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Title 29, LaborRelease 119-110

§633 Federal-state Relationship

Title 29 › CHAPTER 14 — AGE DISCRIMINATION IN EMPLOYMENT › § 633

Last updated Sep 22, 2026|Official source

Summary

When a federal case is started under this law, it takes over and replaces any similar state agency action. If a state has its own age-discrimination law and agency, you must wait before filing a federal suit under section 626. You cannot file until 60 days after the state case starts, unless the state case ends sooner. In the first year after the state law begins, the wait is 120 days. If the state needs something more than a signed written account to begin the case, the state case is treated as started when that signed account is sent by registered mail to the proper state agency.

Full Legal Text

Title 29, §633

Labor, Source: USLM XML via OLRC

(a)Federal action superseding State action
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)Limitation of Federal action upon commencement of State proceedings
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.

Legislative History

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.

Reference

Citations & Metadata

Citation

29 U.S.C. § 633

Title 29, Labor

Last Updated

Sep 22, 2026

Release point: 119-110