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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
(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.