Title 29 — LaborRelease 119-73
§626 Recordkeeping, investigation, and enforcement
Title 29 › Chapter CHAPTER 14— - AGE DISCRIMINATION IN EMPLOYMENT › § 626
Summary
The Equal Employment Opportunity Commission (EEOC) can investigate pay and job discrimination and can require people and employers to keep records it needs to enforce the law. The EEOC uses the investigation and enforcement tools already given elsewhere in the law. If the law is broken, the EEOC can get court orders for things like hiring, reinstatement, promotion, or money that is treated like unpaid minimum wages or unpaid overtime. Money called liquidated damages is allowed only when the violation was willful. Before suing, the EEOC must try to fix the problem by informal steps like conciliation, conferences, and persuasion. An individual can also sue for the same relief unless the EEOC already started a case for that person. People have the right to a jury trial on factual questions about money owed. A person may not start their own lawsuit until 60 days after filing a charge with the EEOC. That charge must be filed within 180 days of the act, or within 300 days when a related state law applies, or within 30 days after a state process ends, whichever is earlier. Each paycheck affected by a discriminatory pay decision counts as a new unlawful act. If the EEOC closes a charge, it must tell the person, and that person then has 90 days to file a lawsuit. A person cannot give up their rights under this law unless the waiver is knowing and voluntary. To be valid, a waiver must be written clearly, name these rights, not cover future claims, give extra consideration, advise the person in writing to talk with a lawyer, allow at least 21 days to think (45 days for group exit offers), and include a 7-day revocation period after signing. For group exit programs, the employer must give basic info about who is covered and ages/job titles. For age-discrimination settlements, the same rules apply plus a reasonable time to consider. The person or party claiming a waiver was valid must prove it. No waiver can stop the EEOC from enforcing the law or stop someone from filing or taking part in an EEOC investigation.
Full Legal Text
Title 29, §626
Labor — Source: USLM XML via OLRC
(a)The Equal Employment Opportunity Commission shall have the power to make investigations and require the keeping of records necessary or appropriate for the administration of this chapter in accordance with the powers and procedures provided in section 209 and 211 of this title.
(b)The provisions of this chapter shall be enforced in accordance with the powers, remedies, and procedures provided in section 211(b), 216 (except for subsection (a) thereof), and 217 of this title, and subsection (c) of this section. Any act prohibited under section 623 of this title shall be deemed to be a prohibited act under section 215 of this title. Amounts owing to a person as a result of a violation of this chapter shall be deemed to be unpaid minimum wages or unpaid overtime compensation for purposes of section 216 and 217 of this title: Provided, That liquidated damages shall be payable only in cases of willful violations of this chapter. In any action brought to enforce this chapter the court shall have jurisdiction to grant such legal or equitable relief as may be appropriate to effectuate the purposes of this chapter, including without limitation judgments compelling employment, reinstatement or promotion, or enforcing the liability for amounts deemed to be unpaid minimum wages or unpaid overtime compensation under this section. Before instituting any action under this section, the Equal Employment Opportunity Commission shall attempt to eliminate the discriminatory practice or practices alleged, and to effect voluntary compliance with the requirements of this chapter through informal methods of conciliation, conference, and persuasion.
(c)(1)Any person aggrieved may bring a civil action in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of this chapter: Provided, That the right of any person to bring such action shall terminate upon the commencement of an action by the Equal Employment Opportunity Commission to enforce the right of such employee under this chapter.
(2)In an action brought under paragraph (1), a person shall be entitled to a trial by jury of any issue of fact in any such action for recovery of amounts owing as a result of a violation of this chapter, regardless of whether equitable relief is sought by any party in such action.
(d)(1)No civil action may be commenced by an individual under this section until 60 days after a charge alleging unlawful discrimination has been filed with the Equal Employment Opportunity Commission. Such a charge shall be filed—
(A)within 180 days after the alleged unlawful practice occurred; or
(B)in a case to which section 633(b) of this title applies, within 300 days after the alleged unlawful practice occurred, or within 30 days after receipt by the individual of notice of termination of proceedings under State law, whichever is earlier.
