An Act to prohibit age discrimination in employment
PL 90-202 (S.830), enacted 12/15/1967

602 
PUBLIC LAW 90-202-DEC. 15, 1967 
[81 STAT. 
Public Law 90-202 
December 15, 1967 
-^^ A C T 
[S- 830] 
To prohibit age discrimination in employment. 
Be it enacted hy the Senate and House of Representatives 
of the 
Age Discrimina- United States of America in Congress assemhled^ That this Act may be 
ment^Act^'f 1967. Cited as the "Age Discrimination in Employment Act of 1067". 
STATEMENT OF FINDINGS AND PURPOSE 
SEC. 2. (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 dis-
placed 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 j 
(3) the incidence of unemployment, especially long-term un-
employment 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 Act 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. 
EDUCATION AND RESEARCH PROGRAM 
SEC. 3. (a) The Secretary of Labor shall undertake studies and pro-
vide 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 Act, 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, pro-
fessional 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 poten-
tials of older persons; 
(4) sponsor and assist State and community informational and 
educational programs. 
to^congTrs".'^^"°" 
(^) ^<^* 1^*®^ t^^n six months after the effective date of this Act, 
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 12. 
81 STAT.] 
PUBLIC LAW 90-202-DEC. 15, 1967 
603 
PROHIBITION OF AGE DISCRIMINATION 
SEC. 4. (a) 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 em-
ployment 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 Act. 
(b) It shall be unlawful for an employment agency to fail or refuse 
to refer for employment, or otherwise to discriminate against, any in-
dividual because of such individual's age, or to classify or refer for 
employment any individual on the basis of such individual's age. 
(c) It shall be unlawful for a labor organization— 
(1) to exclude or to expel from its membership, or otherwise 
to discriminate against, any individual because of his age; 
(2) to limit, segregate, or classify its membership, or to classify 
or fail or refuse to refer for employment any individual, in any 
way which would deprive or tend to deprive any individual of 
employment opportunities, or would limit such employment op-
portunities or otherwise adversely affect his status as an employee 
or as an applicant for employment, because of such individual's 
age; 
,. 
. . 
(3) to cause or attempt to cause an employer to discriminate 
against an individual in violation of this section. 
(d) It shall be unlawful for an employer to discriminate against 
any of his employees or applicants for employment, for an employ-
ment agency to discriminate against any individual, or for a labor 
organization to discriminate against any member thereof or applicant 
for membership, because such individual, member or applicant for 
membership has opposed any practice made unlawful by this section, 
or because such individual, member or applicant for membership has 
made a charge, testified, assisted, or participated in any manner in an 
investigation, proceeding, or litigation under this Act. 
(e) It shall be unlawful for an employer, labor organization, or 
employment agency to print or publish, or cause to be printed or pub-
lished, any notice or advertisement relating to employment by such an 
employer or membership in or any classification or referral for em-
ployment by such a labor organization, or relating to any classification 
or referral for employment by such an employment agency, indicating 
any preference, limitation, specification, or discrimination, based on 
age. 
(f) It shall not be unlawful for an employer, employment agency, or 
labor organization— 
(1) to take any action otherwise prohibited under subsections 
(a), (b), (c), or (e) of this section where age is a bona fide oc-
cupational qualification reasonably necessary to the normal opera-
tion of the particular business, or where the differentiation is based 
on reasonable factors other than age; 
(2) to observe the terms of a bona fide seniority system or any 
bona fide employee benefit plan such as a retirement, pension, 
or insurance plan, which is not a subterfuge to evade the purposes 
of this Act, except that no such employee benefit plan shall excuse 
the failure to hire any individual; or 
604 
PUBLIC LAW 90-202-DEC. 15, 1967 
[81 STAT. 
(3) to discharge or otherwise discipline an individual for good 
cause. 
STUDY BY SECRETARY OF LABOR 
Reports to Pres- 
gj,^ 5 rj^j-^^ Secretary of Labor is directed to undertake an appro-
i d e n t a n d C o n - 
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gress. 
priate study or institutional and other arrangements giving rise to 
involuntary retirement, and report his findings and any appropriate 
legislative recommendations to the President and to the Congress. 
