29 C.F.R. § 1614.201
Age Discrimination in Employment Act
(a) As an alternative to filing a complaint under this part, an aggrieved individual may file a civil action in a United States district court under the ADEA against the head of an alleged discriminating agency after giving the Commission not less than 30 days' notice of the intent to file such an action. Such notice must be filed in writing with EEOC, at P.O. Box 77960, Washington, DC 20013, or by personal delivery or facsimile within 180 days of the occurrence of the alleged unlawful practice.
(b) The Commission may exempt a position from the provisions of the ADEA if the Commission establishes a maximum age requirement for the position on the basis of a determination that age is a bona fide occupational qualification necessary to the performance of the duties of the position.
Notes of Decisions
Cited in 51
cases (11 in the last 5 years), 1994–2026 · leading case: Rann, Robert W. v. Chao, Elaine, 346 F.3d 192 (D.C. Cir. 2003).
Rann, Robert W. v. Chao, Elaine, 346 F.3d 192 (D.C. Cir. 2003). “106 (e)(2) (requiring agency to investigate complaint within 180 days of its filing); see also 29 U.”
Devon Shelley v. Pete Geren, 666 F.3d 599 (9th Cir. 2012). “105 “does not carry the full weight of statutory authority” and is not a jurisdic- tional prerequisite for suit in federal court, we have consistently held that, absent waiver, estoppel, or 1 As an alternative to filing an administrative complaint, a federal employee may file a…”
Forman, Paul v. Small, Lawrence M., 271 F.3d 285 (D.C. Cir. 2001). “After exhausting his administrative remedies, see 29 C.F.R. § 1614.201 (c), Dr. For-man filed a lawsuit against the Smithsonian under the ADEA, 29 U.”
Forester v. Chertoff, 500 F.3d 920 (9th Cir. 2007). “Id. at § 1614.201(c). Second, a federal employee may bypass administrative proceedings and file directly in district court ("bypass provision").”
Hunter v. Sec'y of United States Army, 565 F.3d 986 (6th Cir. 2009). “§ 633a(d); 29 C.F.R. § 1614.201 (a); Stevens, 500 U.”
Ronald L. Caraway v. Sec'y, U.S. Dep't of Transp., 550 F. App'x 704 (11th Cir. 2013). “Believing that the decision to exclude them from the backpay award resulted from age discrimination, on October 19, 2011, the plaintiffs filed with the EEOC a Notice of Intent to Sue under 29 C.F.R. § 1614.201 (a). 3 Thereafter, on February *707 8, 2012, the plaintiffs filed…”
James R. Bankston v. Thomas E. White, Sec'y of the Army United States of Am., 345 F.3d 768 (9th Cir. 2003). “§ 633a(d)(allowing individual to file suit without filing EEOC complaint but requiring notice to EEOC of intent to sue) and 29 C.F.R. § 1614.201 (a) (2002) (“As an alternative to filing a complaint under this part, an aggrieved individual may file a civil action in a United…”
Figueroa v. U.S. Postal Serv., 422 F. Supp. 2d 866 (N.D. Ohio 2006). “§ 633a(d); 29 C.F.R. § 1614.201 (a). The purpose of the 30-day notice is to allow the EEOC- to notify prospective defendants in the action so that they may take any and all appropriate action to eliminate the alleged unlawful practice.”
Donald I. McKay v. U.S. Dep't of Transp., 340 F.3d 695 (8th Cir. 2003). “See 29 C.F.R. § 1614.201 (c)(1). The government moved for summary judgment, submitting affidavits by Seppala and the other interview panel members.”
Singleton v. Potter, 402 F. Supp. 2d 12 (D.D.C. 2005). “105 and 29 C.F.R. § 1614.201 . Plaintiff has both failed to file any EEO complaints, let alone any timely complaints, and has also failed to seek counseling, as required.”
Watson v. Tennessee Valley Auth., 867 F. Supp. 2d 1215 (N.D. Ala. 2012). “” 29 C.F.R. § 1614.201 (a) (emphasis added).”
Dick v. Holder, 80 F. Supp. 3d 103 (D.D.C. 2015). “” 29 C.F.R. § 1614.201 (c) (emphasis added).”
— 29 C.F.R. § 1614.201(a) — 1 case
Rzucidlo v. McHugh, 979 F. Supp. 2d 526 (M.D. Penn. 2013).
— 29 C.F.R. § 1614.201(c) — 1 case
Tsai v. Helfer, 940 F. Supp. 597 (S.D.N.Y. 1996).
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