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Code · STATUTE-COMPILATIONS · Age Discrimination Claims Assistance Act of 1988 · Sec. 3

Sec. 3. EXTENSION OF STATUTE OF LIMITATIONS

424 words·~2 min read·/statute-compilations/comps-1528/sec-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 3 EXTENSION OF STATUTE OF LIMITATIONS ###
(a)Extension Notwithstanding section 7(e) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 626(e)), a civil action may be brought under section 7 of such Act by the Commission or an aggrieved person, during the applicable extension period1 if— 1P.L. 101–504, sec. 2(a)(2), 104 Stat. 1298, amended sec. 3 by striking “540-day period beginning on the date of the enactment of this Act” and making an insertion. The amendment should not have included the word “the” before the word “enactment”. ####
(1)#####
(A)with respect to the alleged unlawful practice on which the claim in such civil action is based, a charge was timely filed under such Act with the Commission after December 31, 1983, #####
(B)with respect to the alleged unlawful practice on which the claim in such civil action is based, a charge was timely filed under such Act with the Commission after April 6, 1985, ####
(2)the Commission did not, within the applicable period set forth in section 7(e) either— #####
(A)eliminate such alleged unlawful practice by informal methods of conciliation, conference, and persuasion, or #####
(B)notify such person, in writing, of the disposition of such charge and of the right of such person to bring a civil action on such claim, ####
(3)#####
(A)with respect to a claim described in paragraph (1)(A) the statue of limitations applicable under such section 7(e) ran before the date of the enactment of this Act, or #####
(B)with respect to a claim described in paragraph (1)(B) the statute of limitations applicable under such section 7(e) runs after April 6, 1988, but before the expiration of the 180-day period beginning on the date of the enactment of the Age Discrimination Claims Assistance Amendments of 1990.1 1So in law. Probably should be “, and”. See. P.L. 101–504, sec. 2(a)(4), 104 Stat. 1298. ####
(4)a civil action on such claim was not brought by the Commission or such person before the running of the statute of limitations. ###
(b)Definition The term “**extension period**” means— ####
(1)with respect to a charge described in paragraph (1)(A), the 450-day period beginning on the date of the enactment of this Act, and ####
(2)with respect to a charge described in paragraph (1)(B), the 450-day period beginning on the date of the enactment of the Age Discrimination Claims Assistance Amendments of 1990, and2 2So in law. See P.L. 101–504, sec. 2(a)(5), 104 Stat. 1298. **[**[29 U.S.C. 626 note](/us/usc/t29/s626)**]**
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  • 104 Stat. 1298
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Sec. 3
EXTENSION OF STATUTE OF LIMITATIONS
Stat.104 Stat. 1298
Cites 2Cited by 0 across 0 sources
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