Equal Opportunity Commission State

The question in this case is whether section 48-1008, R. R. S. 1943, a part of the Act Prohibiting Unjust Discrimination in Employment Because of Age, limits the right of the Equal Opportunity Commission to bring suit on behalf of the aggrieved employee to a 30-day period following filing of the complaint by the employee, or whether the elapse of the 30-day period is simply a condition precedent to the right of the aggrieved employee to bring an action on his own behalf. The District Court for Douglas County held that the commissions action in this case was barred by a 30-day statute of limitation, sustained the defendant employers demurrer to the petition of the commission, and dismissed the action. The commission appeals to this court. We reverse and remand because we are convinced that the controverted provision of section 48-1008, R. R. S. 1943, is not a statute of limitation.