[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: 29CFR1626.18]

[Page 348]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1626_PROCEDURES_AGE DISCRIMINATION IN EMPLOYMENT ACT--
Table of Contents
 
Sec.  1626.18  Filing of private lawsuit.

    (a) An aggrieved person may file a civil action against the 
respondent named in the charge in either Federal or State court under 
section 7 of the ADEA.
    (b) An aggrieved person whose claims are the subject of a timely 
pending charge may file a civil action at any time after 60 days have 
elapsed from the filing of the charge with the Commission (or as 
provided in Sec.  1626.12) without waiting for a Notice of Dismissal or 
Termination to be issued.
    (c) The right of an aggrieved person to file suit expires 90 days 
after receipt of the Notice of Dismissal or Termination or upon 
commencement of an action by the Commission to enforce the right of such 
person.
    (d) If the Commission becomes aware that the aggrieved person whose 
claim is the subject of a pending ADEA charge has filed an ADEA lawsuit 
against the respondent named in the charge, it shall terminate further 
processing of the charge or portion of the charge affecting that person 
unless the District Director; Field Director; Area Director; Local 
Director; Director of the Office of Field Programs; the General Counsel; 
the Director of Field Management Programs; or their designees determine 
at that time or at a later time that it would effectuate the purpose of 
the ADEA to further process the charge.

[68 FR 70152, Dec. 17, 2003, as amended at 71 FR 26831, May 9, 2006]