Age Discrimination Claims Assistance Act of 1988
PL 100-283 (S.2117), enacted 04/07/1988

102 STAT. 78 
PUBLIC LAW 100-283—APR. 7, 1988 
Public Law 100-283 
100th Congress 
An Act 
Anr 7 1988 
'^° extend the statute of limitations applicable to certain claims under the Age 
' 
Discrimination in Employment Act of 1967 that were filed with the Equal Employ-
to. ^11 (J 
ment Opportunity Commission before the date of enactment of this Act. 
Be it enacted 
by the Senate and House of Representatives 
of the 
Age 
United States of America 
in Congress 
assembled, 
Discrimination 
Claims 
SECTION 1. SHORT TITLE. 
1988 
This Act may be cited as the "Age Discrimination Claims Assist-
29 use 626 note, ance Act of 1988". 
29 u s e 626 note. 
SEC. 2. FINDINGS. 
The Congress finds that— 
(1) the Equal Employment Opportunity Commission (here-
after in this Act referred to as the "Commission") has failed to 
process an undetermined number of charges filed under the Age 
Discrimination in Employment Act of 1967 (29 U.S.C. 621-634) 
before the running of the statute of limitations applicable to 
bringing civil actions in the Federal courts under such Act, and 
(2) many persons who filed such charges with the Commission 
have lost the right to bring private civil actions with respect to 
the unlawful practices alleged in such charges. 
29 u s e 626 note. 
SEC. .3. EXTENSION OF STATUTE OF LIMITATIONS. 
Notwithstanding section 7(e) of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 626(e)), a civil action may be 
brought under section 7 of such Act by the Commission or an 
aggrieved person, during the 540-day period beginning on the date of 
enactment of this Act i
f
— 
(1) with respect to the alleged unlawful practice on which the 
claim in such civil action is based, a charge was timely filed 
under such Act with the Commission after December 31, 1983, 
(2) the Commission did not, within the applicable period set 
forth in section 7(e) either— 
(A) eliminate such alleged unlawful practice by informal 
methods of conciliation, conference, and persuasion, or 
(B) notify such person, in writing, of the disposition of 
such charge and of the right of such person to bring a civil 
action on such claim, 
(3) the statute of limitations applicable under such section 7(e) 
to such claim ran before the date of enactment of this Act, and 
(4) a civil action on such claim was not brought by the 
Commission or such person before the running of the statute of 
limitations. 
PUBLIC LAW 100-283—APR. 7, 1988 
102 STAT. 79 
SEC. 4. NOTICE OF STATUTE OF LIMITATIONS. 
29 USC 626 note. 
(a) NOTICE REGARDING CLAIMS FOR WHICH STATUTE OF LIMITATIONS 
IS EXTENDED.—Not later than 60 days after the date of enactment of 
this Act, the Commission shall provide the notice specified in subsec-
tion (b) to each person who has filed a charge to which section 3 
applies. 
(b) CONTENTS OF NOTICE.—The notice required to be provided 
under subsection (a) to a person shall be in writing and shall include 
the following information: 
(1) The rights and benefits to which such person is entitled 
under the Age Discrimination in Employment Act of 1967. 
(2) The date (which is 540 days after the date of the enactment 
of this Act) on which the statute of limitations applicable to 
such person's claim will run. 
(3) That such person may bring a civil action on such claim 
before the date specified in paragraph (2). 
SEC. 5. REPORTS. 
29 USC 626 note. 
(a) CONTENTS OF REPORTS.—For each 180-day period in the 540-day 
period beginning on the date of enactment of this Act, the Commis-
sion shall submit a written report that includes all of the following 
information: 
(1) The number of persons who have claims to which section 3 
applies and the dates charges based on such claims were filed 
with the Commission. 
(2) The number of persons to whom notice was provided in 
accordance with section 4(a) and the date the notice was 
provided. 
(3) With respect to alleged unlawful practices on which claims 
affected by section 3 are based, the number of such alleged 
unlawful practices that the Commission has attempted to elimi-
nate by informal methods of conciliation, conference, and 
persuasion in the 180-day period for which the report is 
submitted. 
(4) The number of alleged unlawful practices referred to in 
paragraph (3) that were so eliminated in such period. 
(5) The number of civil actions filed by the Commission on 
behalf of persons to whom notice was sent under section 4. 
(b) SUBMISSION OF REPORTS.—Each report required by subsection 
(a) shall be submitted by the Commission to— 
102 STAT. 80 
PUBLIC LAW 100-283—APR. 7, 1988 
(1) the Committee on Education and Labor, and the Select 
Committee on Aging, of the House of Representatives, and 
(2) the Committee on Labor and Human Resources, and the 
Special Committee on Aging, of the Senate, 
not later than 30 days after the expiration of the 180-day period for 
which such report is required. 
Approved April 7, 1988. 
LEGISLATIVE HISTORY—S. 2117: 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Mar. 17, considered and passed Senate. 
Mar. 29, considered and passed House.