIDELINES.—Not later than 5 years

after the date of the enactment of this Act [Oct. 31,

1986], the Equal Employment Opportunity Commission

shall propose, in accordance with subchapter II of chapter 5 of title 5 of the United States Code, guidelines for

the administration and use of physical and mental fitness tests to measure the ability and competency of police officers and firefighters to perform the requirements of their jobs.’’

§ 623. Prohibition of age discrimination

(a) Employer practices

It shall be unlawful for an employer—

(1) to fail or refuse to hire or to discharge

any individual or otherwise discriminate

against any individual with respect to his

compensation, terms, conditions, or privileges

of employment, because of such individual’s

age;

(2) to limit, segregate, or classify his employees in any way which would deprive or

tend to deprive any individual of employment

opportunities or otherwise adversely affect his

status as an employee, because of such individual’s age; or

(3) to reduce the wage rate of any employee

in order to comply with this chapter.