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with the furniture in use in such bureau, office, department, or branch of the public service, are transferred to the Department of Labor. (Mar. 4, 1913, ch. 141, § 5, 37 Stat. 737.)

§ 562. Same; laws operative.

All laws prescribing the work and defining the duties of the several bureaus, offices, departments, or branches of the public service transferred to and made a part of the Department of Labor shall, so far as the same are not in conflict with the provisions of this chapter, remain in full force and effect, to be executed under the direction of the Secretary of Labor. (Mar. 4, 1913, ch. 141, § 6, 37 Stat. 738.)

REFERENCES IN TEXT

Word "chapter" is translation of word "Act", meaning act Mar. 4, 1913, which is classified in part to this chapter and to sections in other titles. For complete distribution see Tables.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of Labor and all functions of all agencies and employees of the Department were, with the exception of the functions vested by the Administrative Procedure Act [now covered by section 551 et seq. of Title 5, Government Organization and Employees] in hearing examiners employed by the Department, transferred to the Secretary of Labor, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 6, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5.

§ 563. Working capital fund; establishment; availability; capitalization; reimbursement.

There is established a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of (1) a central reproduction service; (2) a central visual exhibit service; (3) a central supply service for supplies and equipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department; (4) a central tabulating service; (5) telephone, mail and messenger services; (6) a central accounting and payroll service; and (7) a central laborers' service: Provided, That any stocks of supplies and equipment on hand or on order shall be used to capitalize such fund: Provided further, That such fund shall be reimbursed in advance from funds available to bureaus, offices, and agencies for which such centralized services are performed at rates which will return in full all expenses of operation, including reserves for accrued annual leave and depreciation of equipment. (Pub L. 85-67, title I, § 101, June 29, 1957, 71 Stat. 210; Pub. L. 86-703, title I, § 101, Sept. 2, 1960, 74 Stat. 755.)

AMENDMENTS

1960-Pub. L. 86-703 made the fund available for the maintenance and operation of a central tabulating service, a central accounting and payroll service, and a central laborers' service.

§ 564. Working capital fund; availability for personnel functions in regional administrative offices. The Working Capital Fund of the Department of Labor shall be available on and after March 5, 1970, for expenses necessary for personnel functions in regional administrative offices. (Pub. L. 91204, title I, § 100, Mar. 5, 1970, 84 Stat. 26.)

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605. 606. 607.

Special counseling and job development assistance.
Annual report to Congress.

Rules and regulations; delegation of authority.

§ 601. Establishment of Exemplary Rehabilitation Certificates.

The Secretary of Labor shall act on any application for an Exemplary Rehabilitation Certificate received under this chapter from any person who was discharged or dismissed under conditions other than honorable, or who received a general discharge, at least three years before the date of receipt of such application. (Pub. L. 90-83, § 6(a), Sept. 11, 1967, 81 Stat. 221.)

§ 602. Issuance of certificates; showing of rehabilitation; military personnel records.

In the case of any person discharged or dismissed from an armed force under conditions other than honorable before or after the enactment of this chapter, the Secretary of Labor may consider an application for, and issue to that person, an Exemplary Rehabilitation Certificate dated as of the date of issuance, if it is established to his satisfaction that such person has rehabilitated himself, that his character is good, and that his conduct, activities, and habits since he was so discharged or dismissed have been exemplary for a reasonable period of time, but not less than three years. The Secretary of Labor shall supply to the Secretary of Defense a copy of each Exemplary Rehabilitation Certificate which is issued, and the Secretary of Defense shall place it in the military personnel record of the individual to whom the certificate is issued. (Pub. L. 90–83, § 6(b), Sept. 11, 1967, 81 Stat. 221.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 603, 604 of this title.

§ 603. Supporting oral and written evidence.

For the purposes of section 602 of this title, oral and written evidence, or both, may be used, including

(1) a notarized statement from the chief law enforcement officer of the town, city, or county in which the applicant resides, attesting to his general reputation so far as police and court records are concerned;

(2) a notarized statement from his employer, if employed, giving the employer's address, and attesting to the applicant's general reputation and employment record;

(3) notarized statements from not less than five persons, attesting that they have personally known him for at least three years as a person of good reputation and exemplary conduct, and the extent of personal contact they have had with him; and

(4) such independent investigations as the Secretary of Labor may make.

Any person making application under this chapter may appear in person or by counsel before the Secretary of Labor. (Pub. L. 90-83, § 6(c), Sept. 11, 1967, 81 Stat. 221.)

§ 604. Other benefits.

