[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1626.21]

[Page 348-349]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1626_PROCEDURES_AGE DISCRIMINATION IN EMPLOYMENT ACT--
Table of Contents
 
Sec.  1626.21  Effect of opinions and interpretations of the Commission.

    (a) Section 10 of the Portal to Portal Act of 1947, incorporated 
into the Age Discrimination in Employment Act of 1967 through section 
7(e)(1) of the Act, provides that:

    In any action or proceeding based on any act or omission on or after 
the date of the enactment of this Act, no employer shall be

[[Page 349]]

subject to any liability or punishment * * * if he pleads and proves 
that the act or omission complained of was in good faith in conformity 
with and in reliance on any written administrative regulations, order, 
ruling, approval or interpretation * * * or any administrative practice 
or enforcement policy of [the Commission].


The Commission has determined that only (1) a written document, entitled 
``opinion letter,'' signed by the Legal Counsel on behalf of and as 
approved by the Commission, or (2) a written document issued in the 
conduct of litigation, entitled ``opinion letter,'' signed by the 
General Counsel on behalf of and as approved by the Commission, or (3) 
matter published and specifically designated as such in the Federal 
Register, may be relied upon by any employer as a ``written regulation, 
order, ruling, approval or interpretation'' or ``evidence of any 
administrative practice or enforcement policy'' of the Commission ``with 
respect to the class of employers to which he belongs,'' within the 
meaning of the statutory provisions quoted above.
    (b) An opinion letter issued pursuant to paragraph (a)(1) of this 
section, when issued to the specific addressee, has no effect upon 
situations other than that of the specific addressee.
    (c) When an opinion letter, as defined in paragraph (a)(1) of this 
section, is requested, the procedure stated in Sec.  1626.17 shall be 
followed.

[48 FR 140, Jan. 3, 1983. Redesignated at 68 FR 70152, Dec. 17, 2003]