ADMINISTRATION 
SEC. 6. The Secretary shall have the power— 
(a) to make delegations, to appoint such agents and employees, 
and to pay for technical assistance on a fee for service basis, as he 
deems necessary to assist him in the performance of his functions 
under this Act; 
(b) to cooperate with regional, State, local, and other agen-
cies, and to cooperate with and furnish technical assistance to 
employers, labor organizations, and employment agencies to aid 
in effectuating the purposes of this Act. 
RECORDKEEPING, INVESTIGATION, AND ENFORCEMENT 
SEC. 7. (a) The Secretary shall have the power to make investiga-
tions and require the keeping of records necessary or appropriate for 
the administration of this Act in accordance with the powers and pro-
cedures provided in sections 9 and 11 of the Fair Labor Standards 
Jeeffi'siau' 
-^ct of 1938, as amended (29 U.S.C. 209 and 211). 
916.' 
° 
(b) The provisions of this Act shall be enforced in accordance 
with the powers, remedies, and procedures provided in sections 11(b), 
16 (except for subsection (a) thereof), and 17 of the Fair Labor 
7s%tTt%\°^^' 
Standards Act of 1938, as amended (29 U.S.C. 211(b), 216, 217), 
and subsection (c) of this section. Any act prohibited under section 
4 of this Act shall be deemed to be a prohibited act under section 15 
of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 
52 Stat. 1068, 
215). Amouuts owing to a person as a result of a violation of this 
Act shall be deemed to be unpaid minimum wages or unpaid over-
time compensation for purposes of sections 16 and 17 of the Fair Labor 
Standards Act of 1938, as amended (29 U.S.C. 216, 217) : Provided, 
That liquidated damages shall be payable only in cases of willful vio-
lations of this Act. In any action brought to enforce this Act the 
court shall have jurisdiction to grant such legal or equitable relief 
as may be appropriate to effectuate the purposes of this Act, includ-
ing without limitation judgments compelling employment, reinstate-
ment or promotion, or enforcing the liability for amounts deemed to 
be unpaid minimum wages or unpaid overtime compensation under 
this section. Before instituting any action under this section, the Sec-, 
retary shall attempt to eliminate the discriminatory practice or prac-
tices alleged, and to effect voluntary compliance with the require-
ments of this Act through informal methods of conciliation, confer-
ence, and persuasion. 
(c) 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 Act: Provided. That the right of any 
person to bring such action shall terminate upon the commencement 
of an action by the Secretary to enforce the right of such employee 
under this Act. 
81 STAT.] 
PUBLIC LAW 90-202-DEC. 15, 1967 
605 
(d) Xo civil action may be commenced by any individual under this 
section until the individual has given the Secretary not less than sixty 
days' notice of an intent to file such action. Such notice shall be filed— 
(1) within one hundred and eighty days after the alleged 
unlawful practice occurred, or 
(2) in a case to which section 14(b) applies, within three hun-
dred days after the alleged unlawful practice occurred or within 
thirty days after receipt by the individual of notice of termina-
tion of proceedings under State law, whichever is earlier. 
Upon receiving a notice of intent to sue, the Secretary shall promptly 
notify all persons named therein 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) Sections 6 and 10 of the Portal-to-Portal Act of 1947 shall apply 
H ulc 255.^259. 
to actions under this Act. 
NOTICES TO BE POSTED 
SEC. 8. 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 Secretary setting forth 
information as the Secretary deems appropriate to effectuate the 
purposes of this Act. 
RULES AND REGULATIONS 
SEC. 9. In accordance with the provisions of subchapter I I of chap-
ter 5 of title 5, United States Code, the Secretary of Labor may issue 
so stat. 38i. 
such rules and regulations as he may consider necessary or appro-
priate for carrying out this Act, and may establish such reasonable 
exemptions to and from any or all provisions of this Act as he may 
find necessary and proper in the public interest. 
CRIMINAL P E N A L T I E S 
SEC. 10. Whoever shall forcibly resist, oppose, impede, intimidate or 
interfere with a duly authorized representative of the Secretary while 
he is engaged in the performance of duties under this Act shall be 
punished by a fine of not more than $500 or by imprisonment for not 
more than one year, or by both: Provided, however, That no person 
shall be imprisoned under this section except when there has been a 
prior conviction hereunder. 
DEFINITIONS 
SEC. 11. For the purposes of this Act— 
(a) The term "person" means one or more individuals, partnerships, 
associations, labor organizations, corporations, business trusts, legal 
representatives, or any organized groups of persons. 