No benefits under any laws of the United States (including but not limited to those relating to pensions, compensation, hospitalization, military pay and allowances, education, loan guarantees, retired pay, or other benefits based on military service) shall accrue to any person to whom an Exemplary Rehabilitation Certificate is issued under section 602 of this title unless he would be entitled to those benefits under his original discharge or dismissal. (Pub. L. 90-83, § 6(d), Sept. 11, 1967, 81 Stat. 221.) § 605. Special counseling and job development assist

ance.

The Secretary of Labor shall require that the national system of public employment offices established under the Act of June 6, 1933, chapter 49, as amended, accord to any person who has been discharged or dismissed under conditions other than honorable but who has been issued an Exemplary Rehabilitation Certificate special counseling and job development assistance. (Pub. L. 90-83, § 6(e), Sept. 11, 1967, 81 Stat. 221.)

REFERENCES IN TEXT

Act of June 6, 1933, chapter 49, as amended, referred to in text, is classified to section 49 et seq. of this title.

§ 606. Annual report to Congress.

The Secretary of Labor shall report to Congress not later than January 15 of each year the number of cases reviewed by him under this chapter and the number of Exemplary Rehabilitation Certificates issued. (Pub. L. 90-83, § 6(f), Sept. 11, 1967, 81 Stat. 221.)

§ 607. Rules and regulations; delegation of authority. In carrying out the provisions of this chapter the Secretary of Labor is authorized to (1) issue regulations; (2) delegate his authority; (3) utilize the services of the Civil Service Commission for making such investigations as may be mutually agreeable. (Pub. L. 90-83, § 6(g), Sept. 11, 1967, 81 Stat. 221.)

Sec.

621.

622.

Chapter 14.-AGE DISCRIMINATION IN

EMPLOYMENT

Congressional statement of findings and purpose. Education and research program; recommendation to Congress.

623. Prohibition of age discrimination.

(a) Employer practices.

(b) Employment agency practices.

(c) Labor organization practices.

(d) Opposition to unlawful practices; participation in investigations, proceedings, or litigation.

(e) Printing or publication of notice or advertisement indicating preference, limitation, etc.

(f) Lawful practices; age an occupational qualification; other reasonable factors; seniority system; employee benefit plans; discharge or discipline for good cause. 624. Study by Secretary of Labor; reports to President and Congress.

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632.

633.

634.

(b) Enforcement; prohibition of age discrimination under fair labor standards; unpaid minimum wages and unpaid overtime compensation; liquidated damages; judicial relief; conciliation, conference, and persuasion.

(c) Civil actions; persons aggrieved; jurisdiction; judicial relief; termination of individual action upon commencement of action by Secretary.

(d) Same; notice to Secretary: timeliness; conciliation, conference, and persuasion.

(e) Statute of limitations; reliance in future on administrative rulings, etc.

Notices to be posted.

Rules and regulations; exemptions. Criminal penalties.

Definitions.

Age limits.

Annual report to Congress.

Federal-State relationship.

(a) Federal action superseding State action.
(b) Limitation of Federal action upon com-
mencement of State proceedings.

Authorization of appropriations.

§ 621. Congressional statement of findings and purpose.

(a) The Congress hereby finds and declares that— (1) in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs;

(2) the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons;

(3) the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave;

(4) the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and the free flow of goods in commerce.

(b) It is therefore the purpose of this chapter to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment. (Pub. L. 90-202, § 2, Dec. 15, 1967, 81 Stat. 602.)

EFFECTIVE DATE; RULES AND REGULATIONS Section 15 of Pub. L. 90-202 provided that: "This Act [this chapter] shall become effective one hundred and eighty days after enactment [Dec. 15, 1967], except (a) that the Secretary of Labor may extend the delay in effective date of any provision of this Act [this chapter] up to an additional ninety days thereafter if he finds that such time is necessary in permitting adjustments to the

provisions hereof, and (b) that on or after the date of enactment [Dec. 15, 1967] the Secretary of Labor is authorized to issue such rules and regulations as may be necessary to carry out its provisions."

SHORT TITLE

Section 1 of Pub. L. 90-202 provided: "That this Act [which enacted this chapter] may be cited as the 'Age Discrimination in Employment Act of 1967'."

§ 622. Education and research program; recommendation to Congress.

(a) The Secretary of Labor shall undertake studies and provide information to labor unions, management, and the general public concerning the needs and abilities of older workers, and their potentials for continued employment and contribution to the economy. In order to achieve the purposes of this chapter, the Secretary of Labor shall carry on a continuing program of education and information, under which he may, among other measures—

(1) undertake research, and promote research, with a view to reducing barriers to the employment of older persons, and the promotion of measures for utilizing their skills;

(2) publish and otherwise make available to employers, professional societies, the various media of communication, and other interested persons the findings of studies and other materials for the promotion of employment;

(3) foster through the public employment service system and through cooperative effort the development of facilities of public and private agencies for expanding the opportunities and potentials of older persons;

(4) sponsor and assist State and community informational and educational programs.

