CITE

    29 USC Sec. 626                                             01/05/2009

EXPCITE

    TITLE 29 - LABOR
    CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

HEAD

    Sec. 626. Recordkeeping, investigation, and enforcement

STATUTE

    (a) Attendance of witnesses; investigations, inspections, records,
      and homework regulations
      The Equal Employment Opportunity Commission shall have the power
    to make investigations and require the keeping of records necessary
    or appropriate for the administration of this chapter in accordance
    with the powers and procedures provided in sections 209 and 211 of
    this title.
    (b) Enforcement; prohibition of age discrimination under fair labor
      standards; unpaid minimum wages and unpaid overtime compensation;
      liquidated damages; judicial relief; conciliation, conference,
      and persuasion
      The provisions of this chapter shall be enforced in accordance
    with the powers, remedies, and procedures provided in sections
    211(b), 216 (except for subsection (a) thereof), and 217 of this
    title, and subsection (c) of this section. Any act prohibited under
    section 623 of this title shall be deemed to be a prohibited act
    under section 215 of this title. Amounts owing to a person as a
    result of a violation of this chapter shall be deemed to be unpaid
    minimum wages or unpaid overtime compensation for purposes of
    sections 216 and 217 of this title: Provided, That liquidated
    damages shall be payable only in cases of willful violations of
    this chapter. In any action brought to enforce this chapter the
    court shall have jurisdiction to grant such legal or equitable
    relief as may be appropriate to effectuate the purposes of this
    chapter, including without limitation judgments compelling
    employment, reinstatement 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 Equal Employment Opportunity Commission
    shall attempt to eliminate the discriminatory practice or practices
    alleged, and to effect voluntary compliance with the requirements
    of this chapter through informal methods of conciliation,
    conference, and persuasion.
    (c) Civil actions; persons aggrieved; jurisdiction; judicial
      relief; termination of individual action upon commencement of
      action by Commission; jury trial
      (1) 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 chapter: Provided, That the right
    of any person to bring such action shall terminate upon the
    commencement of an action by the Equal Employment Opportunity
    Commission to enforce the right of such employee under this
    chapter.
      (2) In an action brought under paragraph (1), a person shall be
    entitled to a trial by jury of any issue of fact in any such action
    for recovery of amounts owing as a result of a violation of this
    chapter, regardless of whether equitable relief is sought by any
    party in such action.
    (d) Filing of charge with Commission; timeliness; conciliation,
      conference, and persuasion
      No civil action may be commenced by an individual under this
    section until 60 days after a charge alleging unlawful
    discrimination has been filed with the Equal Employment Opportunity
    Commission. Such a charge shall be filed -
        (1) within 180 days after the alleged unlawful practice
      occurred; or
        (2) in a case to which section 633(b) of this title applies,
      within 300 days after the alleged unlawful practice occurred, or
      within 30 days after receipt by the individual of notice of
      termination of proceedings under State law, whichever is earlier.
    Upon receiving such a charge, the Commission shall promptly notify
    all persons named in such charge 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) Reliance on administrative rulings; notice of dismissal or
      termination; civil action after receipt of notice
      Section 259 of this title shall apply to actions under this
    chapter. If a charge filed with the Commission under this chapter
    is dismissed or the proceedings of the Commission are otherwise
    terminated by the Commission, the Commission shall notify the
    person aggrieved. A civil action may be brought under this section
    by a person defined in section 630(a) of this title against the
    respondent named in the charge within 90 days after the date of the
    receipt of such notice.
    (f) Waiver
      (1) An individual may not waive any right or claim under this
    chapter unless the waiver is knowing and voluntary. Except as
    provided in paragraph (2), a waiver may not be considered knowing
    and voluntary unless at a minimum -
        (A) the waiver is part of an agreement between the individual
      and the employer that is written in a manner calculated to be
      understood by such individual, or by the average individual
      eligible to participate;
        (B) the waiver specifically refers to rights or claims arising
      under this chapter;
        (C) the individual does not waive rights or claims that may
      arise after the date the waiver is executed;
        (D) the individual waives rights or claims only in exchange for
      consideration in addition to anything of value to which the
      individual already is entitled;
        (E) the individual is advised in writing to consult with an
      attorney prior to executing the agreement;
        (F)(i) the individual is given a period of at least 21 days
      within which to consider the agreement; or
        (ii) if a waiver is requested in connection with an exit
      incentive or other employment termination program offered to a
      group or class of employees, the individual is given a period of
      at least 45 days within which to consider the agreement;
        (G) the agreement provides that for a period of at least 7 days
      following the execution of such agreement, the individual may
      revoke the agreement, and the agreement shall not become
      effective or enforceable until the revocation period has expired;
        (H) if a waiver is requested in connection with an exit
      incentive or other employment termination program offered to a
      group or class of employees, the employer (at the commencement of
      the period specified in subparagraph (F)) informs the individual
      in writing in a manner calculated to be understood by the average
      individual eligible to participate, as to -
          (i) any class, unit, or group of individuals covered by such
        program, any eligibility factors for such program, and any time
        limits applicable to such program; and
          (ii) the job titles and ages of all individuals eligible or
        selected for the program, and the ages of all individuals in
        the same job classification or organizational unit who are not
        eligible or selected for the program.
      (2) A waiver in settlement of a charge filed with the Equal
    Employment Opportunity Commission, or an action filed in court by
    the individual or the individual's representative, alleging age
    discrimination of a kind prohibited under section 623 or 633a of
    this title may not be considered knowing and voluntary unless at a
    minimum -
        (A) subparagraphs (A) through (E) of paragraph (1) have been
      met; and
        (B) the individual is given a reasonable period of time within
      which to consider the settlement agreement.
      (3) In any dispute that may arise over whether any of the
    requirements, conditions, and circumstances set forth in
    subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) of paragraph
    (1), or subparagraph (A) or (B) of paragraph (2), have been met,
    the party asserting the validity of a waiver shall have the burden
    of proving in a court of competent jurisdiction that a waiver was
    knowing and voluntary pursuant to paragraph (1) or (2).
      (4) No waiver agreement may affect the Commission's rights and
    responsibilities to enforce this chapter. No waiver may be used to
    justify interfering with the protected right of an employee to file
    a charge or participate in an investigation or proceeding conducted
    by the Commission.

