Age Discrimination in Employment Act (ADEA)
Complaints who wish to file complaints of age discrimination
have two important options:|
- Use the Administrative Complaint Process
- File a formal complaint under 29 C.F.R. § 1614;
- Bypass the Administrative Complaint Process and File Civil Action in
United States District Court
- Bypass the administrative complaint process under 29 C.F.R. § 1614
and file a civil action directly in United States District Court.
- Administrative Complaint Processing of Age-based Complaints: If a
complainant chooses the administrative complaint process forum, the EOUSA
must exhaust its administrative remedies before the complainant can proceed
to court. The EOUSA has 180 days from the date complainant filed his/her
formal complaint to exhaust its administrative remedies or 180 days after
the aggrieved filed an appeal with the Commission, provided the Commission
has not issued a decision.
- Refer to Section 3-5.200 et seq., for complaint processing
- Filing a Civil Action in United States District Court, Bypassing the
Administrative Complaint Processing: The Complainant may file a civil
action in an appropriate United States District Court after first giving the
EEOC not less than 30 days notice of intent to file such action. Such
notice must be filed within 180 days after the date of the alleged
discrimination. The notice may be mailed to the EEOC Headquarters at the
following address: Director, Office of Federal Operations, Equal Employment
Opportunity Commission, Post Office Box 19848, Washington, D.C.
Since the statute of limitations in Age Discrimination in Employment Act
(ADEA) cases is not consistently applied by the courts, the complainant
wishing to bypass the administrative process should initiate the civil
action as soon as possible after the expiration of the 30-day waiting period
which follows the notice of intent to sue.
[cited in USAM 3-5.211]