The Age Discrimination in Employment
Act of 1967
Public Law (PL) 90-202
Enacted December 15, 1967
AN ACT
December 15, 1967 [S. 830]
To prohibit age discrimination in employment.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That this Act may be cited as the "Age
Discrimination in Employment Act of 1967".
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 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 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 provide 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, professional 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 development of facilities of public and private agencies for expanding
the opportunities and potentials of older persons;
(4) Sponsor and assist State and community informational and educational programs.
(b) Not later than 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. Recommendation to Congress.
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 employment 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 individual 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 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 employment 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 published, any notice
or advertisement relating to employment by such an employer or membership in
or any classification or referral for employment 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 occupational qualification reasonably
necessary to the normal operation of the particular business, or where 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
(3) to discharge or otherwise discipline an individual for good cause
STUDY BY SECRETARY OF LABOR
SEC. 5. The Secretary of Labor is directed to undertake an appropriate study
of institutional and other arrangements giving to involuntary retirement, and
report his findings and any appropriate legislative recommendations to the President
and to the Congress.
Reports to President and 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 agencies, 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 investigations and require
the keeping of records necessary or appropriate for the administration of this
Act in accordance with the powers and procedures provided in sections 9 and
11 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 209 and 211)
52 Stat. 1065, 1066; 63 Stat. 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 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.215). Amounts
owing to be 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 violations 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, including without
limitation judgments comment, reinstatement or promotion, or enforcing the liability
for amounts deemed to be unpaid minimum wages or enforcing under this section.
Before instituting on under this section, Before instituting any action under
this section, the Secretary shall attempt to eliminate discriminatory practice
or practices alleged and to effect voluntary compliance with the requirements
of this Act through informal methods of conciliation, conference, and persuasion.
52 Stat. 1069; 75 Stat. 74 52 Stat. 1068.
(c) Any person aggrieved may brand 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 shall terminate upon the commencement
of an action by the Secretary to enforce the right of such employee under this
Act.
(d) No civil action may be commenced by in 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 awful practice occurred,
or
(2) in a case to which section 14 (b) applies, within three hundred days after
the alleged unlawful practice occurred or within thirty days after receipt by
the individual of notice of termination 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 to actions
under this Act. 61 Stat. 87, 89. 29 USC 255, 259.
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 II of chapter 5 of
title 5, United States Code, the Secretary of Labor may issue such rules and
regulations as he may consider necessary or appropriate for carrying out this
Act, and may establish such reasonable exemptions to an any or all provisions
of this Act as he may find necessary and in the public interest. 80 Stat. 381.
CRIMINAL PENALTIES
SEC. 10. Whoever shall forcibly resist, oppose, impede, intimidate or interfere
with a duly authorized representative of the Secretary while lie 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 United States, or a corporation wholly owned
by the Government of the United States, or State or political subdivision thereof.
(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 includes an agency of the United States,
or an agency of a State or political 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
concerning 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 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 composed of other labor (or, where it is a labor
organization composed of other labor organizations or their labor organization)
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 provisions of the
National Labor Relations Act, as amended, or the Railway Labor Act, as amended;
or 61 Stat. 136. 29 USC 167. 44 Stat. 577. 45 USC 151-188.
(2) although not certified, is a national or international labor organization
or local labor organization recognized or acting as representative of employees
of an employer or employers engaged in an industry affecting commerce; or
(3) has chartered 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 organization which includes
a labor organization engaged in an industry affecting commerce within the meaning
of any of the preceding paragraphs of this subsection.
(f) The term "employee" means an individual employed by any employer.
(g) The term "commerce" means trade, traffic, commerce, transportation,
transmission, or communication among the several States; or between a State
and any place outside thereof, or within the District 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 any activity or industry
"affecting commerce" within the meaning of the Labor-Management Reporting
and Disclosure Act of 1959.
73 Stat. 519
29 USC 401
note
(i) The term "State" includes a State of the United States, the District
of Columbia, Puerto Rico, the Virgin Islands, American Samoa, 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 to the Congress
covering his activities for the year and including for including such information,
data, and recommendations 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 maximum ages
established by this Act, together with his recommendations to the Congress.
In making such evaluation and appraisal, the Secretary shall take into consideration
any changes which may have occurred in the general age level of the population,
the effect of the Act upon workers not covered by its provisions, and such other
factors is 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 discriminatory employment
practices on account of age except that upon commencement of action under this
Act such action shut 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 terminated: Provided, That such sixty-day period shall be extended to one
hundred and twenty days during the first year after the 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 purposed of this subsection at the
time such statement is sent by registered mail to the appropriate State authority.
EFFECTIVE DATE
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
(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 $3,000,000 for any fiscal year, as may be necessary to carry out this Act.
Approved December 15, 1967.
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