The Age Discrimination in Employment Act of 1967
---DISCLAIMER---
Public Law (PL) 90-202 Enacted December 15, 1967
Subject: Age Discrimination - Appeal Rights Age
Discrimination - Policy Statements Age Discrimination - Prevention
Age Discrimination - Prohibition Age Discrimination - Recordkeeping
Age Discrimination - Reporting Requirements Age Discrimination Education
Programs Age Discrimination in Employment Act of 1967 - Text of Public Law
Age Requirements - Bona Fide Occupational Qualification Age
Requirements - Maximum - Prohibitions Bona Fide Employee Benefit Plans
Bona Fide Occupational Qualification Bona Fide Seniority Systems Civil
Actions - Authority Civil Actions - Filing Procedures - Timeliness
Commerce - Definition Criminal Charges and Convictions Department of
Labor - Authority Department of Labor - Responsibilities Employees -
Definition Employers - Definition Employment Practices - IIlegal -
Criteria Employment Services - Definition Employment Services -
Illegal Employment Referral Practices Industry Affecting Commerce -
Definition Investigations - Authority Notice of Intent Person -
Definition Rulemaking - Authority State and Local Governments -
Definition State and Local Laws - Subordination to Federal Law Union
Discipline Union Membership - Denial of Membership Unions - Definition
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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