(2)Upon receiving such a charge, the Commission shall promptly notify all persons named in such charge as prospective defendants in the action and shall promptly seek to eliminate any alleged unlawful practice by informal methods of conciliation, conference, and persuasion.
(3)For purposes of this section, an unlawful practice occurs, with respect to discrimination in compensation in violation of this chapter, when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to a discriminatory compensation decision or other practice, or when a person is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.
(e)section 259 of this title shall apply to actions under this chapter. If a charge filed with the Commission under this chapter is dismissed or the proceedings of the Commission are otherwise terminated by the Commission, the Commission shall notify the person aggrieved. A civil action may be brought under this section by a person defined in section 630(a) of this title against the respondent named in the charge within 90 days after the date of the receipt of such notice.
(f)(1)An individual may not waive any right or claim under this chapter unless the waiver is knowing and voluntary. Except as provided in paragraph (2), a waiver may not be considered knowing and voluntary unless at a minimum—
(A)the waiver is part of an agreement between the individual and the employer that is written in a manner calculated to be understood by such individual, or by the average individual eligible to participate;
(B)the waiver specifically refers to rights or claims arising under this chapter;
(C)the individual does not waive rights or claims that may arise after the date the waiver is executed;
(D)the individual waives rights or claims only in exchange for consideration in addition to anything of value to which the individual already is entitled;
(E)the individual is advised in writing to consult with an attorney prior to executing the agreement;
(F)(i)the individual is given a period of at least 21 days within which to consider the agreement; or
(ii)if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, the individual is given a period of at least 45 days within which to consider the agreement;
(G)the agreement provides that for a period of at least 7 days following the execution of such agreement, the individual may revoke the agreement, and the agreement shall not become effective or enforceable until the revocation period has expired;
(H)if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, the employer (at the commencement of the period specified in subparagraph (F)) informs the individual in writing in a manner calculated to be understood by the average individual eligible to participate, as to—
(i)any class, unit, or group of individuals covered by such program, any eligibility factors for such program, and any time limits applicable to such program; and
(ii)the job titles and ages of all individuals eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program.
(2)A waiver in settlement of a charge filed with the Equal Employment Opportunity Commission, or an action filed in court by the individual or the individual’s representative, alleging age discrimination of a kind prohibited under section 623 or 633a of this title may not be considered knowing and voluntary unless at a minimum—
(A)subparagraphs (A) through (E) of paragraph (1) have been met; and
(B)the individual is given a reasonable period of time within which to consider the settlement agreement.
(3)In any dispute that may arise over whether any of the requirements, conditions, and circumstances set forth in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) of paragraph (1), or subparagraph (A) or (B) of paragraph (2), have been met, the party asserting the validity of a waiver shall have the burden of proving in a court of competent jurisdiction that a waiver was knowing and voluntary pursuant to paragraph (1) or (2).
