Age Discrimination Act of 1975
Section 6101. Statement of purpose
It is the purpose of this chapter to prohibit discrimination on the basis ofage in programs or activities receiving Federal financial assistance.
Section 6102. Prohibition of discrimination
Pursuant to regulations prescribed under section 6103 of this title, andexcept as provided by section 6103(b) of this title and section 6103(c) of thistitle, no person in the United States shall, on the basis of age, be excludedfrom participation, in be denied the benefits of, or be subjected todiscrimination under, any program or activity receiving Federal financialassistance.
Section 6103. Regulations
(a) Publication in Federal Register of proposed general regulations, finalgeneral regulations, and anti-discrimination regulations; effective date.
(1) Not later than one year after the transmission of the report required bysection 6106(b) of this title, or two and one-half years after November 28,1975, whichever occurs first, the Secretary of Health and Human Services shallpublish in the Federal Register proposed general regulations to carry out theprovisions of section 6102 of this title.
- (A) The Secretary shall not publish such proposed general regulationsuntil the expiration of a period comprised of--
(i) the forty-five day period specified in section 6016(e) of this title,and
(ii) an additional forty-five day period, immediately following the perioddescribed in clause (i), during which any committee of the Congress havingjurisdiction over the subject matter involved may conduct hearings with respectto the report which the Commission is required to transmit under section6106(d) of this title, and with respect to the comments and recommendationssubmitted by Federal departments and agencies under section 6106(e) of thistitle.
(B) The forty-five day period specified in subparagraph (A)(ii) shallinclude only days during which both Houses of the Congress are in session.
(3) Not later than ninety days after the Secretary publishes proposedregulations under paragraph (1), the Secretary shall publish in the FederalRegister final general regulations to carry out the provisions of section6106(e) of this title, after taking into consideration any comments received bythe Secretary with respect to the regulations proposed under paragraph (1).
(4) Not later than ninety days after the Secretary publishes final generalregulations under paragraph (a)(3), the head of each federal department oragency which extends Federal financial assistance to any program or activity byway of grant, entitlement, loan, or contract other than a contract of insuranceor guaranty, shall transmit to the Secretary and publish in the FederalRegister proposed regulations to carry out the provisions of section 6102 ofthis title and to provide appropriate investigative, conciliation, andenforcement procedures. Such regulations shall be consistent with the finalgeneral regulations issued by the Secretary, and shall not become effectiveuntil approved by the Secretary.
(5) Notwithstanding any other provision of this section, no regulationsissued pursuant to this section shall be effective before July 1, 1979.
(b) Nonviolative actions; program or activity exemption.
(1) it shall not be a violation of any provision of this chapter, or of anyregulation issued under this chapter, for any person to take any actionotherwise prohibited by the provisions of section 6102 of this title if, in theprogram or activity involved--
(A) Such action reasonably takes into account age as a factor necessary tothe normal operation or the achievement of any statutory objective of suchprogram or activity; or
(B) the differentiation made by such action is based upon reasonable factorsother than age.
(2) The provisions of this chapter shall not apply to any program oractivity established under authority of any law which (A) provides any benefitsor assistance to persons based upon the age of such persons; or (B) establishescriteria for participation in age-related terms or describes intendedbeneficiaries or target groups in such terms.
(c) Employment practices and labor-management joint apprenticeshiptraining program exemptions; Age Discrimination in Employment Act unaffected.
(1) Except with respect to any program or activity receiving Federalfinancial assistance for public service employment under the WorkforceInvestment Act of 1998 (29 USC 9201 et seq.), nothing in this chaptershall be construed to authorize action under this chapter by any Federaldepartment or agency with respect to any employment practice of any employer,employment agency, or labor organization, or with respect to anylabor-management joint apprenticeship training program.
(2) Nothing in this chapter shall be construed to amend or modify the AgeDiscrimination in Employment Act of 1967(29 U.S.C. §§ 621-634) asamended, or to affect the rights of responsibilities of any person or partypursuant to such Act.
Section 6104. Enforcement
(a) Methods of achieving compliance with regulations.
The head of any Federal department or agency who prescribes regulationsunder section 6103 of this title, may seek to achieve compliance with anyregulation--
(1) by terminating, or refusing to grant or to continue, assistance underthe program or activity involved to any recipient with respect to whom therehas been an express finding on the record, after reasonable notice andopportunity for hearing, of a failure to comply with any such regulation; or
(2) by any other means authorized by law.
