---
kind: "section"
citation: "29 U.S.C. § 633"
title: "29"
title_heading: "Labor"
number: "633"
heading: "Federal-State relationship"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/633"
units:
  - "Chapter 14 — Age Discrimination in Employment"
---

# §633. Federal-State relationship

- (a) **Federal action superseding State action—** Nothing in this chapter shall affect the jurisdiction of any agency of any [State](/usc/29/630.md?p=i) performing like functions with regard to discriminatory employment practices on account of age except that upon commencement of action under this chapter such action shall supersede any [State](/usc/29/630.md?p=i) action.
- (b) **Limitation of Federal action upon commencement of State proceedings—** In the case of an alleged unlawful practice occurring in a [State](/usc/29/630.md?p=i) which has a law prohibiting discrimination in employment because of age and establishing or authorizing a [State](/usc/29/630.md?p=i) authority to grant or seek relief from such discriminatory practice, no suit may be brought under [section 626 of this title](/usc/29/626.md) before the expiration of sixty days after proceedings have been commenced under the [State](/usc/29/630.md?p=i) law, unless such proceedings have been earlier terminated: Provided, That such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective date of such [State](/usc/29/630.md?p=i) law. If any requirement for the commencement of such proceedings is imposed by a [State](/usc/29/630.md?p=i) authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate [State](/usc/29/630.md?p=i) authority.

## Source credit

(Pub. L. 90–202, § 14, Dec. 15, 1967, 81 Stat. 607.)

## Notes

### Executive Documents

### Transfer of Functions

Functions vested by this section in Secretary of Labor or Civil Service Commission transferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.