§ 633a. — Nondiscrimination on account of age in Federal Government employment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC633a]
TITLE 29--LABOR
CHAPTER 14--AGE DISCRIMINATION IN EMPLOYMENT
Sec. 633a. Nondiscrimination on account of age in Federal
Government employment
(a) Federal agencies affected
All personnel actions affecting employees or applicants for
employment who are at least 40 years of age (except personnel actions
with regard to aliens employed outside the limits of the United States)
in military departments as defined in section 102 of title 5, in
executive agencies as defined in section 105 of title 5 (including
employees and applicants for employment who are paid from
nonappropriated funds), in the United States Postal Service and the
Postal Rate Commission, in those units in the government of the District
of Columbia having positions in the competitive service, and in those
units of the judicial branch of the Federal Government having positions
in the competitive service, in the Smithsonian Institution, and in the
Government Printing Office, the General Accounting Office, and the
Library of Congress shall be made free from any discrimination based on
age.
(b) Enforcement by Equal Employment Opportunity Commission and by
Librarian of Congress in the Library of Congress; remedies;
rules, regulations, orders, and instructions of Commission:
compliance by Federal agencies; powers and duties of Commission;
notification of final action on complaint of discrimination;
exemptions: bona fide occupational qualification
Except as otherwise provided in this subsection, the Equal
Employment Opportunity Commission is authorized to enforce the
provisions of subsection (a) of this section through appropriate
remedies, including reinstatement or hiring of employees with or without
backpay, as will effectuate the policies of this section. The Equal
Employment Opportunity Commission shall issue such rules, regulations,
orders, and instructions as it deems necessary and appropriate to carry
out its responsibilities under this section. The Equal Employment
Opportunity Commission shall--
(1) be responsible for the review and evaluation of the
operation of all agency programs designed to carry out the policy of
this section, periodically obtaining and publishing (on at least a
semiannual basis) progress reports from each department, agency, or
unit referred to in subsection (a) of this section;
(2) consult with and solicit the recommendations of interested
individuals, groups, and organizations relating to nondiscrimination
in employment on account of age; and
(3) provide for the acceptance and processing of complaints of
discrimination in Federal employment on account of age.
The head of each such department, agency, or unit shall comply with such
rules, regulations, orders, and instructions of the Equal Employment
Opportunity Commission which shall include a provision that an employee
or applicant for employment shall be notified of any final action taken
on any complaint of discrimination filed by him thereunder. Reasonable
exemptions to the provisions of this section may be established by the
Commission but only when the Commission has established a maximum age
requirement on the basis of a determination that age is a bona fide
occupational qualification necessary to the performance of the duties of
the position. With respect to employment in the Library of Congress,
authorities granted in this subsection to the Equal Employment
Opportunity Commission shall be exercised by the Librarian of Congress.
(c) Civil actions; jurisdiction; relief
Any person aggrieved may bring a civil action in any Federal
district court of competent jurisdiction for such legal or equitable
relief as will effectuate the purposes of this chapter.
(d) Notice to Commission; time of notice; Commission notification of
prospective defendants; Commission elimination of unlawful
practices
When the individual has not filed a complaint concerning age
discrimination with the Commission, no civil action may be commenced by
any individual under this section until the individual has given the
Commission not less than thirty days' notice of an intent to file such
action. Such notice shall be filed within one hundred and eighty days
after the alleged unlawful practice occurred. Upon receiving a notice of
intent to sue, the Commission shall promptly notify all persons named
therein as prospective defendants in the action and take any appropriate
action to assure the elimination of any unlawful practice.
(e) Duty of Government agency or official
Nothing contained in this section shall relieve any Government
agency or official of the responsibility to assure nondiscrimination on
account of age in employment as required under any provision of Federal
law.
(f) Applicability of statutory provisions to personnel action of Federal
departments, etc.
Any personnel action of any department, agency, or other entity
referred to in subsection (a) of this section shall not be subject to,
or affected by, any provision of this chapter, other than the provisions
of section 631(b) of this title and the provisions of this section.
