TITLE 29--LABOR
CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
PART 1626--PROCEDURES--AGE DISCRIMINATION IN EMPLOYMENT ACT
Sec.
1626.1 Purpose.
1626.2 Terms defined in the Age Discrimination in Employment Act
of 1967, as amended.
1626.3 Other definitions.
1626.4 Information concerning alleged violations of the Act.
1626.5 Where to submit complaints and charges.
1626.6 Form of charge.
1626.7 Timeliness of charge.
1626.8 Contents of charge; amendment of charge.
1626.9 Referral to and from State agencies; referral States.
1626.10 Agreements with State or local fair employment practices
agencies.
1626.11 Notice of charge.
1626.12 Conciliation efforts pursuant to section 7(d) of the Act.
1626.13 Withdrawal of charge.
1626.14 Right to inspect or copy data.
1626.15 Commission enforcement.
1626.16 Subpoenas.
1626.17 Procedure for requesting an opinion letter.
1626.18 Effect of opinions and interpretations of the Commission.
1626.19 Rules to be liberally construed.
Sec. 1626.1 Purpose.
The regulations set forth in this part contain the procedures established by the Equal Employment Opportunity Commission for carrying out its responsibilities in the administration and enforcement of the Age Discrimination in Employment Act of 1967, as amended.
Sec. 1626.2 Terms defined in the Age Discrimination in Employment Act of 1967, as amended.
The terms person, employer, employment agency, labor organization, employee, commerce, industry affecting commerce, and State as used herein shall have the meanings set forth in section 11 of the Age Discrimination in Employment Act, as amended.
Sec. 1626.3 Other definitions.
For purpose of this part, the term the Act shall mean the Age
Discrimination in Employment Act of 1967, as amended; the Commission
shall mean the Equal Employment Opportunity Commission or any
of its designated representatives; charge shall mean a statement
filed with the
Commission by or on behalf of an aggrieved person which alleges
that the named prospective defendant has engaged in or is about
to engage in actions in violation of the Act; complaint shall
mean information received from any source, that is not a charge,
which alleges that a named prospective defendant has engaged in
or is about to engage in actions in violation of the Act; charging
party means the person filing a charge; complainant means the
person filing a complaint; and respondent means the person named
as a prospective defendant in a charge or complaint, or as a result
of a Commission-initiated investigation.
Sec. 1626.4 Information concerning alleged violations of the Act.
The Commission may, on its own initiative, conduct investigations
of employers, employment agencies and labor organizations, in
accordance with the powers vested in it pursuant to sections 6
and 7 of the Act. The Commission shall also receive information
concerning alleged violations of the Act, including charges and
complaints, from any source. Where the information discloses a
possible violation, the appropriate Commission office may render
assistance in the filing of a
charge. The identity of a complainant, confidential witness, or
aggrieved person on whose behalf a charge was filed will ordinarily
not be disclosed without prior written consent, unless necessary
in a court proceeding.
Sec. 1626.5 Where to submit complaints and charges.
Complaints and charges may be submitted in person, by telephone,
or by mail to any of the District, Area or local Offices of the
Commission, or to the Washington Field Office, or at the Headquarters
of the Commission at Washington, DC, or with any designated representative
of the Commission. The addresses of the Commission's District,
Area and Local Offices appear at Sec. 1610.4. [48 FR 140, Jan.
3, 1983, as amended at 49 FR 13025, Apr. 2, 1984; 54 FR
32063, Aug. 4, 1989]
Sec. 1626.6 Form of charge.
A charge shall be in writing and shall name the prospective respondent and shall generally allege the discriminatory act(s). Charges received in person or by telephone shall be reduced to writing.
Sec. 1626.7 Timeliness of charge.
(a) Charges will not be rejected as untimely provided that
they are not barred by the statute of limitations as stated in
section 6 of the Portal to Portal Act of 1947.
(b) Potential charging parties will be advised that, pursuant
to section 7(d) (1) and (2) of the Act, no civil suit may be commenced
by an individual until 60 days after a charge has been filed on
the subject matter of the suit, and such charge shall be filed
with the Commission or its designated agent within 180 days of
the alleged discriminatory action, or, in a case where the alleged
discriminatory action occurs in a State which has its own age
discrimination law and authority administering that law, within
300 days of the alleged discriminatory action, or 30 days after
receipt of notice of termination of State proceedings, whichever
is earlier.
