Notes on 29 U.S.C. § 626 : US Code - Notes

Search Notes on 29 U.S.C. § 626 : US Code - Notes

(Pub. L. 90-202, Sec. 7, Dec. 15, 1967, 81 Stat. 604; Pub. L. 95-
256, Sec. 4(a), (b)(1), (c)(1), Apr. 6, 1978, 92 Stat. 190, 191;
1978 Reorg. Plan No. 1, Sec. 2, eff. Jan. 1, 1979, 43 F.R. 19807,
92 Stat. 3781; Pub. L. 101-433, title II, Sec. 201, Oct. 16, 1990,
104 Stat. 983; Pub. L. 102-166, title I, Sec. 115, Nov. 21, 1991,
105 Stat. 1079.)
AMENDMENTS
1991 - Subsec. (e). Pub. 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 (b)
of this section, 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). Pub. L. 101-433 added subsec. (f).
1978 - Subsec. (c). Pub. L. 95-256, Sec. 4(a), designated
existing provisions as par. (1) and added par. (2).
Subsec. (d). Pub. L. 95-256, Sec. 4(b)(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). Pub. L. 95-256, Sec. 4(c)(1), designated existing
provisions as par. (1) and added par. (2).
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as
otherwise provided, see section 402 of Pub. L. 102-166, set out as
a note under section 1981 of Title 42, The Public Health and
Welfare.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 202(a) of Pub. L. 101-433 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
Section 4(b)(2) of Pub. L. 95-256 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]."
Section 4(c)(2) of Pub. L. 95-256 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]."
TRANSFER OF FUNCTIONS
"Equal Employment Opportunity Commission" and "Commission"
substituted for "Secretary", meaning Secretary of Labor, pursuant
to Reorg. Plan No. 1 of 1978, Sec. 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.
RULE ON WAIVERS
Section 202(b) of Pub. L. 101-433 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
Pub. L. 100-283, Apr. 7, 1988, 102 Stat. 78, as amended by Pub.
L. 101-504, Sec. 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.