Equal Employment Opportunity Commission - Complaints Under The Age Discrimination In Employment Act Of 1967 And Equal Pay Act Of 1963

The Age Discrimination in Employment Act of 1967 and Equal Pay Act of 1963 cover most employees and job applicants in private industry and in the federal, state, and local governments. An age discrimination charge must be filed with the EEOC within 180 days of the alleged violation, or where the action took place in a state that has an age discrimination law and an authority administering that law, within 300 days of the violation or 30 days after receiving the notice of termination of state proceedings, whichever is earlier. A lawsuit must be filed within two years of the alleged discriminatory act or within three years in cases of a willful violation of the law.

Under the Civil Rights Act of 1991, a lawsuit must be filed within 90 days of the plaintiff's receipt of a notice of final action. The EEOC first attempts to end the alleged unlawful practice through informal conciliation. If conciliation fails, the EEOC may sue. Individuals may sue on their own behalf 90 days after filing a charge with the EEOC and the appropriate state agency. If the EEOC takes legal action, an individual covered by the lawsuit may not file a private action.

A lawsuit under the Equal Pay Act of 1963 may be filed by the EEOC or by the complainant. There are no prerequisites for bringing a private action under this law. Wages may be recovered for a period of up to two years prior to the filing of a suit, except in a case of willful violation, for which three years' back pay may be recovered. The name of the individual filing the complaint may be kept confidential at the administrative level.