(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 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.
(c) When an individual has filed
an administrative complaint alleging age discrimination, 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 Board has
not taken final action and the individual has not filed an appeal
or 180 days after the filing of a class complaint if the Board has
not issued a final decision;
(2)
after final action 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.