(b) Limitations on termination of, or on refusal to grant or tocontinue, assistance; disbursement of withheld funds to achiever agencies.
Any termination of, or refusal to grant or to continue, assistance undersubsection (a)(1) of this section shall be limited to the particular politicalentity or other recipient with respect to which a finding has been made undersubsection (a)(1) of this section. Any such termination or refusal shall belimited to its effect to the particular program or activity, or part of suchprogram or activity, with respect to which such finding has been made. No suchtermination or refusal shall be based in whole or in part on any finding withrespect to any program or activity which does not receive Federal financialassistance. Whenever the head of any Federal department or agency whoprescribes regulations under section 6103 of this title withholds fundspursuant to the subsection (a) of this section, he may, in accordance withregulations he shall prescribe, disburse the funds so withheld directly to anypublic or nonprofit private organization or agency, or State or political subdivision thereof, which demonstrates the ability to achieve the goals of theFederal statute authorizing the program or activity while complying withregulations issued under section 6103 of this title.
(c) Advice as to failure to comply with regulation; determinationthat compliance cannot be secured by voluntary means
No action may be taken under subsection (a) of this title until the head ofthe Federal department or agency involved has advised the appropriate person ofthe failure to comply with the regulation involved and has determined thatcompliance cannot be secured by voluntary means.
(d) Report to congressional committees
In the case of any action taken under subsection (a) of this section, thehead of the Federal department or agency involved shall transmit a writtenreport of the circumstances and grounds of such action to the committees of theHouse of Representative and the Senate having legislative jurisdiction over theprogram or activity involved. No such action shall take effect until thirtydays after the transmission of any such report.
(e) Injunctions; notice of violations; costs; conditions of actions
(1) When any interested person brings an action in any United Statesdistrict court for the district in which the defendant is found or transactsbusiness to enjoin a violation of this Act by any program or activity receivingFederal financial assistance, such interested person shall give notice byregistered mail not less than 30 days prior to the commencement of that actionto the Secretary of Health and Human Services, the Attorney General of theUnited States, and the person against whom the action is directed. Suchinterested person may elect, by a demand for such relief in his complaint, torecover reasonable attorney's fees, in which case the court shall award thecosts of suit, including a reasonable attorney's fee, to the prevailingplaintiff.
(2) The notice referred to in paragraph (1) shall state the nature of thealleged violation, the relief to be requested, the court in which the actionwill be brought, and whether or not attorney's fees are being demanded in theevent the plaintiff prevails. No action described in paragraph (1) shall bebrought (A) if at the time the action is brought the same alleged violation bythe same defendant is the subject of a pending action in any court of theUnited States; or (B) if administrative remedies have not been exhausted.
(f) Exhaustion of administrative remedies
With respect to actions brought for relief based on an alleged violation ofthe provisions of this chapter, administrative remedies shall be deemedexhausted upon the expiration of 180 days from the filing of an administrativecomplaint during which time the Federal department or agency makes no findingwith regard to the complaint, or upon the day that the Federal department oragency issues a finding in favor of the recipient of financial assistance,whichever occurs first.
Section 6105. Judicial review
(a) Revisions of other laws
Any action by any Federal Department or agency under section 6104 of thistitle shall be subject to such judicial review as any otherwise be provided bylaw for similar action taken by any such department or agency on other grounds.
(b) Provisions of Chapter 7 of Title 5; reviewable agencydiscretion
In the case of any action by any Federal department or agency under section6104 of this title which is not otherwise subject to judicial review, anyperson aggrieved (including any State or political subdivision thereof and anyagency of either) may obtain judicial review of such action in accordance withthe provisions of chapter 7 of Title 5. For purposes of this subsection, anysuch action shall not be purposes of this subsection, any such action shall notbe considered committed to unreviewable agency discretion within the meaning ofsection 701(a)(2) of such title.
Section 6106. Study of discrimination based on age
(a) Study by Commission on Civil Rights
The Commission on Civil Rights shall (1) undertake a study of unreasonablediscrimination based on age in programs and activities receiving Federalfinancial assistance; and (2) identify with particularity any such federallyassisted program or activity in which there is found evidence of persons whoare otherwise qualified being, on the basis of age, excluding from participationin, denied the benefits of, or subjected to discrimination under such programor activity.
