Page 131 TITLE 29—LABOR § 621

Sec.

(c) Civil actions; persons aggrieved; jurisdiction; judicial relief; termination

of individual action upon commencement of action by Commission; jury trial.

(d) Filing of charge with Commission;

timeliness; conciliation, conference,

and persuasion.

(e) Reliance on administrative rulings;

notice of dismissal or termination;

civil action after receipt of notice.

(f) Waiver.

627. Notices to be posted.

628. Rules and regulations; exemptions.

629. Criminal penalties.

630. Definitions.

631. Age limits.

(a) Individuals at least 40 years of age.

(b) Employees or applicants for employment in Federal Government.

(c) Bona fide executives or high policymakers.

632. Annual report to Congress.

633. Federal-State relationship.

(a) Federal action superseding State action.

(b) Limitation of Federal action upon

commencement of State proceedings.

633a. Nondiscrimination on account of age in Federal Government employment.

(a) Federal agencies affected.

(b) Enforcement by Equal Employment

Opportunity Commission and by Librarian of Congress in the Library

of Congress; remedies; rules, regulations, orders, and instructions of

Commission: compliance by Federal

agencies; powers and duties of Commission; notification of final action

on complaint of discrimination; exemptions: bona fide occupational

qualification.

(c) Civil actions; jurisdiction; relief.

(d) Notice to Commission; time of notice;

Commission notification of prospective defendants; Commission elimination of unlawful practices.

(e) Duty of Government agency or official.

(f) Applicability of statutory provisions

to personnel action of Federal departments, etc.

(g) Study and report to President and

Congress by Equal Employment Opportunity Commission; scope.

634. Authorization of appropriations.

CROSS REFERENCES

Age discrimination in federally assisted programs,

see section 6101 et seq. of Title 42, The Public Health

and Welfare.

Civil rights, Federally assisted programs, see section

2000d et seq. of Title 42.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 2 sections 1302,

1311, 1371, 1434; title 3 sections 402, 411; title 42 sections

3012, 3056a, 6103.

§ 621. Congressional statement of findings and

purpose

(a) The Congress hereby finds and declares

that—

(1) in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment

when displaced from jobs;

(2) the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons;

(3) the incidence of unemployment, especially long-term unemployment with resultant

deterioration of skill, morale, and employer

acceptability is, relative to the younger ages,

high among older workers; their numbers are

great and growing; and their employment

problems grave;

(4) the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and

the free flow of goods in commerce.

(b) It is therefore the purpose of this chapter

to promote employment of older persons based

on their ability rather than age; to prohibit arbitrary age discrimination in employment; to

help employers and workers find ways of meeting problems arising from the impact of age on

employment.

(Pub. L. 90–202, §2, Dec. 15, 1967, 81 Stat. 602.)

EFFECTIVE DATE; RULES AND REGULATIONS

Section 16, formerly §15, of Pub. L. 90–202, renumbered by Pub. L. 93–259, §28(b)(1), Apr. 8, 1974, 88 Stat.

74, provided that: ‘‘This Act [enacting this chapter]

shall become effective one hundred and eighty days

after enactment [Dec. 15, 1967], except (a) that the Secretary of Labor may extend the delay in effective date

of any provision of this Act up to and 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 [Dec. 15, 1967]

the Secretary of Labor is authorized to issue such rules

and regulations as may be necessary to carry out its

provisions.’’

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104–208, div. A, title I, §101(a) [title I, §119],

Sept. 30, 1996, 110 Stat. 3009, 3009–23, provided in part

that: ‘‘This section [amending section 623 of this title,

enacting provisions set out as notes under section 623

of this title, and repealing provisions set out as a note

under section 623 of this title] may be cited as the ‘Age

Discrimination in Employment Amendments of 1996’.’’

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101–433, §1, Oct. 16, 1990, 104 Stat. 978, provided

that: ‘‘This Act [amending sections 623, 626, and 630 of

this title and enacting provisions set out as notes

under this section and sections 623 and 626 of this title]

may be cited as the ‘Older Workers Benefit Protection

Act’.’’

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99–592, §1, Oct. 31, 1986, 100 Stat. 3342, provided

that: ‘‘This Act [amending sections 623, 630, and 631 of

this title and enacting provisions set out as notes

under sections 622 to 624 and 631 of this title] may be

cited as the ‘Age Discrimination in Employment

Amendments of 1986’.’’

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95–256, §1, Apr. 6, 1978, 92 Stat. 189, provided

that: ‘‘This Act [amending sections 623, 624, 626, 631,

633a, and 634 of this title and sections 8335 and 8339 of

Title 5, Government Organization and Employees, repealing section 3322 of Title 5, and enacting provisions

set out as notes under sections 623, 626, 631, and 633a of