(c) For purposes of determining the date of filing with the Commission,
the following applies:
(1) Charges filed by mail:
(i) Date of postmark, if legible,
(ii) Date of letter, if postmark is illegible,
(iii) Date of receipt by Commission, or its designated agent,
if postmark and letter date are illegible and/or cannot be accurately
affixed;
(2) Written charges filed in person: Date of receipt;
(3) Oral charges filed in person or by telephone, as reduced to
writing: Date of oral communication received by Commission.
Sec. 1626.8 Contents of charge; amendment of charge.
(a) In addition to the requirements of Sec. 1626.6, each charge
should contain the following:
(1) The full name, address and telephone number of the person
making the charge;
(2) The full name and address of the person against whom the charge
is made;
(3) A clear and concise statement of the facts, including pertinent
dates, constituting the alleged unlawful employment practices;
(4) If known, the approximate number of employees of the prospective
defendant employer or members of the prospective defendant labor
organization.
(5) A statement disclosing whether proceedings involving the alleged
unlawful employment practice have been commenced before a State
agency charged with the enforcement of fair employment practice
laws and, if so, the date of such commencement and the name of
the agency.
(b) Notwithstanding the provisions of paragraph (a) of this section,
a charge is sufficient when the Commission receives from the person
making the charge either a written statement or information reduced
to writing by the Commission that conforms to the requirements
of Sec. 1626.6.
(c) A charge may be amended to clarify or amplify allegations
made therein. Such amendments and amendments alleging additional
acts which constitute unlawful employment practices related to
or growing out of the subject matter of the original charge will
relate back to the date the charge was first received. A charge
that has been so amended shall not again be referred to the appropriate
State agency.
Sec. 1626.9 Referral to and from State agencies; referral States.
(a) The Commission may refer all charges to any appropriate
State agency and will encourage State agencies to refer charges
to the Commission in order to assure that the prerequisites for
private law suits, as set out in section 14(b) of the Act, are
met. Charges so referred shall be deemed to have been filed with
the Commission in accordance with the specifications contained
in Sec. 1626.7(b). The Commission may process any charge at any
time, notwithstanding
provisions for referral to and from appropriate State agencies.
(b) States to which all ADEA charges may be referred: Alaska,
California, Connecticut, Delaware, District of Columbia, Florida,
Georgia, Guam, Hawaii, Idaho, Illinois, Iowa, Kentucky, Maryland,
Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada,
New
Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania,
Puerto Rico, South Carolina, Utah, Virgin Islands, West Virginia,
and Wisconsin.
(c) States to which only specified classes of charges are referred:
Arizona, Colorado, Kansas, Maine, Ohio, Rhode Island, South Dakota,
and Washington.
Sec. 1626.10 Agreements with State or local fair employment practices agencies.
(a) Pursuant to sections 6 and 7 of the ADEA and section 11(b)
of
the FLSA, the Commission may enter into agreements with State
or local fair employment practices agencies to cooperate in enforcement,
technical assistance, research, or public informational activities,
and may engage the services of such agencies in processing charges
assuring the safeguard of the Federal rights of aggrieved persons.
(b) The Commission may enter into agreements with State or local
agencies which authorize such agencies to receive charges and
complaints pursuant to Sec. 1626.5 and in accordance with the
specifications contained in Secs. 1626.7 and 1626.8.
(c) When a worksharing agreement with a State agency is in effect,
the State agency will act on certain charges and the Commission
will promptly process charges which the State agency does not
pursue. Charges received by one agency under the agreement shall
be deemed received by
the other agency for purposes of Sec. 1626.7
Sec. 1626.11 Notice of charge.
Upon receipt of a charge, the Commission shall promptly notify the respondent that a charge has been filed.
Sec. 1626.12 Conciliation efforts pursuant to section 7(d) of the Act.
