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 sectionof title 5, in executive agencies as defined in section 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.
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-
The head of each such department, agency, or unit shall comply with such rules, regulations, orders, and instructions of the Equal Employment Opportunity Commission which shall include a provision that an employee or applicant for employment shall be notified of any final action taken on any complaint of discrimination filed by him thereunder. Reasonable exemptions to the provisions of this section may be established by the Commission but only when the Commission has established a maximum age requirement on the basis of a determination that age is a bona fide occupational qualification necessary to the performance of the duties of the position. With respect to employment in the Library of Congress, authorities granted in this subsection to the Equal Employment Opportunity Commission shall be exercised by the Librarian of Congress.
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.
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.
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.
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 sectionsand of this title and the provisions of this section.
29 U.S.C. § 633a
REFERENCES IN TEXTThe 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.
AMENDMENTS2009-Subsec. (f). Pub. L. 111-2 substituted "of sections 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 sectionof Title 44, Public Printing and Documents.
EFFECTIVE DATE OF 2009 AMENDMENT Amendment 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 sectionof 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, sectionof this title, and section 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 AMENDMENT Amendment by Pub. L. 104-1 effective 1 year after Jan. 23, 1995, see sectionof Title 2, The Congress.
EFFECTIVE DATE OF 1978 AMENDMENTPub. L. 95-256, §5(f), Apr. 6, 1978, 92 Stat. 192, provided that: "The amendments made by this section [amending this section and sectionsand of Title 5, Government Organization and Employees, and repealing section 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 DATESection effective May 1, 1974, see section 29(a) of Pub. L. 93-259 set out as an Effective Date of 1974 Amendment note under sectionof this title.
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.