(4)No waiver agreement may affect the Commission’s rights and responsibilities to enforce this chapter. No waiver may be used to justify interfering with the protected right of an employee to file a charge or participate in an investigation or proceeding conducted by the Commission.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
2009—Subsec. (d). Pub. L. 111–2, § 4(1)(B)–(3), inserted “(1)” before “No civil” and “(2)” before “Upon receiving” and added par. (3). Pub. L. 111–2, § 4(1)(A), which directed amendment of first sentence by redesignating pars. (1) and (2) as subpars. (A) and (B), respectively, was executed by making the redesignation in the second sentence to reflect the probable intent of Congress. 1991—Subsec. (e). Pub. L. 102–166 struck out par. (1) designation, substituted “Section” for “section 255 and”, inserted at end “If a charge filed with the Commission under this chapter is dismissed or the proceedings of the Commission are otherwise terminated by the Commission, the Commission shall notify the person aggrieved. A civil action may be brought under this section by a person defined in section 630(a) of this title against the respondent named in the charge within 90 days after the date of the receipt of such notice.”, and struck out par. (2) which read as follows: “For the period during which the Equal Employment Opportunity Commission is attempting to effect voluntary compliance with requirements of this chapter through informal methods of conciliation, conference, and persuasion pursuant to subsection (b), the statute of limitations as provided in section 255 of this title shall be tolled, but in no event for a period in excess of one year.” 1990—Subsec. (f). Pub. L. 101–433 added subsec. (f). 1978—Subsec. (c). Pub. L. 95–256, § 4(a), designated existing provisions as par. (1) and added par. (2). Subsec. (d). Pub. L. 95–256, § 4(b)(1), substituted references to the filing of a charge with the Secretary alleging unlawful discrimination for references to the filing with the Secretary of notice of intent to sue. Subsec. (e). Pub. L. 95–256, § 4(c)(1), designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date
of 2009 AmendmentAmendment by Pub. L. 111–2 effective as if enacted May 28, 2007, and applicable to certain claims of discrimination in compensation pending on or after that date, see section 6 of Pub. L. 111–2, set out as a note under section 2000e–5 of Title 42, The Public Health and Welfare.
Effective Date
of 1991 AmendmentAmendment by Pub. L. 102–166 effective Nov. 21, 1991, except as otherwise provided, see section 402 of Pub. L. 102–166, set out as a note under section 1981 of Title 42, The Public Health and Welfare.
Effective Date
of 1990 Amendment Pub. L. 101–433, title II, § 202(a), Oct. 16, 1990, 104 Stat. 984, provided that: “The amendment made by section 201 [amending this section] shall not apply with respect to waivers that occur before the date of enactment of this Act [Oct. 16, 1990].”
Effective Date
of 1978 Amendment Pub. L. 95–256, § 4(b)(2), Apr. 6, 1978, 92 Stat. 190, provided that: “The amendment made by paragraph (1) of this subsection [amending this section] shall take effect with respect to civil actions brought after the date of enactment of this Act [Apr. 6, 1978].” Pub. L. 95–256, § 4(c)(2), Apr. 6, 1978, 92 Stat. 191, provided that: “The amendment made by paragraph (1) of this subsection [amending this section] shall take effect with respect to conciliations commenced by the Secretary of Labor after the date of enactment of this Act [Apr. 6, 1978].” Rule on Waivers Pub. L. 101–433, title II, § 202(b), Oct. 16, 1990, 104 Stat. 984, provided that: “Effective on the date of enactment of this Act [Oct. 16, 1990], the rule on waivers issued by the Equal Employment Opportunity Commission and contained in section 1627.16(c) of title 29, Code of Federal
Regulations
, shall have no force and effect.” Age Discrimination Claims Assistance Pub. L. 100–283, Apr. 7, 1988, 102 Stat. 78, as amended by Pub. L. 101–504, § 2, Nov. 3, 1990, 104 Stat. 1298, provided extension period for filing civil actions under this section, such period consisting of 450 days beginning on Apr. 7, 1988, in cases where a charge was timely filed with the Equal Employment Opportunity Commission after Dec. 31, 1983, and 450 days beginning on Nov. 3, 1990, in cases where a charge was timely filed after Apr. 6, 1985, but the Commission did not, within the applicable period set forth in subsec. (e) of this section either eliminate the alleged unlawful practice or notify the complainant, in writing, of the disposition of the charge and of right of such person to bring civil action on such claim; required the Commission to provide notice regarding claims for which extension period was applicable; and required the Commission to submit reports to Congress containing, among other things, information as to number of persons eligible for extension period and number of persons who were provided notice regarding claims for which extension period was provided.
Executive Documents
Transfer of Functions
“Equal Employment Opportunity Commission” and “Commission” substituted for “Secretary”, meaning Secretary of Labor, pursuant to Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, which transferred all functions vested by this section in Secretary of Labor to Equal Employment Opportunity Commission, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.
Reference
Citations & Metadata
Citation
29 U.S.C. § 626
Title 29 — Labor
Last Updated
Apr 6, 2026
Release point: 119-73