(g) Study and report to President and Congress by Equal Employment
Opportunity Commission; scope
(1) The Equal Employment Opportunity Commission shall undertake a
study relating to the effects of the amendments made to this section by
the Age Discrimination in Employment Act Amendments of 1978, and the
effects of section 631(b) of this title.
(2) The Equal Employment Opportunity Commission shall transmit a
report to the President and to the Congress containing the findings of
the Commission resulting from the study of the Commission under
paragraph (1) of this subsection. Such report shall be transmitted no
later than January 1, 1980.
(Pub. L. 90-202, Sec. 15, as added Pub. L. 93-259, Sec. 28(b)(2), Apr.
8, 1974, 88 Stat. 74; amended Pub. L. 95-256, Sec. 5(a), (e), Apr. 6,
1978, 92 Stat. 191; 1978 Reorg. Plan No. 1, eff. Jan. 1, 1979, Sec. 2,
43 F.R. 19807, 92 Stat. 3781; Pub. L. 104-1, title II, Sec. 201(c)(2),
Jan. 23, 1995, 109 Stat. 8; Pub. L. 105-220, title III, Sec. 341(b),
Aug. 7, 1998, 112 Stat. 1092.)
References in Text
The amendments made to this section by the Age Discrimination in
Employment Act Amendments of 1978, referred to in subsec. (g)(1), are
amendments by section 5(a) and (e) of Pub. L. 95-256, which amended
subsecs. (a), (f), and (g) of this section.
Amendments
1998--Subsec. (a). Pub. L. 105-220 inserted ``in the Smithsonian
Institution,'' before ``and in the Government Printing Office''.
1995--Subsec. (a). Pub. L. 104-1 substituted ``units of the judicial
branch'' for ``units of the legislative and judicial branches'' and
inserted ``Government Printing Office, the General Accounting Office,
and the'' before ``Library of Congress''.
1978--Subsec. (a). Pub. L. 95-256, Sec. 5(a), inserted age
requirement of at least 40 years of age, and ``personnel actions'' after
``except''.
Subsecs. (f), (g). Pub. L. 95-256, Sec. 5(e), added subsecs. (f) and
(g).
Effective Date of 1998 Amendment
Pub. L. 105-220, title III, Sec. 341(d), Aug. 7, 1998, 112 Stat.
1092, provided that: ``The amendments made by subsections (a), (b), and
(c) [amending this section, section 791 of this title, and section
2000e-16 of Title 42, The Public Health and Welfare] shall take effect
on the date of enactment of this Act [Aug. 7, 1998] and shall apply to
and may be raised in any administrative or judicial claim or action
brought before such date of enactment but pending on such date, and any
administrative or judicial claim or action brought after such date
regardless of whether the claim or action arose prior to such date, if
the claim or action was brought within the applicable statute of
limitations.''
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-1 effective 1 year after Jan. 23, 1995, see
section 1311(d) of Title 2, The Congress.
Effective Date of 1978 Amendment
Section 5(f) of Pub. L. 95-256 provided that: ``The amendments made
by this section [amending this section and sections 8335 and 8339 of
Title 5, Government Organization and Employees, and repealing section
3322 of Title 5] shall take effect on September 30, 1978, except that
section 15(g) of the Age Discrimination in Employment Act of 1967, as
amended by subsection (e) of this section [subsec. (g) of this section],
shall take effect on the date of enactment of this Act [Apr. 6, 1978].''
Effective Date
Section effective May 1, 1974, see section 29(a) of Pub. L. 93-259,
set out as an Effective Date of 1974 Amendment note under section 202 of
this title.
Transfer of Functions
``Equal Employment Opportunity Commission'' substituted for ``Civil
Service Commission'' in subsecs. (b) and (g) pursuant to 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, which transferred all
functions vested by this section in Civil Service Commission 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.
Section Referred to in Other Sections
This section is referred to in sections 626, 631 of this title;
title 2 section 1311; title 3 section 411; title 5 sections 2302, 7702,
7703; title 22 sections 3905, 4131; title 42 section 2000e-16b.
