Page:United States Statutes at Large Volume 102 Part 1.djvu/116

 102 STAT. 78

PUBLIC LAW 100-283—APR. 7, 1988 Public Law 100-283 100th Congress An Act

Anr 7 1988 ' to. ^11 (J

'^° extend the statute of limitations applicable to certain claims under the Age Discrimination in Employment Act of 1967 that were filed with the Equal Employment Opportunity Commission before the date of enactment of this Act.

Age

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

Discrimination Claims

of the

SECTION 1. SHORT TITLE.

1988 This Act may be cited as the "Age Discrimination Claims Assist29 USC 626 note, ance Act of 1988". 29 USC 626 note.

SEC. 2. FINDINGS.

The Congress finds that— (1) the Equal Employment Opportunity Commission (hereafter in this Act referred to as the "Commission") has failed to process an undetermined number of charges filed under the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621-634) before the running of the statute of limitations applicable to bringing civil actions in the Federal courts under such Act, and (2) many persons who filed such charges with the Commission have lost the right to bring private civil actions with respect to the unlawful practices alleged in such charges. 29 USC 626 note.

SEC..3. EXTENSION OF STATUTE OF LIMITATIONS.

Notwithstanding section 7(e) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(e)), a civil action may be brought under section 7 of such Act by the Commission or an aggrieved person, during the 540-day period beginning on the date of enactment of this Act if— (1) with respect to the alleged unlawful practice on which the claim in such civil action is based, a charge was timely filed under such Act with the Commission after December 31, 1983, (2) the Commission did not, within the applicable period set forth in section 7(e) either— (A) eliminate such alleged unlawful practice by informal methods of conciliation, conference, and persuasion, or (B) notify such person, in writing, of the disposition of such charge and of the right of such person to bring a civil action on such claim, (3) the statute of limitations applicable under such section 7(e) to such claim ran before the date of enactment of this Act, and (4) a civil action on such claim was not brought by the Commission or such person before the running of the statute of limitations.

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