SOURCE

    (Pub. L. 90-202, Sec. 7, Dec. 15, 1967, 81 Stat. 604; Pub. L. 95-
    256, Sec. 4(a), (b)(1), (c)(1), Apr. 6, 1978, 92 Stat. 190, 191;
    1978 Reorg. Plan No. 1, Sec. 2, eff. Jan. 1, 1979, 43 F.R. 19807,
    92 Stat. 3781; Pub. L. 101-433, title II, Sec. 201, Oct. 16, 1990,
    104 Stat. 983; Pub. L. 102-166, title I, Sec. 115, Nov. 21, 1991,
    105 Stat. 1079.)

AMENDMENTS

      1991 - Subsec. (e). Pub. L. 102-166 struck out par. (1)
    designation, substituted "Section" for "Sections 255 and", inserted
    at end "If a charge filed with the Commission under this chapter is
    dismissed or the proceedings of the Commission are otherwise
    terminated by the Commission, the Commission shall notify the
    person aggrieved. A civil action may be brought under this section
    by a person defined in section 630(a) of this title against the
    respondent named in the charge within 90 days after the date of the
    receipt of such notice.", and struck out par. (2) which read as
    follows: "For the period during which the Equal Employment
    Opportunity Commission is attempting to effect voluntary compliance
    with requirements of this chapter through informal methods of
    conciliation, conference, and persuasion pursuant to subsection (b)
    of this section, the statute of limitations as provided in section
    255 of this title shall be tolled, but in no event for a period in
    excess of one year."
      1990 - Subsec. (f). Pub. L. 101-433 added subsec. (f).
      1978 - Subsec. (c). Pub. L. 95-256, Sec. 4(a), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (d). Pub. L. 95-256, Sec. 4(b)(1), substituted references
    to the filing of a charge with the Secretary alleging unlawful
    discrimination for references to the filing with the Secretary of
    notice of intent to sue.
      Subsec. (e). Pub. L. 95-256, Sec. 4(c)(1), designated existing
    provisions as par. (1) and added par. (2).
                     EFFECTIVE DATE OF 1991 AMENDMENT
      Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as
    otherwise provided, see section 402 of Pub. L. 102-166, set out as
    a note under section 1981 of Title 42, The Public Health and
    Welfare.
                     EFFECTIVE DATE OF 1990 AMENDMENT
      Section 202(a) of Pub. L. 101-433 provided that: "The amendment
    made by section 201 [amending this section] shall not apply with
    respect to waivers that occur before the date of enactment of this
    Act [Oct. 16, 1990]."
                     EFFECTIVE DATE OF 1978 AMENDMENT
      Section 4(b)(2) of Pub. L. 95-256 provided that: "The amendment
    made by paragraph (1) of this subsection [amending this section]
    shall take effect with respect to civil actions brought after the
    date of enactment of this Act [Apr. 6, 1978]."
      Section 4(c)(2) of Pub. L. 95-256 provided that: "The amendment
    made by paragraph (1) of this subsection [amending this section]
    shall take effect with respect to conciliations commenced by the
    Secretary of Labor after the date of enactment of this Act [Apr. 6,
    1978]."

TRANSFER OF FUNCTIONS

      "Equal Employment Opportunity Commission" and "Commission"
    substituted for "Secretary", meaning Secretary of Labor, 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 Secretary of Labor 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.

RULE ON WAIVERS

      Section 202(b) of Pub. L. 101-433 provided that: "Effective on
    the date of enactment of this Act [Oct. 16, 1990], the rule on
    waivers issued by the Equal Employment Opportunity Commission and
    contained in section 1627.16(c) of title 29, Code of Federal
    Regulations, shall have no force and effect."
                   AGE DISCRIMINATION CLAIMS ASSISTANCE
      Pub. L. 100-283, Apr. 7, 1988, 102 Stat. 78, as amended by Pub.
    L. 101-504, Sec. 2, Nov. 3, 1990, 104 Stat. 1298, provided
    extension period for filing civil actions under this section, such
    period consisting of 450 days beginning on Apr. 7, 1988, in cases
    where a charge was timely filed with the Equal Employment
    Opportunity Commission after Dec. 31, 1983, and 450 days beginning
    on Nov. 3, 1990, in cases where a charge was timely filed after
    Apr. 6, 1985, but the Commission did not, within the applicable
    period set forth in subsec. (e) of this section either eliminate
    the alleged unlawful practice or notify the complainant, in
    writing, of the disposition of the charge and of right of such
    person to bring civil action on such claim; required the Commission
    to provide notice regarding claims for which extension period was
    applicable; and required the Commission to submit reports to
    Congress containing, among other things, information as to number
    of persons eligible for extension period and number of persons who
    were provided notice regarding claims for which extension period
    was provided.