§ 633. — FederalState relationship.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC633]
TITLE 29--LABOR
CHAPTER 14--AGE DISCRIMINATION IN EMPLOYMENT
Sec. 633. Federal-State relationship
(a) Federal action superseding State action
Nothing in this chapter shall affect the jurisdiction of any agency
of any State performing like functions with regard to discriminatory
employment practices on account of age except that upon commencement of
action under this chapter such action shall supersede any State action.
(b) Limitation of Federal action upon commencement of State proceedings
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 626 of this title 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 requirement 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 proceeding 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.
(Pub. L. 90-202, Sec. 14, Dec. 15, 1967, 81 Stat. 607.)
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.
Section Referred to in Other Sections
This section is referred to in section 626 of this title.