(b) The term "employer" means a person engaged in an industry 
affecting commerce who has twenty-five or more employees for each 
working day in each of twenty or more calendar weeks in the current 
or preceding calendar year: Provided, That prior to June 30, 1968, 
employers having fewer than fifty employees shall not be considered 
employers. The term also means any agent of such a person, but such 
term does not include the I'^^nited States, a corporation wholly owned 
by the Government of the United States, or a State or political sub-
division thereof. 
606 
PUBLIC LAW 90-202-DEC. 15, 1967 
[81 STAT. 
(c) The term "employment agency" means any person regularly 
undertaking with or without compensation to procure employees for 
an employer and includes an agent of such a person; but shall not in-
clude an agency of the United States, or an agency of a State or politi-
cal subdivision of a State, except that such term shall include the 
United States Employment Service and the system of State and local 
employment services receiving Federal assistance. 
(d) The term "labor organization" means a labor organization 
engaged in an industry affecting commerce, and any agent of such 
an organization, and includes any organization of any kind, any 
agency, or employee representation committee, group, association, or 
plan so engaged in which employees participate and which exists for 
the purpose, in whole or in part, of dealing with employers con-
cernmg grievances, labor disputes, wages, rates of pay, hours, or 
other terms or conditions of employment, and any conference, general 
committee, joint or system board, or joint council so engaged which is 
subordinate to a national or international labor organization. 
(e) A labor organization shall be deemed to be engaged in an 
industry affecting commerce if (1) it maintains or operates a hiring 
hall or hiring office which procures employees for an employer or 
procures for employees opportunities to work for an employer, or 
(2) the number of its members (or, where it is a labor organization 
composed of other labor organizations or their representatives, if 
the aggregate number of the members of such other labor organiza-
tion) is fifty or more prior to July 1, 1968, or twenty-five or more on 
or after July 1, 1968, and such labor organization— 
(1) is the certified representative of employees under the pro-
29 use ^
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visions of the National Labor Relations Act, as amended, or the 
44 Stat. 5 77*. 
Railway Labor Act, as amended; or 
45 use 151-188. 
(2) although not certified, is a national or international labor 
organization or a local labor organization recognized or acting as 
the representative of employees of an employer or employers en-
gaged in an industry affecting commerce; or 
(3) has chartered a local labor organization or subsidiary body 
which is representing or actively seeking to represent employees 
of employers within the meaning of paragraph (1) or (2); or 
(4) has been chartered by a labor organization representing or 
actively seeking to represent employees within the meaning of 
paragraph (1) or (2) as the local or subordinate body through 
which such employees may enjoy membership or become affiliated 
with such labor organization; or 
(5) is a conference, general committee, joint or system board, or 
joint council subordinate to a national or international labor orga-
nization, which includes a labor organization engaged in an indus-
try affecting commerce within the meaning of any of the preced-
ingparagraphsof this subsection. 
(f) The term "employee" means an individual employed by any 
employer. 
(g) The term "commerce" means trade, traffic, commerce, trans-
portation, transmission, or communication among the several States; 
or between a State and any place outside thereof; or within the Dis-
trict of Columbia, or a possession of the United States; or between 
points in the same State but through a point outside thereof. 
(h) The term "industry affecting commerce" means any activity, 
business, or industry in commerce or in which a labor dispute would 
hinder or obstruct commerce or the free flow of commerce and includes 
gress. 
81 STAT.] 
PUBLIC LAW 90-202-DEC. 15, 1967 
607 
any activity or industry "affecting commerce" within the meaning 
of the Labor-Management Keporting and Disclosure Act of 1959. 
29 usc'lof" 
(i) The term "State" includes a State of the United States, the Dis- note. 
trict of Columbia, Puerto Rico, the Virgin Islands, American Sa-
moa, Guam, Wake Island, the Canal Zone, and Outer Continental 
Shelf lands defined in the Outer Continental Shelf Lands Act. 
LIMITATION 
SEC. 12. The prohibitions in this Act shall be limited to individuals 
who are at least forty years of age but less than sixty-five years of 
age. 
