Title 29 — LaborRelease 119-73
§633a Nondiscrimination on account of age in Federal Government employment
Title 29 › Chapter CHAPTER 14— - AGE DISCRIMINATION IN EMPLOYMENT › § 633a
Summary
People who are 40 years old or older must not be treated unfairly because of their age in job decisions by most federal employers. This rule covers employees and job applicants (except noncitizens working outside the United States) in military departments, executive agencies, the U.S. Postal Service and Postal Regulatory Commission, certain competitive-service jobs in the D.C. and judicial branches, the Smithsonian, the Government Publishing Office, the Government Accountability Office, and the Library of Congress. Job decisions like hiring, firing, promotions, pay, and similar personnel actions must be free from age bias. The Equal Employment Opportunity Commission (EEOC) enforces the rule. The EEOC can order fixes such as hiring or rehiring people with or without back pay. It must make rules, review agency programs, publish progress reports at least twice a year, seek public input, and handle complaints. A person who was harmed may sue in federal court. If they have not filed a complaint with the EEOC first, they must give the EEOC at least 30 days’ notice before suing, and that notice must be filed within 180 days of the alleged act. After notice, the EEOC will notify those named and try to stop any unlawful practice. Agencies still have other legal duties to prevent age discrimination. Personnel actions covered here are not governed by other parts of the law except sections 626(d)(3) and 631(b) and this rule. The EEOC had to study the 1978 amendments and section 631(b) and report to the President and Congress by January 1, 1980.
Full Legal Text
Title 29, §633a
Labor — Source: USLM XML via OLRC
(a)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 Regulatory 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 Publishing Office, the Government Accountability Office, and the Library of Congress shall be made free from any discrimination based on age.
(b)Except as otherwise provided in this subsection, the Equal Employment Opportunity Commission is authorized to enforce the provisions of subsection (a) 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);
(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.
(c)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)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)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)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 626(d)(3) and 631(b) of this title and the provisions of this section.
(g)(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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The
Amendments
made to this section by the Age Discrimination in Employment Act
Amendments
of 1978, referred to in subsec. (g)(1), are
Amendments
by section 5(a) and (e) of Pub. L. 95–256, which amended subsecs. (a), (f), and (g) of this section.
Amendments
2009—Subsec. (f). Pub. L. 111–2 substituted “of section 626(d)(3) and” for “of section”. 2006—Subsec. (a). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”. 2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. 1998—Subsec. (a). Pub. L. 105–220 inserted “in the Smithsonian Institution,” before “and in the Government Printing Office”. 1995—Subsec. (a). Pub. L. 104–1 substituted “units of the judicial branch” for “units of the legislative and judicial branches” and inserted “Government Printing Office, the General Accounting Office, and the” before “Library of Congress”. 1978—Subsec. (a). Pub. L. 95–256, § 5(a), inserted age requirement of at least 40 years of age, and “personnel actions” after “except”. Subsecs. (f), (g). Pub. L. 95–256, § 5(e), added subsecs. (f) and (g).
Statutory Notes and Related Subsidiaries
Change of Name
“Government Publishing Office” substituted for “Government Printing Office” in subsec. (a) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
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 1998 Amendment Pub. L. 105–220, title III, § 341(d), Aug. 7, 1998, 112 Stat. 1092, which provided that
Amendments
made by subsections (a), (b), and (c) (amending this section, section 791 of this title, and section 2000e–16 of Title 42, The Public Health and Welfare) would take effect on Aug. 7, 1998, and would be applicable to and may be raised in any administrative or judicial claim or action brought before Aug. 7, 1998, but pending on such date, and any administrative or judicial claim or action brought after Aug. 7, 1998, regardless of whether the claim or action arose prior to such date, if the claim or action was brought within the applicable statute of limitations, was repealed by Pub. L. 113–128, title V, § 511(a), July 22, 2014, 128 Stat. 1705.
Effective Date
of 1995 AmendmentAmendment by Pub. L. 104–1 effective 1 year after Jan. 23, 1995, see section 1311(e) of Title 2, The Congress.
Effective Date
of 1978 Amendment Pub. L. 95–256, § 5(f), Apr. 6, 1978, 92 Stat. 192, provided that: “The
Amendments
made by this section [amending this section and section 8335 and 8339 of Title 5, Government Organization and Employees, and repealing section 3322 of Title 5] shall take effect on September 30, 1978, except that section 15(g) of the Age Discrimination in Employment Act of 1967, as amended by subsection (e) of this section [subsec. (g) of this section], shall take effect on the date of enactment of this Act [Apr. 6, 1978].”
Effective Date
Section effective May 1, 1974, see section 29(a) of Pub. L. 93–259, set out as an
Effective Date
of 1974 Amendment note under section 202 of this title.
Executive Documents
Transfer of Functions
“Equal Employment Opportunity Commission” substituted for “Civil Service Commission” in subsecs. (b) and (g) 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 Civil Service Commission 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. § 633a
Title 29 — Labor
Last Updated
Apr 6, 2026
Release point: 119-73