(b) Public hearings
As part of the study required by this section, the Commission shall conductpublic hearings to elicit the views of interested parties, including Federaldepartments and agencies, on issues relating to age discrimination in programsand activities receiving Federal financial assistance, and particularly withrespect to the reasonableness of distinguishing, on the basis of age, amongpotential participants in, or beneficiaries of, specific federally assistedprograms.
(c) Publication of results of analyses, research and studies byindependent experts; services of voluntary or uncompensated personnel
The Commission is authorized to obtain through grant or contract, analyses,research and studies by independent experts of issues relating to agediscrimination and to publish the results thereof. For purposes of the studyrequired by this section, the Commission may accept and utilize the services ofvoluntary or uncompensated personnel, without regard to the provisions ofsection 1975d(b) of this title.
(d) Report to President and Congress; copies to affected Federaldepartments and agencies; information and technical assistance
Not later than two years after November 28, 1975, the Commission shalltransmit a report of its findings and its recommendations for statutory changes(if any) and administrative action, including suggested general regulations, tothe Congress and to the President and shall provide a copy of its report to thehead of each Federal department and agency with respect to which the Commissionmakes findings or recommendations. The Commission is authorized to provide,upon request, information and technical assistance regarding its findings andrecommendations to Congress, to the President, and to the heads of Federaldepartments and agencies for a ninety-day period following the transmittal ofits report.
(e) Comments and recommendations of Federal departments and agencies;submission to President and Congressional committees
Not later than forty-five working days after receiving a copy of the reportrequired by subsection (d) of this section, each Federal department or agencywith respect to which the Commission makes findings or recommendations shallsubmit its comments and recommendations regarding such report to the Presidentand to the Committee on Labor and Human Resources of the Senate and theCommittee on Education and Labor of the House of Representatives.
(f) Cooperation of Federal departments and agencies withCommission
The head of each Federal department or agency shall cooperate in allrespects with the Commission with respect to the study required by subsection(a) of this section, and shall provide to the Commission such data, reports,and documents in connection with the subject matter of such study as theCommission may request.
(g) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary tocarry out the provisions of this section.
§ 6106a. Reports to the Secretary and Congress
(a) Reports to Secretary
Not later than December 31 of each year (beginning in 1979), the head ofeach Federal department or agency shall submit to the Secretary of Health andHuman Services a report (1) describing in detail the steps taken during thepreceding fiscal year by such department or agency to carry out the provisionsof section 6102 of this title; and (2) containing specific data about programparticipants or beneficiaries, by age, sufficient to permit analysis of howwell the department or agency is carrying out the provisions of section 6102 ofthis title.
(b) Reports to Congress
Not later than March 31 of each year (beginning in 1980), the Secretary ofHealth and Human Services shall compile the reports made pursuant to subsection(a) of this section and shall submit them to the Congress, together with anevaluation of the performance of each department or agency with respect tocarrying out the provisions of section 6102 of this title.
§ 6107. Definitions
For the purposes of this chapter--
(1) the term Commission means the Commission on Civil Rights;
(2) the term Secretary means the Secretary of Health and HumanServices;
(3) the term Federal department or agency means any agency asdefined in section 551 of Title 5 and includes the United States Postal Serviceand the Postal Rate Commission; and
(4) the term program or activity means all of the operations of--
- (i) a department, agency, special purpose district, or otherinstrumentality of a State or of a local government; or
(ii) the entity of such State or local government that distributes suchassistance and each such department or agency (and each other State or localgovernment entity) to which the assistance is extended, in the case ofassistance to a State or local government;
- (i) a college, university, or other postsecondary institution, or apublic system of higher education; or
(ii) a local educational agency (as defined in section 8801 of Title 20),system of vocational education, or other school system;
- (i) an entire corporation, partnership, or other privateorganization, or an entire sole proprietorship --
- (I) if assistance is extended to such corporation, partnership,private organization, or sole proprietorship as a whole; or
(II) which is principally engaged in the business of providingeducation, health care, housing, social services, or parks and recreation; or
(ii) the entire plant or other comparable, geographically separatefacility to which Federal financial assistance is extended, in the case of anyother corporation, partnership, private organization, or sole proprietorship;or
(D) any other entity which is established by two or more of theentities described in paragraph (A), (B) or (C);
any part of which is extended Federal financial assistance.