Contents
Cal Poly Pomona

Age Discrimination

TITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 76. AGE DISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

 

§ 6101. Statement of purpose

It is the purpose of this title [42 USCS §§ 6101 et seq.] to prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance.

§ 6102. Prohibition of discrimination

Pursuant to regulations prescribed under section 304 [42 USCS 6103], and except as provided by section 304(b) [42 USCS § 6103(b)] and section 304(c) [42 USCS § 6103(c)], no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.

6103. Regulations

(a) Publication in Federal Register of proposed general regulations, final general regulations, and anti-discrimination regulations; effective date.
(1) Not later than one year after the transmission of the report required by section 307(b) [42 USCS § 6106(b)], or two and one-half years after the date of the enactment of this Act [Nov. 28, 1975], whichever occurs first, the Secretary of Health, Education, and Welfare [Secretary of Health and Human Services] shall publish in the Federal Register proposed general regulations to carry out the provisions of section 303 [42 USCS § 6012].
(2) (A) The Secretary shall not publish such proposed general regulations until the expiration of a period comprised of--
(i) the forty-five day period specified in section 307(e) [42 USCS § 6106(e)]; and
(ii) an additional forty-five day period, immediately following the period described in clause (i), during which any committee of the Congress having jurisdiction over the subject matter involved may conduct hearings with respect to the report which the Commission is required to transmit under section 307(d) [42 USCS § 6106(d)], and with respect to the comments and recommendations submitted by Federal departments and agencies under section 307(e) [42 USCS § 6106(e)].
(B) The forty-five day period specified in subparagraph (A)(ii) shall include only days during which both Houses of the Congress are in session.
(3) Not later than ninety days after the Secretary publishes proposed regulations under paragraph (1), the Secretary shall publish in the Federal Register final general regulations to carry out the provisions of section 303 [42 USCS § 6102], after taking into consideration any comments received by the Secretary with respect to the regulations proposed under paragraph (1).
(4) Not later than ninety days after the Secretary publishes final general regulations under paragraph (a)(3), the head of each Federal department or agency which extends Federal financial assistance to any program or activity by way of grant, entitlement, loan, or contract other than a contract of insurance or guaranty, shall transmit to the Secretary and publish in the Federal Register proposed regulations to carry out the provisions of section 303 [42 USCS § 6102] and to provide appropriate investigative, conciliation, and enforcement procedures. Such regulations shall be consistent with the final general regulations issued by the Secretary, and shall not become effective until approved by the Secretary.
(5) Notwithstanding any other provision of this section, no regulations issued 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 title [42 USCS §§ 6101 et seq.], or of any regulation issued under this title, for any person to take any action otherwise prohibited by the provisions of section 303 [42 USCS § 6102] if, in the program or activity involved--
(A) such action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of such program or activity; or
(B) the differentiation made by such action is based upon reasonable factors other than age.
(2) The provisions of this title [42 USCS §§ 6101 et seq.] shall not apply to any program or activity established under authority of any law which (A) provides any benefits or assistance to persons based upon the age of such persons; or (B) establishes criteria for participation in age-related terms or describes intended beneficiaries or target groups in such terms.

(c) Employment practices and labor-management joint apprenticeship training program exemptions; Age Discrimination in Employment Act unaffected.
(1) Nothing in this title [42 USCS §§ 6101 et seq.] shall be construed to authorize action under this title [42 USCS §§ 6101 et seq.] by any Federal department or agency with respect to any employment practice of any employer, employment agency, or labor organization, or with respect to any labor-management joint apprenticeship training program.
(2) Nothing in this title [42 USCS §§ 6101 et seq.] shall be construed to amend or modify the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621-634), as amended, or to affect the rights or responsibilities of any person or party pursuant to such Act.

§ 6104. Enforcement

(a) Methods of achieving compliance with regulations. The head of any Federal department or agency who prescribes regulations under section 304 [42 USCS § 6103] may seek to achieve compliance with any such regulation--
(1) by terminating, or refusing to grant or to continue, assistance under the program or activity involved to any recipient with respect to whom there has been an express finding on the record, after reasonable notice and opportunity 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 to continue, assistance; disbursement of withheld funds to achiever agencies. Any termination of, or refusal to grant or to continue, assistance under subsection (a)(1) shall be limited to the particular political entity or other recipient with respect to which a finding has been made under subsection (a)(1). Any such termination or refusal shall be limited in its effect to the particular program or activity, or part of such program or activity, with respect to which such finding has been made. No such termination or refusal shall be based in whole or in part on any finding with respect to any program or activity which does not receive Federal financial assistance. Whenever the head of any Federal department or agency who prescribes regulations under section 304 [42 USCS § 6103] withholds funds pursuant to subsection (a), he may, in accordance with regulations he shall prescribe, disburse the funds so withheld directly to any public or nonprofit private organization or agency, or State or political subdivision thereof, which demonstrates the ability to achieve the goals of the Federal statute authorizing the program or activity while complying with regulations issued under section 304 [42 USCS § 6103].

(c) Advice as to failure to comply with regulation; determination that compliance cannot be secured by voluntary means. No action may be taken under subsection (a) until the head of the Federal department or agency involved has advised the appropriate person of the failure to comply with the regulation involved and has determined that compliance cannot be secured by voluntary means.

(d) Report to congressional committees. In the case of any action taken under subsection (a), the head of the Federal department or agency involved shall transmit a written report of the circumstances and grounds of such action to the committees of the House of Representatives and the Senate having legislative jurisdiction over the program or activity involved. No such action shall take effect until thirty days after the transmission of any such report.

(e) Injunctions; notice of violations; costs; conditions for actions.
(1) When any interested person brings an action in any United States district court for the district in which the defendant is found or transacts business to enjoin a violation of this Act by any program or activity receiving Federal financial assistance, such interested person shall give notice by registered mail not less than 30 days prior to the commencement of that action to the Secretary of Health, Education, and Welfare [Secretary of Health and Human Services], the Attorney General of the United States, and the person against whom the action is directed. Such interested person may elect, by a demand for such relief in his complaint, to recover reasonable attorney's fees, in which case the court shall award the costs of suit, including a reasonable attorney's fee, to the prevailing plaintiff.
(2) The notice referred to in paragraph (1) shall state the nature of the alleged violation, the relief to be requested, the court in which the action will be brought, and whether or not attorney's fees are being demanded in the event that the plaintiff prevails. No action described in paragraph (1) shall be brought (A) if at the time the action is brought the same alleged violation by the same defendant is the subject of a pending action in any court of the United 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 of the provisions of this title [42 USCS §§ 6101 et seq.], administrative remedies shall be deemed exhausted upon the expiration of 180 days from the filing of an administrative complaint during which time the Federal department or agency makes no finding with regard to the complaint, or upon the day that the Federal department or agency issues a finding in favor of the recipient of financial assistance, whichever occurs first…

Short titles:
Act Nov. 28, 1975, P.L. 94-135, Title III, § 301, 89 Stat. 728, provided:
"The provisions of this title [42 USCS §§ 6101 et seq.] may be cited as the 'Age Discrimination Act of 1975'.".