ROBINSAFBVA36-16 governs procedures for processing age discrimination complaints under the ADEA and applicable federal regulations.
View ROBINSAFBVA36-16 on armypubs.army.mil
It addresses formal administrative complaints under Title 29 Code of Federal Regulation Part 1614 and direct civil actions in US District Court. It requires exhaustion of administrative remedies in certain cases and sets notice and timing requirements for bypassing that process.
The Age Discrimination in Employment Act (ADEA) prohibits discrimination in employment on the basis of age (40 years or older).
Once the aggrieved person elects to file an administrative complaint, all administrative remedies must be exhausted before he or she may file a civil action in US District Court.
An aggrieved person may bypass the formal administrative complaint process in Part 1614, and file a civil action directly in US District Court after first giving the EEOC not less than 30 days written notice of intent to sue under ADEA.
Since the statute of limitations in ADEA cases is not consistently applied by the courts, an aggrieved person wishing to bypass the administrative process should initiate the civil action as soon as possible after the expiration of the 30day waiting period which follows the notice of intent to sue.