§ 621. — Congressional statement of findings and purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC621]
TITLE 29--LABOR
CHAPTER 14--AGE DISCRIMINATION IN EMPLOYMENT
Sec. 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, Sec. 2, Dec. 15, 1967, 81 Stat. 602.)
Effective Date; Rules and Regulations
Section 16, formerly Sec. 15, of Pub. L. 90-202, renumbered by Pub.
L. 93-259, Sec. 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, Sec. 101(a) [title I, Sec. 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, Sec. 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, Sec. 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, Sec. 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 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, Sec. 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, Sec. 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, Sec. 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.''
