What administrative body may impose remedies for a violation of the Age Discrimination in Employment Act?
The Equal Employment Opportunity Commission (EEOC) handles the administrative enforcement of the ADEA. In states that have their own age anti-discrimination agencies, federal ADEA complaints must be filed with the EEOC within 300 days after the alleged unlawful practice, or within 30 days after receipt of notice that the state proceedings have been terminated; whichever is earlier. “Piggybacking” is one way to potentially avoid or circumvent the 300 day filing requirement under the ADEA. The piggyback concept allows joiners of an existing lawsuit or initiation of a separate lawsuit by an otherwise untimely claimant upon two conditions: (1) the EEOC charge being relied upon is timely and not otherwise defective; and (2) the individual claims of the filing and non-filing (or untimely filed) plaintiff must have arisen out of “similar discriminatory treatment in the same time frame.” In states that do not have their own age anti-discrimination agencies, federal ADEA complaints must be file
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