Is 1893 Part 5 Pdf 20
(d) Opposition to unlawful practices; participation in investigations, proceedings, or litigation It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual, member or applicant for membership has opposed any practice made unlawful by this section, or because such individual, member or applicant for membership has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under this chapter.
is 1893 part 5 pdf 20
(2) Nothing in this section shall be construed to prohibit an employer, employment agency, or labor organization from observing any provision of an employee pension benefit plan to the extent that such provision imposes (without regard to age) a limitation on the amount of benefits that the plan provides or a limitation on the number of years of service or years of participation which are taken into account for purposes of determining benefit accrual under the plan.
(II) social security supplements for plan participants that commence before the age and terminate at the age (specified by the plan) when participants are eligible to receive reduced or unreduced old-age insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.), and that do not exceed such old-age insurance benefits.
shall be treated solely for purposes of subparagraph (A)(ii) as if it were a part of the defined benefit plan with respect to such payments or supplements. Payments or supplements under such a voluntary early retirement incentive plan shall not constitute severance pay for purposes of paragraph (2).
(iii) The values described in clauses (i) and (ii) shall be calculated based on the age of the individual as of the date of the contingent event unrelated to age. The values are effective on October 16, 1990, and shall be adjusted on an annual basis, with respect to a contingent event that occurs subsequent to the first year after October 16, 1990, based on the medical component of the Consumer Price Index for all-urban consumers published by the Department of Labor.
(2) In an action brought under paragraph (1), a person shall be entitled to a trial by jury of any issue of fact in any such action for recovery of amounts owing as a result of a violation of this chapter, regardless of whether equitable relief is sought by any party in such action.
(3) For purposes of this section, an unlawful practice occurs, with respect to discrimination in compensation in violation of this Act, when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to a discriminatory compensation decision or other practice, or when a person is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.
(A) the waiver is part of an agreement between the individual and the employer that is written in a manner calculated to be understood by such individual, or by the average individual eligible to participate;
(3) In any dispute that may arise over whether any of the requirements, conditions, and circumstances set forth in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) of paragraph (1), or subparagraph (A) or (B) of paragraph (2), have been met, the party asserting the validity of a waiver shall have the burden of proving in a court of competent jurisdiction that a waiver was knowing and voluntary pursuant to paragraph (1) or (2).
(4) No waiver agreement may affect the Commission's rights and responsibilities to enforce this chapter. No waiver may be used to justify interfering with the protected right of an employee to file a charge or participate in an investigation or proceeding conducted by the Commission.
(d) The term "labor organization" means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.
All personnel actions affecting employees or applicants for employment who are at least 40 years of age (except personnel actions with regard to aliens employed outside the limits of the United States) in military departments as defined in section 102 of Title 5 [5 U.S.C. 102], in executive agencies as defined in section 105 of Title 5 [5 U.S.C. 105] (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Regulatory Commission, in those units in the government of the District of Columbia having positions in the competitive service, and in those units of the judicial branch of the Federal Government having positions in the competitive service, in the Smithsonian Institution, and in the Government Printing Office, the Government Accountability Office, and the Library of Congress shall be made free from any discrimination based on age.
(1) be responsible for the review and evaluation of the operation of all agency programs designed to carry out the policy of this section, periodically obtaining and publishing (on at least a semiannual basis) progress reports from each department, agency, or unit referred to in subsection (a) of this section;
The head of each such department, agency, or unit shall comply with such rules, regulations, orders, and instructions of the Equal Employment Opportunity Commission which shall include a provision that an employee or applicant for employment shall be notified of any final action taken on any complaint of discrimination filed by him thereunder. Reasonable exemptions to the provisions of this section may be established by the Commission but only when the Commission has established a maximum age requirement on the basis of a determination that age is a bona fide occupational qualification necessary to the performance of the duties of the position. With respect to employment in the Library of Congress, authorities granted in this subsection to the Equal Employment Opportunity Commission shall be exercised by the Librarian of Congress.
Any personnel action of any department, agency, or other entity referred to in subsection (a) of this section shall not be subject to, or affected by, any provision of this chapter, other than the provisions of sections 7(d)(3) and 631(b) of this title [section 12(b)] and the provisions of this section.
The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. It is not an official legal edition of the CFR.
Life in most of the global ocean, from pole to pole and from sea surface to the abyssal depths, is already experiencing higher temperatures due to human-driven climate change. In many places, that increase may be barely measurable. In others, particularly in near-surface waters, warming has already had dramatic impacts on marine animals, plants and microbes. Due to closely linked changes in seawater chemistry, less oxygen remains available (in a process called ocean deoxygenation). Seawater contains more dissolved carbon dioxide, causing ocean acidification. Non-climatic effects of human activities are also ubiquitous, including over-fishing and pollution. Whilst these stressors and their combined effects are likely to be harmful to almost all marine organisms, food-webs and ecosystems, some are at greater risk (FAQ5.1, Figure 1). The consequences for human society can be serious unless sufficient action is taken to constrain future climate change.
Structure and functions of all types of coastal ecosystems will continue to be at moderate to high risk under the RCP2.6 scenario (medium confidence) and will face high to very high risk under the RCP8.5 scenario (high confidence) by 2100. Seagrass meadows (high confidence) and kelp forests (high confidence) will face moderate to high risk at temperature above 1.5oC global sea surface warming. Coral reefs will face very high risk at temperatures 1.5C of global sea surface warming (very high confidence). Intertidal rocky shores are also expected to be at very high risk (transition above 3C) under the RCP8.5 scenario (medium confidence). These ecosystems have low to moderate adaptive capacity, as they are highly sensitive to ocean temperatures and acidification. The ecosystems with moderate to high risk (transition above 1.8C) under future emissions scenarios are mangrove forests, sandy beaches, estuaries and salt marshes (medium confidence). Estuaries and sandy beaches are subject to highly dynamic hydrological and geomorphological processes, giving them more natural adaptive capacity to climate hazards. In these systems, sediment relocation, soil accretion and landward expansion of vegetation may initially mitigate against flooding and habitat loss, but salt marshes in particular will be at very high risk in the context of SLR and extreme climate-driven erosion under RCP8.5. 5.3, Figure 5.16
Climate change increases the exposure and bioaccumulation of contaminants such as persistent organic pollutants and mercury (medium confidence), and their risk of impacts on marine ecosystems and seafood safety (high agreement, medium evidence, medium confidence). Such risks are particularly large for top predators and for human communities that have high consumption on these organisms, including coastal Indigenous communities (medium confidence). 5.4.2