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U.S. DEPARTMENT OF LABOR

OFFICE OF THE SECRETARY
WASHINGTON
20210
Nov 27 1968

Honorable Hubert H. Humphrey
President of the Senate
Washington, D.C. 20510

Dear Mr. President:

I have the honor to present herewith my recommendation with respect to the appropriateness of the lower and upper age limits incorporated in the Age Discrimination in Employment Act of 1967 (P.L. 90-202).

This Act includes a requirement (Section 3(b)) that the Secretary of Labor shall recommend to the Congress not later than 6 months after the effective date of the Act (June 12, 1968) any measures he may deem desirable to change the lower or upper age limits set forth in section 12. Section 12 provides that "The prohibitions in this Act shall be limited to individuals who are at least 40 years of age but less than 65 years of age."

The legislative history indicates that the impetus for the study of the 40 to 65-year age limits provided under the Age Discrimination in Employment Act was brought about at least in part by the interest in the case of airline stewardesses. Some airlines had been requiring their stewardesses upon reaching a certain age, usually 32 to 35, to either transfer to ground jobs or resign. The stewardesses claimed and were able to support the claim that this requirement was unrelated to their abilities to perform their jobs. The House Committee report states:

"The case presented by the stewardesses reveals an apparent gross and arbitrary employment distinction based on age alone. It deserves mention again, that the only reason the committee bill does not specifically address this discrimination is in the interest of the major objective of the bill. In lieu of such provision, the committee added section 3(b), however, and expects the Secretary--pursuant to the subsection--to undertake study in this area, making whatever recommendations he deems appropriate." (House Report No. 805, October 23, 1967, p.7.)

Additionally the Senate floor debate indicates that the report should include a determination as to whether this was a unique problem and to make recommendations for a solution. (Congressional Record, November 6, 1967, p. S15894.)