§633 — Title 29 Labor | U.S. Code

Summary

State agencies that handle age discrimination keep their authority. But if someone starts a federal case under this law, the federal case replaces the state action. If a state has its own age-discrimination law and agency, you must wait 60 days after the state process starts before filing a federal lawsuit under this law, unless the state case ends sooner. In the first year after the state law takes effect, that wait is 120 days. If the state requires more than just a written, signed statement of facts to begin its process, the process is treated as started when that signed statement is sent by registered mail to the proper state agency.

Title 29, §633

Labor — Source: USLM XML via OLRC

(a)Nothing in this chapter 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 chapter such action shall 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 626 of this title before the expiration of sixty days after proceedings have been commenced under the State law, unless such proceedings have been earlier terminated: Provided, That such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective 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 purposes of this subsection at the time such statement is sent by registered mail to the appropriate State authority.

Notes & Related Subsidiaries

Executive Documents

Transfer of Functions

Functions vested by this section in Secretary of Labor or Civil Service Commission transferred to Equal Employment Opportunity Commission by 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, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

§633 Federal-State relationship

Summary

Title 29, §633

Notes & Related Subsidiaries

Executive Documents

Transfer of Functions

Citations & Metadata