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Last revision:  April 10, 1992
 
 §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, Federal Sector Programs, 1801 L St.,   
 NW., Washington, DC 20507 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.                                                      
     (c) When an individual has filed an administrative complaint      
 alleging age discrimination that is not a mixed case, administrative  
 remedies will be considered to be exhausted for purposes of filing a  
 civil action:                                                         
     (1) 180 days after the filing of an individual complaint if the   
 agency has not issued a final decision and the individual has not     
 filed an appeal or 180 days after the filing of a class complaint if  
 the agency has not issued a final decision;                           
     (2) After the issuance of a final decision on an individual or    
 class complaint if the individual has not filed an appeal;  or        
     (3) After the issuance of a final decision by the Commission on an
 appeal or 180 days after the filing of an appeal if the Commission has
 not issued a final decision.