(b) Not later than six months after the effective date of this chapter, the Secretary shall recommend to the Congress any measures he may deem desirable to change the lower or upper age limits set forth in section 631 of this title. (Pub. L. 90-202, § 3, Dec. 15, 1967, 81 Stat. 602.)

REFERENCES IN TEXT

Effective date of this chapter as one hundred and eighty days after Dec. 15, 1967, as extended an additional ninety days thereafter for any provision when necessary to permit adjustments to such provision, see section 15 of Pub. L. 90-202, set out as a note under section 621 of this title.

§ 623. Prohibition of age discrimination.

(a) Employer practices.

It shall be unlawful for an employer

(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age;

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age; or

(3) to reduce the wage rate of any employee in order to comply with this chapter.

(b) Employment agency practices.

It shall be unlawful for an employment agency to fail or refuse to refer for employment, or otherwise to

discriminate against, any individual because of such individual's age, or to classify or refer for employment any individual on the basis of such individual's age.

(c) Labor organization practices.

It shall be unlawful for a labor organization— (1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his age;

(2) to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's age; (3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

(d) Opposition to unlawful practices; participation in investigations, proceedings, or litigation.

It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual, member or applicant for membership has opposed any practice made unlawful by this section, or because such individual, member or applicant for membership has made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or litigation under this chapter.

(e) Printing or publication of notice or advertisement indicating preference, limitation, etc.

It shall be unlawful for an employer, labor organization, or employment agency to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment for such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification, or discrimination, based on age.

(f) Lawful practices; age an occupational qualification; other reasonable factors; seniority system; employee benefit plans; discharge or discipline for good cause.

It shall not be unlawful for an employer, employment agency, or labor organization—

(1) to take any action otherwise prohibited under subsections (a), (b), (c), or (e) of this section where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age;

(2) to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of this chapter, except that no such employee benefit plan shall excuse the failure to hire any individual; or

(3) to discharge or otherwise discipline an individual for good cause. (Pub. L. 90-202, § 4, Dec. 15, 1967, 81 Stat. 603.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 626 of this title.

§ 624. Study by Secretary of Labor; reports to President and Congress.

The Secretary of Labor is directed to undertake an appropriate study of institutional and other arrangements giving rise to involuntary retirement, and report his findings and any appropriate legislative recommendations to the President and to the Congress. (Pub. L. 90-202, § 5, Dec. 15, 1967, 81 Stat. 604.)

§ 625. Administration.

The Secretary shall have the power

(a) Delegation of functions; appointment of personnel; technical assistance.

to make delegations, to appoint such agents and employees, and to pay for technical assistance on a fee for service basis, as he deems necessary to assist him in the performance of his functions under this chapter;

(b) Cooperation with other agencies, employers, labor organizations, and employment agencies. to cooperate with regional, State, local, and other agencies, and to cooperate with and furnish technical assistance to employers, labor organizations, and employment agencies to aid in effectuating the purposes of this chapter.

(Pub. L. 90-202, § 6, Dec. 15, 1967, 81 Stat. 604.)

§ 626. Recordkeeping, investigation, and enforcement. (a) Attendance of witnesses; investigations, inspections, records, and homework regulations. The Secretary shall have the power to make investigations and require the keeping of records necessary or appropriate for the administration of this chapter in accordance with the powers and procedures provided in sections 209 and 211 of this title. (b) Enforcement; prohibition of age discrimination

under fair labor standards; unpaid minimum wages and unpaid overtime compensation; liquidated damages; judicial relief; conciliation, conference, and persuasion.

The provisions of this chapter shall be enforced in accordance with the powers, remedies, and procedures provided in sections 211(b), 216 (except for subsection (a) thereof), and 217 of this title, and subsection (c) of this section. Any act prohibited under section 623 of this title shall be deemed to be a prohibited act under section 215 of this title. Amounts owing to a person as a result of a violation of this chapter shall be deemed to be unpaid minimum wages or unpaid overtime compensation for purposes of sections 216 and 217 of this title: Provided, That liquidated damages shall be payable only in cases of willful violations of this chapter. In any action brought to enforce this chapter the court shall have jurisdiction to grant such legal or equitable relief as may be appropriate to effectuate the purposes of this chapter, including without limitation judgments compelling employment, reinstatement or promotion, or enforcing the liability for

amounts deemed to be unpaid minimum wages or unpaid overtime compensation under this section. Before instituting any action under this section, the Secretary shall attempt to eliminate the discriminatory practice or practices alleged, and to effect voluntary compliance with the requirements of this chapter through informal methods of conciliation, conference, and persuasion.

