§ 627 TITLE 29—LABOR Page 142

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.

(Pub. L. 90–202, §7, Dec. 15, 1967, 81 Stat. 604; Pub.

L. 95–256, §4(a), (b)(1), (c)(1), Apr. 6, 1978, 92 Stat.

190, 191; 1978 Reorg. Plan No. 1, §2, eff. Jan. 1,

1979, 43 F.R. 19807, 92 Stat. 3781; Pub. L. 101–433,

title II, §201, Oct. 16, 1990, 104 Stat. 983; Pub. L.

102–166, title I, §115, Nov. 21, 1991, 105 Stat. 1079.)

AMENDMENTS

1991—Subsec. (e). Pub. L. 102–166 struck out par. (1)

designation, substituted ‘‘Section’’ for ‘‘Sections 255

and’’, inserted at end ‘‘If a charge filed with the Commission under this chapter is dismissed or the proceedings of the Commission are otherwise terminated 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

against the respondent named in the charge within 90

days after the date of the receipt of such notice.’’, and

struck out par. (2) which read as follows: ‘‘For the period during which the Equal Employment Opportunity

Commission is attempting to effect voluntary compliance with requirements of this chapter through informal methods of conciliation, conference, and persuasion pursuant to subsection (b) of this section, the statute of limitations as provided in section 255 of this title

shall be tolled, but in no event for a period in excess of

one year.’’

1990—Subsec. (f). Pub. L. 101–433 added subsec. (f).

1978—Subsec. (c). Pub. L. 95–256, §4(a), designated existing provisions as par. (1) and added par. (2).

Subsec. (d). Pub. L. 95–256, §4(b)(1), substituted references to the filing of a charge with the Secretary alleging unlawful discrimination for references to the filing with the Secretary of notice of intent to sue.

Subsec. (e). Pub. L. 95–256, §4(c)(1), designated existing provisions as par. (1) and added par. (2).

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102–166 effective Nov. 21, 1991,

except as otherwise provided, see section 402 of Pub. L.

102–166, set out as a note under section 1981 of Title 42,

The Public Health and Welfare.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 202(a) of Pub. L. 101–433 provided that: ‘‘The

amendment made by section 201 [amending this section] shall not apply with respect to waivers that occur

before the date of enactment of this Act [Oct. 16, 1990].’’

EFFECTIVE DATE OF 1978 AMENDMENT

Section 4(b)(2) of Pub. L. 95–256 provided that: ‘‘The

amendment made by paragraph (1) of this subsection

[amending this section] shall take effect with respect

to civil actions brought after the date of enactment of

this Act [Apr. 6, 1978].’’

Section 4(c)(2) of Pub. L. 95–256 provided that: ‘‘The

amendment made by paragraph (1) of this subsection

[amending this section] shall take effect with respect

to conciliations commenced by the Secretary of Labor

after the date of enactment of this Act [Apr. 6, 1978].’’

TRANSFER OF FUNCTIONS

‘‘Equal Employment Opportunity Commission’’ and

‘‘Commission’’ substituted for ‘‘Secretary’’, meaning

Secretary of Labor, pursuant to 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, which transferred all functions vested by this

section in Secretary of Labor to Equal Employment

Opportunity Commission, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978,

44 F.R. 1053.

RULE ON WAIVERS

Section 202(b) of Pub. L. 101–433 provided that: ‘‘Effective on the date of enactment of this Act [Oct. 16, 1990],

the rule on waivers issued by the Equal Employment

Opportunity Commission and contained in section

1627.16(c) of title 29, Code of Federal Regulations, shall

have no force and effect.’’

AGE DISCRIMINATION CLAIMS ASSISTANCE

Pub. L. 100–283, Apr. 7, 1988, 102 Stat. 78, as amended

by Pub. L. 101–504, §2, Nov. 3, 1990, 104 Stat. 1298, provided extension period for filing civil actions under this

section, such period consisting of 450 days beginning on

Apr. 7, 1988, in cases where a charge was timely filed

with the Equal Employment Opportunity Commission

after Dec. 31, 1983, and 450 days beginning on Nov. 3,

1990, in cases where a charge was timely filed after Apr.

6, 1985, but the Commission did not, within the applicable period set forth in subsec. (e) of this section either

eliminate the alleged unlawful practice or notify the

complainant, in writing, of the disposition of the

charge and of right of such person to bring civil action

on such claim; required the Commission to provide notice regarding claims for which extension period was

applicable; and required the Commission to submit reports to Congress containing, among other things, information as to number of persons eligible for extension period and number of persons who were provided

notice regarding claims for which extension period was

provided.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 633 of this title;

title 2 section 1311; title 3 section 411.

§ 627. Notices to be posted

Every employer, employment agency, and

labor organization shall post and keep posted in

conspicuous places upon its premises a notice to

be prepared or approved by the Equal Employment Opportunity Commission setting forth information as the Commission deems appropriate

to effectuate the purposes of this chapter.

(Pub. L. 90–202, §8, Dec. 15, 1967, 81 Stat. 605; 1978

Reorg. Plan No. 1, §2, eff. Jan. 1, 1979, 43 F.R.

19807, 92 Stat. 3781.)

TRANSFER OF FUNCTIONS

‘‘Equal Employment Opportunity Commission’’ and

‘‘Commission’’ substituted in text for ‘‘Secretary’’,

meaning Secretary of Labor, pursuant to 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, which transferred all functions vested by

this section in Secretary of Labor to Equal Employment Opportunity Commission, effective Jan. 1, 1979, as

provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28,

1978, 44 F.R. 1053.

§ 628. Rules and regulations; exemptions

In accordance with the provisions of subchapter II of chapter 5 of title 5, the Equal Employment Opportunity Commission may issue

such rules and regulations as it may consider

necessary or appropriate for carrying out this

chapter, and may establish such reasonable exemptions to and from any or all provisions of

this chapter as it may find necessary and proper

in the public interest.

(Pub. L. 90–202, §9, Dec. 15, 1967, 81 Stat. 605; 1978

Reorg. Plan No. 1, §2, eff. Jan. 1, 1979, 43 F.R.

19807, 92 Stat. 3781.)

TRANSFER OF FUNCTIONS

‘‘Equal Employment Opportunity Commission’’ and

‘‘it’’ substituted in text for ‘‘Secretary of Labor’’ and