ANNUAL REPORT 
SEC. 13. The Secretary shall submit annually in January a report ^J^^^°^ *° ^°"" 
to the Congress covering his activities for the preceding year and in-
cluding such information, data, and recommendations for further 
legislation in connection with the matters covered by this Act as he 
may find advisable. Such report shall contain an evaluation and 
appraisal by the Secretary of the effect of the minimum and maxi-
mum ages established by this Act, together with his recommendations 
to the Congress. In making such evaluation and appraisal, the Secre-
tary shall take into consideration any changes which may have oc-
curred in the general age level of the population, the effect of the 
Act upon workers not covered by its provisions, and such other factors 
as he may deem pertinent. 
FEDERAL-STATE RELATIONSHIP 
SEC. 14. (a) Nothing in this Act shall affect the jurisdiction of any 
agency of any State performing like functions with regard to dis-
criminatory employment practices on account of age except that upon 
commencement of action under this Act such action shall supersede 
any State action. 
(b) In the case of an alleged unlawful practice occurring in a State 
which has a law prohibiting discrimination in employment because 
of age and establishing or authorizing a State authority to grant or 
seek relief from such discriminatory practice, no suit may be brought 
under section 7 of this Act before the expiration of sixty days after 
proceedings have been commenced under the State law, unless such 
proceedings have been earlier terminated: Provided, That such sixty-
day period shall be extended to one hundred and twenty days during 
the first year after the effective date of such State law. If any require-
ment for the commencement of such proceedings is imposed by a State 
authority other than a requirement of the filing of a written and signed 
statement of the facts upon which the proceeding is based, the pro-
ceeding shall be deemed to have been commenced for the purposes 
of this subsection at the time such statement is sent by registered mail 
to the appropriate State authority. 
E F F E C T I V E DAI B 
SEC. 15. This Act shall become effective one hundred and eighty 
days after enactment, except (a) that the Secretary of Labor may 
extend the delay in effective date of any provision of this Act up to 
an additional ninety days thereafter if he finds that such time is 
necessary in permitting adjustments to the provisions hereof, and 
85-622 0-68—41 
608 
PUBLIC LAW 90-203-DEC. 15, 1%7 
[81 STAT. 
(b) that on or after the date of enactment the Secretary of Labor is 
authorized to issue such rules and regulations as may be necessary to 
carry out its provisions. 
APPROPRIATIONS 
SEC. 16. There are hereby authorized to be appropriated such sums, 
not in excess of $3,()()0,000 for any fiscal year, as may be necessary to 
carry out this Act. 
Approved December 15, 1967. 
December 15, 1967 
[H.R. 10595] 
National banks. 
Prohibited ac-
tivities, 
12 use 24. 
Definitions. 
Public Law 90-203 
AN ACT 
To prohibit certain banks and savings and loan associations from fostering or 
participating in gambling activities. 
Be it enacted hy the Senate and House of Re2>resentati'ves of the 
United States of America in Congress assembled. 
SECTION 1. (a) Chapter 1 of title L X I I of the Revised Statutes is 
amended by inserting, immediately after section 51fS6, the following 
new section: 
"SEC, 5136A. (a) A national bank may not— 
"(1) deal in lottery tickets; 
"(2) deal in bets used as a means or substitute for participation 
in a lottery; 
"(3) announce, advertise, or publicize the existence of any 
lottery; 
" (4) announce, advertise, or publicize the existence or identity 
of any participant or winner, as such, in a lottery. 
"(b) A national bank may not permit— 
"(1) the use of any part of any of its banking offices by any 
person for any purpose forbidden to the bank under subsection 
(a), or 
" (2) direct access by the public from any of its banking offices 
to any premises used by any person for any purpose forbidden to 
the bank under subsection (a). 
"(c) As used in this section— 
" (1) The term 'deal in' includes making, taking, buying, selling, 
redeeming, or collecting. 
"(2) The term 'lottery' includes any arrangement whereby 
three or more persons (the'participants') advance money or credit 
to another in exchange for the possibility or expectation that one 
or more but not all of the participants (the 'winners') will receive 
by reason of their advances more than the amounts they have 
advanced, the identity of the winners being determined by any 
means which includes— 
"(A) a random selection; 
"(B) a game, race, or contest; or 
"(C) any record or tabulation of the result of one or more 
events in which any participant has no interest except for 
its bearing upon the possibility that he may become a winner. 
"(3) The term 'lottery ticket' includes any right, privilege, or 
possibility (and any ticket, receipt, record, or other evidence of 
any such right, privilege, or possibility) of becoming a winner 
in a lottery.