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Title 29 — LaborRelease 119-73not60

§633 Federal-state Relationship

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

Last updated Apr 5, 2026|Official source

Summary

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

Full Legal Text

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.

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

Apr 5, 2026

Release point: 119-73not60