Upon receipt of a charge, the Commission shall promptly attempt to eliminate any alleged unlawful practice by informal methods of conciliation, conference and persuasion. Upon failure of such conciliation the Commission will notify the charging party. Such notification enables the charging party or any person aggrieved by the subject matter of the charge to commence action to enforce their rights without waiting for the lapse of 60 days.
Sec. 1626.13 Withdrawal of charge.
Charging parties may request withdrawal of a charge. Because the Commission has independent investigative authority, see Sec. 1626.4, it may continue any investigation and may secure relief for all affected persons notwithstanding a request by a charging party to withdraw a charge.
Sec. 1626.14 Right to inspect or copy data.
A person who submits data or evidence to the Commission may retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that a witness may for good cause be limited to inspection of the official transcript of his or her testimony.
Sec. 1626.15 Commission enforcement.
(a) As provided in sections 9, 11, 16 and 17 of the Fair Labor
Standards Act of 1938, as amended (29 U.S.C. 209, 211, 216 and
217) (FLSA) and sections 6 and 7 of this Act, the Commission and
its authorized representatives may (1) investigate and gather
data; (2) enter and inspect establishments and records and make
transcripts thereof; (3) interview employees; (4) impose on persons
subject to the Act appropriate recordkeeping and reporting requirements;
(5) advise
employers, employment agencies and labor organizations with regard
to their obligations under the Act and any changes necessary in
their policies, practices and procedures to assure compliance
with the Act; (6) subpoena witnesses and require the production
of documents and other evidence; (7) supervise the payment of
amounts owing pursuant to section 16(c) of the FLSA, and (8) institute
action under section 16(c) or section 17 of the FLSA or both to
obtain appropriate relief.
(b) Whenever the Commission has a reasonable basis to conclude
that a violation of the Act has occurred or will occur, it may
commence conciliation under section 7(b) of the Act. The date
of issuance of written notice to the respondent of the Commission's
intent to begin or continue conciliation shall determine when
the statute of limitations is tolled pursuant to section 7(e)(2)
of the Act. Such notice will ordinarily be issued in the form
of a letter of violation; provided, however, that failure to issue
a written violation letter shall in no instance be construed as
a finding of no violation. The Commission will ordinarily notify
the respondent and aggrieved persons of its determination. In
the process of conducting any investigation or conciliation under
this Act, the identity of persons who have provided information
in confidence shall not be disclosed except in accordance with
Sec. 1626.4. When the written notice prescribed above is issued,
the statute of limitations shall be tolled for a period of one
year unless a conciliation agreement is obtained earlier. The
tolling period pursuant to section 7(e)(2) is applicable to
both Commission and private party litigation.
(c) Any agreement reached as a result of efforts undertaken pursuant
to this section shall, as far as practicable, require the respondent
to eliminate the unlawful practice(s) and provide appropriate
affirmative relief. Such agreement shall be reduced to writing
and will ordinarily
be signed by the Commission's delegated representative, the respondent,
and the charging party, if any. A copy of the signed agreement
shall be sent to all the signatories thereto.
(d) Upon the failure of informal conciliation, conference and
persuasion under section 7(b) of the Act, the Commission may initiate
and conduct litigation.
(e) The District Directors, the Washington Field Office Director,
and the Director of the Office of Program Operations or their
designees, are hereby delegated authority to exercise the powers
enumerated in Sec. 1626.15(a) (1) through (7) and (b) and (c).
The General Counsel or his/her designee is hereby delegated the
authority to exercise the powers in paragraph (a) of this section
and at the direction of the Commission to initiate and conduct
litigation.
[48 FR 140, Jan. 3, 1983, as amended at 54 FR 32063, Aug. 4, 1989;
54 FR 33503, Aug. 15, 1989]
Sec. 1626.16 Subpoenas.
(a) To effectuate the purposes of the Act the Commission shall
have the authority to issue a subpoena requiring:
(1) The attendance and testimony of witnesses;
(2) The production of evidence including, but not limited to,
books, records, correspondence, or documents, in the possession
or under the control of the person subpoenaed; and
(3) Access to evidence for the purpose of examination and the
right to copy.
(b) The power to issue subpoenas has been delegated by the Commission,
pursuant to section 6(a) of the Act, to the General Counsel, the
District Directors, the Washington Field Office Director, the
Director of the Office of Program Operations, or their designees.
