88 STAT 75 80 Stat. 378. Enforcement. Reports. Civil actions. Pub. Law 93-259 - 20 April 8, 1974 section 102 of title 5, United States Code, in executive agencies as defined in section 105 of title 5, United States Code (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Rate Commission, in those units in the government of the District of Columbia having positions in the competitive service, and in those units of the legislative and judicial branches of the Federal Government having positions in the competitive service, and in the Library of Congress shall be made free from any discrimination based on age. "(b) Except as otherwise provided in this subsection, the Civil Service 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 Civil Service Commission shall issue such rules, regulations, orders, and instructions as it deems necessary and appropriate to carry out its responsibilities under this section. The Civil Service Commission shall "(1) be responsible for the review and evaluation of the operation of all agency programs designed to carry out the policy of this section, periodically obtaining and publishing (on at least a semiannual basis) progress reports from each department, agency, or unit referred to in subsection (a); "(2) consult with and solicit the recommendations of interested individuals, groups, and organizations relating to nondiscrimination in employment on account of age; and "(3) provide for the acceptance and processing of complaints of discrimination in Federal employment on account of age. The head of each such department, agency, or unit shall comply with such rules, regulations, crders, and instructions of the Civil Service 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 Civil Service Commission shall be exercised by the Librarian of Congress. "(c) 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 Act. "(d) 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. "(e) 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." April 8, 1974 - 21 Pub. Law 93-259 88 STAT 76 EFFECTIVE DATE SEO. 29. (a) Except as otherwise specifically provided, the amendments made by this Act shall take effect on May 1, 1974. (b) Notwithstanding subsection (a), on and after the date of the enactment of this Act the Secretary of Labor is authorized to prescribe necessary rules, regulations, and orders with regard to the amendments made by this Act. Approved April 8, 1974. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 93-913 accompanying H. R. 12435 (Comm. on SENATE REPORT No. 93-690 (Comm. on Labor and Public Welfare). Feb. 28, Mar. 5, 7, considered and passed Senate. Mar. 20, considered and passed House, amended, in lieu of Mar. 28, Senate and House agreed to conference report. EQUAL PAY ACT OF 1963 29 U.S.C. 206 (d) Summary and Description The Fair Labor Standards Act, as amended by the Equal Pay Act of 1963, prohibits employers from discriminating on the basis of sex in the payment of wages for equal work. The equal pay standard applies to employees subject to the minimum wage requirements of the Act and employees who would be subject except for their status as executive, administrative, or professional employees. The Equal Pay Act requires the employer to pay equal wages within the establishment to men and women doing substantially equal work on jobs requiring equal skill, effort, and responsibility which are performed under similar working conditions. The Act does not prohibit payment of wages at lower rates to one sex than the other for equal work where the wage differential is based on a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or on any other factor other than sex. An employer who is paying a wage differential in violation of the equal pay provisions of the Act may not reduce the wage rate of any employee in order to comply with these provisions. Wages withheld in violation of the equal pay provisions have the status of unpaid minimum wages or unpaid overtime compensation under the Act, and back wages due under the equal pay provisions are subject to the same methods of recovery as any other wages due under the Act. The law prohibits any labor organization, or its agents, representing employees of an employer having employees subject to the minimum wage provisions of the Act, from causing or attempting to cause the employer to discriminate against an employee in violation of the equal pay provisions. Text of Act (Section Nos. Refer to U.S. Code) § 206. Minimum wages. (d) (1) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establisment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similiar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee. (2) No labor organization, or its agents, representing employees of an employer having employees subject to any provisons of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1) of this subsection. (3) For purposes of administration and enforcement, any amounts owing to any employee which have been withheld in violation of this subsection shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this chapter. (4) As used in this subsection, the term "labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievance, labor disputes, wages, rates of pay, hours of employment, or conditions of work. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 Act of December 15, 1967, 29 U.S.C. 621 et seq. Summary and Description The Age Discrimination in Employment Act of 1967, effective June 12, 1968, promotes the employment of the older worker based on ability rather than age; prohibits arbitrary age discrimination in employment; and helps employers and employees find ways to meet problems arising from the impact of age on employment. It protects most individuals who are at least 40 but less than 65 years of age from discrimination in employment based on age in matters of hiring, discharge, compensation, or other terms, conditions, or privileges of employment. Responsibility for administration and enforcement of this Act rests with the Wage and Hour Division of the Department of Labor. The Act applies to: Most employers of 20 or more persons, including Federal, State and local governments. • Public and private employment agencies serving such employ ers. Labor organizations with 25 or more members, or which refer persons for employment to covered employers, or which represent employees of employers covered by the Act. EXCEPTIONS The prohibitions of the Act do not apply: 1. where age is a bona fide occupational qualification reasonably necessary to the normal operations of the particular business; 2. where the differentiation is based on reasonable factors other than age; 3. where the differentiation is caused by observing the terms of a bona fide seniority system or any bona fide employee benefit plan which is not a subterfuge to evade the purposes of the Act; 4. where discharge of an individual is for good cause. EXEMPTIONS The Secretary of Labor is authorized to establish such reasonable exemptions to and from any or all provisions of the Act as he may find necessary and proper in the public interest. |