(c) Civil actions; persons aggrieved; jurisdiction; judicial relief; termination of individual action upon commencement of action by Secretary. Any person aggrieved may bring a civil action in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of this chapter: Provided, That the right of any person to bring such action shall terminate upon the commencement of an action by the Secretary to enforce the right of such employee under this chapter. (d) Same; notice to Secretary: timeliness; conciliation, conference, and persuasion.

No civil action may be commenced by any individual under this section until the individual has given the Secretary not less than sixty days' notice of an intent to file such action. Such notice shall be filed

(1) within one hundred and eighty days after the alleged unlawful practice occurred, or

(2) in a case to which section 633(b) of this title applies, within three hundred days after the alleged unlawful practice occurred or within thirty days after receipt by the individual of notice of termination of proceedings under State law, whichever is earlier.

Upon receiving a notice of intent to sue, the Secretary shall promptly notify all persons named therein as prospective defendants in the action and shall promptly seek to eliminate any alleged unlawful practice by informal methods of conciliation, conference, and persuasion.

(e) Statute of limitations; reliance in future on administrative rulings, etc.

Sections 255 and 259 of this title shall apply to actions under this chapter. (Pub. L. 90-202, § 7, Dec. 15, 1967, 81 Stat. 604.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 633 of this title.

§ 627. Notices to be posted.

Every employer, employment agency, and labor organization shall post and keep posted in conspicuous places upon its premises a notice to be prepared or approved by the Secretary setting forth information as the Secretary deems appropriate to effectuate the purposes of this chapter. (Pub. L. 90-202, § 8, Dec. 15, 1967, 81 Stat. 605.)

§ 628. Rules and regulations; exemptions.

In accordance with the provisions of subchapter II of chapter 5 of Title 5, the Secretary of Labor may issue such rules and regulations as he may consider necessary or appropriate for carrying out this chapter, and may establish such reasonable exemptions to and from any or all provisions of this chapter as he may find necessary and proper in the public interest. (Pub. L. 90-202, § 9, Dec. 15, 1967, 81 Stat. 605.)

§ 629. Criminal penalties.

Whoever shall forcibly resist, oppose, impede, intimidate or interfere with a duly authorized representative of the Secretary while he is engaged in the performance of duties under this chapter shall be punished by a fine of not more than $500 or by imprisonment for not more than one year, or by both: Provided, however, That no person shall be imprisoned under this section except when there has been a prior conviction hereunder. (Pub. L. 90-202, § 10, Dec. 15, 1967, 81 Stat. 605.)

§ 630. Definitions.

For the purposes of this chapter

(a) The term "person" means one or more individuals, partnerships, associations, labor organizations, corporations, business trust, legal representatives, or any organized groups of persons.

(b) The term "employer" means a person engaged in an industry affecting commerce who has twentyfive or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year: Provided, That prior to June 30, 1968, employers having fewer than fifty employees shall not be considered employers. The term also means any agent of such a person, but such term does not include the United States, a corporation wholly owned by the Government of the United States, or a State or political subdivision thereof.

(c) The term "employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer and includes an agent of such a person; but shall not include an agency of the United States, or an agency of a State or political subdivision of a State, except that such term shall include the United States Employment Service and the system of State and local employment services receiving Federal assistance.

(d) The term "labor organization" means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.

(e) A labor organization shall be deemed to be engaged in an industry affecting commerce if (1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or (2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is fifty or more prior to July 1, 1968, or twenty-five or more on or after July 1, 1968, and such labor organization—

(1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended; or

(2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or

(3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or

(4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization;

or

(5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection.

(f) The term "employee" means an individual employed by any employer.

(g) The term "commerce" means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.

(h) The term "industry affecting commerce" means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry "affecting commerce" within the meaning of the Labor-Management Reporting and Disclosure Act of 1959.

(i) The term "State" includes a State of the United States, the Districa of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act. (Pub. L. 90–202, § 11, Dec. 15, 1967, 81 Stat. 605.)

REFERENCES IN TEXT

National Labor Relations Act, as amended, referred to in subsec. (e) (1), is classified to section 151 et seq. of this title.

Railway Labor Act, referred to in subsec. (e) (1), is classified to chapter 8 of Title 45, Railroads.

Labor-Management Reporting and Disclosure Act of 1959, referred to in subsec. (h), is classified to chapter 11 of this title.

Outer Continental Shelf Lands Act, referred to in subsec. (1), is classified to section 1331 et seq. of Title 43, Public Lands.

CROSS REFERENCES

Industry affecting commerce, see section 402(c) of this

title.

Outer Continental Shelf, see section 1331(a) of Title 43, Public Lands.

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