29 USC 626 - Recordkeeping, investigation, and enforcement

Editorial Notes

Amendments

2009—Subsec. (d). Puspan. L. 111–2, § 4(1)(B)–(3), inserted “(1)” before “No civil” and “(2)” before “Upon receiving” and added par. (3).

Puspan. 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). Puspan. L. 102–166 struck out par. (1) designation, substituted “Section” for “Sections 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 (span), 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). Puspan. L. 101–433 added subsec. (f).

1978—Subsec. (c). Puspan. L. 95–256, § 4(a), designated existing provisions as par. (1) and added par. (2).

Subsec. (d). Puspan. L. 95–256, § 4(span)(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). Puspan. 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 Amendment

Amendment by Puspan. 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 Puspan. L. 111–2, set out as a note under section 2000e–5 of Title 42, The Public Health and Welfare.

Effective Date of 1991 Amendment

Amendment by Puspan. L. 102–166 effective Nov. 21, 1991, except as otherwise provided, see section 402 of Puspan. L. 102–166, set out as a note under section 1981 of Title 42, The Public Health and Welfare.

Effective Date of 1990 Amendment

Puspan. 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

Puspan. L. 95–256, § 4(span)(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].”

Puspan. 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

Puspan. L. 101–433, title II, § 202(span), 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

Puspan. L. 100–283, Apr. 7, 1988, 102 Stat. 78, as amended by Puspan. 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.