The subpoena shall state the name, address and title of the issuer,
identify the person or evidence subpoenaed, the name of the person
to whom the subpoena is returnable, the date, time and place that
testimony is to be given or that documents are to be provided
or access provided.
(c) A subpoena issued by the Commission or its designee pursuant
to the Act is not subject to review or appeal.
(d) Upon the failure of any person to comply with a subpoena issued
under this section, the Commission may utilize the provisions
of sections 9 and 10 of the Federal Trade Commission Act, 15 U.S.C.
49 and 50, to compel compliance with the subpoena.
(e) Persons subpoenaed shall be entitled to the same fees and
mileage that are paid witnesses in the courts of the United States.
[48 FR 140, Jan. 3, 1983, as amended at 54 FR 32063, Aug. 4, 1989]
Sec. 1626.17 Procedure for requesting an opinion letter.
(a) A request for an opinion letter should be submitted in
writing to the Chairman, Equal Employment Opportunity Commission,
1801 L Street NW., Washington DC 20507, and shall contain:
(1) A concise statement of the issues on which an opinion is requested;
(2) As full a statement as possible of relevant facts and law;
and
(3) The names and addresses of the person making the request and
other interested persons.
(b) Issuance of an opinion letter by the Commission is discretionary.
(c) Informal advice. When the Commission, at its discretion, determines
that it will not issue an opinion letter as defined in Sec. 1626.18,
the Commission may provide informal advice or guidance to the
requestor. An informal letter of advice does not represent the
formal position of the Commission and does not commit the Commission
to the views expressed therein. Any letter other than those defined
in Sec. 1626.18(a)(1) will be considered a letter of advice and
may not be relied upon by any employer within the meaning of section
10 of the Portal to Portal Act of 1947, incorporated into the
Age Discrimination in Employment Act of 1967 through section 7(e)(1)
of the Act.
[48 FR 140, Jan. 3, 1983, as amended at 54 FR 32063, Aug. 4, 1989]
Sec. 1626.18 Effect of opinions and interpretations of the Commission.
(a) Section 10 of the Portal to Portal Act of 1947, incorporated
into the Age Discrimination in Employment Act of 1967 through
section 7(e)(1) of the Act, provides that:
In any action or proceeding based on any act or omission on or
after the date of the enactment of this Act, no employer shall
be subject to any liability or punishment * * * if he pleads and
proves that the act or omission complained of was in good faith
in conformity with and in reliance on any written administrative
regulations, order, ruling, approval or interpretation * * * or
any administrative practice or enforcement policy of [the Commission].
The Commission has determined that only (1) a written document,
entitled "opinion letter,'' signed by the Legal Counsel on
behalf of and as approved by the Commission, or (2) a written
document issued in the conduct of litigation, entitled "opinion
letter,'' signed by the General Counsel on behalf of and as approved
by the Commission, or (3) matter published and specifically designated
as such in the Federal Register, may be relied upon by any employer
as a "written regulation, order, ruling, approval or interpretation''
or "evidence of any administrative practice or enforcement
policy'' of the Commission "with respect to the class of
employers to which he belongs,'' within the meaning of the statutory
provisions quoted above.
(b) An opinion letter issued pursuant to paragraph (a)(1) of this
section, when issued to the specific addressee, has no effect
upon situations other than that of the specific addressee.
(c) When an opinion letter, as defined in paragraph (a)(1) of
this
section, is requested, the procedure stated in Sec. 1626.17 shall
be
followed.
Sec. 1626.19 Rules to be liberally construed.
(a) These rules and regulations shall be liberally construed
to effectuate the purposes and provisions of this Act and any
other acts administered by the Commission.
(b) Whenever the Commission receives a charge or obtains information
relating to possible violations of one of the statutes which it
administers and the charge or information reveals possible violations
of one or more of the other statutes which it administers, the
Commission
will treat such charges or information in accordance with all
such relevant statutes.
(c) Whenever a charge is filed under one statute and it is subsequently
believed that the alleged discrimination constitutes an unlawful
employment practice under another statute administered and enforced
by the Commission, the charge may be so amended and timeliness
determined from the date of filing of the original charge.
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