Viewing page 8 of 91

This transcription has been completed. Contact us with corrections.

Law Offices of
Herbert A. Levy
SUITE 1250, FEDERAL BAR BUILDING
1815 H STREET, N. W. 
WASHINGTON, D. C. 20006
737-6919
AREA CODE 202
July 29, 1968

Captain M.A. Gitt
94 Kings Point Road
Great Neck, New York 11024

Dear Mike:

Following our telephone conversation today concerning procedures for individual complaints under the Age Discrimination in Employment Act of 1967, I have reviewed that Statute as well as applicable state law, with particular reference to limitations of time.

No action under the federal statute may be brought by an aggrieved individual unless he has first given the Secretary of Labor atleast 60 days notice of his intent to commence such an action, in order to give the Secretary two months in which to attempt to eliminate that alleged unlawful practice through conciliatory means.

The last day for filing such a 60 day notice varies, depending upon whether the state in which the alleged violation occurred has a statute of its own prohibiting age discrimination. New York has such a statute (Section 296 of the New York Executive Law); Florida has none.

If we're talking about an act of discrimination which occurred New York, the 60 day notice to the Secretary of Labor must be filed not later than either of the following dates, whichever occurs first:
a) three hundred days after the alleged unlawful practice occurred; or
b) thirty days after receipt by the individual of of notice that state proceedings on his complaint have been terminated.