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U.S. Code as of:
01/19/04
Section 633a. Nondiscrimination on account of age in Federal Government employment
(a) Federal agencies affected
All personnel actions affecting employees or applicants for
employment who are at least 40 years of age (except personnel
actions with regard to aliens employed outside the limits of the
United States) in military departments as defined in section 102 of
title 5, in executive agencies as defined in section 105 of title 5
(including employees and applicants for employment who are paid
from nonappropriated funds), in the United States Postal Service
and the Postal Rate Commission, in those units in the government of
the District of Columbia having positions in the competitive
service, and in those units of the judicial branch of the Federal
Government having positions in the competitive service, in the
Smithsonian Institution, and in the Government Printing Office, the
General Accounting Office, and the Library of Congress shall be
made free from any discrimination based on age.
(b) Enforcement by Equal Employment Opportunity Commission and by
Librarian of Congress in the Library of Congress; remedies;
rules, regulations, orders, and instructions of Commission:
compliance by Federal agencies; powers and duties of Commission;
notification of final action on complaint of discrimination;
exemptions: bona fide occupational qualification
Except as otherwise provided in this subsection, the Equal
Employment Opportunity Commission is authorized to enforce the
provisions of subsection (a) of this section through appropriate
remedies, including reinstatement or hiring of employees with or
without backpay, as will effectuate the policies of this section.
The Equal Employment Opportunity Commission shall issue such rules,
regulations, orders, and instructions as it deems necessary and
appropriate to carry out its responsibilities under this section.
The Equal Employment Opportunity Commission shall -
(1) be responsible for the review and evaluation of the
operation of all agency programs designed to carry out the policy
of this section, periodically obtaining and publishing (on at
least a semiannual basis) progress reports from each department,
agency, or unit referred to in subsection (a) of this section;
(2) consult with and solicit the recommendations of interested
individuals, groups, and organizations relating to
nondiscrimination in employment on account of age; and
(3) provide for the acceptance and processing of complaints of
discrimination in Federal employment on account of age.
The head of each such department, agency, or unit shall comply with
such rules, regulations, orders, and instructions of the Equal
Employment Opportunity Commission which shall include a provision
that an employee or applicant for employment shall be notified of
any final action taken on any complaint of discrimination filed by
him thereunder. Reasonable exemptions to the provisions of this
section may be established by the Commission but only when the
Commission has established a maximum age requirement on the basis
of a determination that age is a bona fide occupational
qualification necessary to the performance of the duties of the
position. With respect to employment in the Library of Congress,
authorities granted in this subsection to the Equal Employment
Opportunity Commission shall be exercised by the Librarian of
Congress.
(c) Civil actions; jurisdiction; relief
Any person aggrieved may bring a civil action in any Federal
district court of competent jurisdiction for such legal or
equitable relief as will effectuate the purposes of this chapter.
(d) Notice to Commission; time of notice; Commission notification
of prospective defendants; Commission elimination of unlawful
practices
When the individual has not filed a complaint concerning age
discrimination with the Commission, no civil action may be
commenced by any individual under this section until the individual
has given the Commission not less than thirty days' notice of an
intent to file such action. Such notice shall be filed within one
hundred and eighty days after the alleged unlawful practice
occurred. Upon receiving a notice of intent to sue, the Commission
shall promptly notify all persons named therein as prospective
defendants in the action and take any appropriate action to assure
the elimination of any unlawful practice.
(e) Duty of Government agency or official
Nothing contained in this section shall relieve any Government
agency or official of the responsibility to assure
nondiscrimination on account of age in employment as required under
any provision of Federal law.
(f) Applicability of statutory provisions to personnel action of
Federal departments, etc.
Any personnel action of any department, agency, or other entity
referred to in subsection (a) of this section shall not be subject
to, or affected by, any provision of this chapter, other than the
provisions of section 631(b) of this title and the provisions of
this section.
(g) Study and report to President and Congress by Equal Employment
Opportunity Commission; scope
(1) The Equal Employment Opportunity Commission shall undertake a
study relating to the effects of the amendments made to this
section by the Age Discrimination in Employment Act Amendments of
1978, and the effects of section 631(b) of this title.
(2) The Equal Employment Opportunity Commission shall transmit a
report to the President and to the Congress containing the findings
of the Commission resulting from the study of the Commission under
paragraph (1) of this subsection. Such report shall be transmitted
no later than January 1, 1980.
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