Legal Definitions - deferral state

The term deferral state refers to a state that has its own laws prohibiting age discrimination and a dedicated state agency or mechanism to enforce those laws. Under the Age Discrimination in Employment Act (ADEA), if an individual experiences age discrimination in a deferral state, they are generally required to first pursue their complaint through the state's administrative process. This means the deadline for filing a federal lawsuit under the ADEA is temporarily extended, or "deferred," until the individual has exhausted the remedies available at the state level. This system allows states to address age discrimination complaints locally before they can proceed to federal court.

• For instance, imagine Sarah, a 58-year-old marketing manager in a state with its own robust Department of Fair Employment and Housing. She believes she was unfairly demoted and replaced by a much younger, less experienced colleague solely due to her age. Because her state is a deferral state, Sarah would typically need to file a complaint with her state's Department of Fair Employment and Housing first. The federal timeline for her to file a lawsuit under the ADEA would be paused until the state agency has had an opportunity to investigate her claim and attempt to resolve it, or until a certain period has passed.

• Consider Mark, a 62-year-old software engineer living in a different state that also qualifies as a deferral state, possessing its own Human Rights Commission. Mark applies for several senior positions within his company but is consistently passed over for younger candidates, despite his extensive experience and qualifications. Before Mark can file a lawsuit in federal court alleging age discrimination under the ADEA, he would first be required to file a complaint with his state's Human Rights Commission. This allows the state commission to conduct its own investigation, mediate, or pursue other state-level remedies before Mark can proceed with a federal claim.