See Lawsuits
under FMLA
See 29 CFR PART 1614 SUBPART D--APPEALS AND
CIVIL ACTIONS
See also 29 CFR PART 1614 SUBPART E Remedies
and Enforcement
Sec. 1614.408--Civil
action: Title VII, Age Discrimination in
Employment Act and Rehabilitation Act
A complainant who has filed an individual complaint, an agent who has filed a class
complaint or a claimant who has filed a claim for individual relief pursuant to a class
complaint is authorized under title VII, the ADEA and the Rehabilitation Act to file a
civil action in an appropriate United States District Court:
(a) Within 90 days of receipt of the final decision on an individual or class complaint if
no appeal has been filed;
(b) After 180 days from the date of filing an individual or class complaint if an appeal
has not been filed and a final decision has not been issued;
(c) Within 90 days of receipt of the Commission's final decision on an appeal; or
(d) After 180 days from the date of filing an appeal with the Commission if there has been
no final decision by the Commission. |
29 CFR PART
1614--SUBPART C--RELATED PROCESSES
Title 26 current through January 1, 1996
Sec. 1614.310--Right to
file a civil action
An individual who has a complaint processed pursuant to 5 CFR
part 1201, subpart E or this subpart is authorized by 5 U.S.C. 7702 to file a civil action
in an appropriate United States District Court:
(a) Within 30 days of receipt of a final decision issued by an agency on a complaint
unless an appeal is filed with the MSPB; or
(b) Within 30 days of receipt of notice of the final decision or action taken by the MSPB
if the individual does not file a 1petition for consideration with the EEOC; or
(c) Within 30 days of receipt of notice that the Commission has determined not to consider
the decision of the MSPB; or
(d) Within 30 days of receipt of notice that the Commission concurs with the decision of
the MSPB; or
(e) If the Commission issues a decision different from the decision of the MSPB, within 30
days of receipt of notice that the MSPB concurs in and adopts in whole the decision of the
Commission; or
(f) If the MSPB does not concur with the decision of the Commission and reaffirms its
initial decision or reaffirms its initial decision with a revision, within 30 days of the
receipt of notice of the decision of the Special Panel; or
(g) After 120 days from the date of filing a formal complaint if there is no final action
or appeal to the MSPB; or
(h) After 120 days from the date of filing an appeal with the MSPB if the MSPB has not yet
made a decision; or
(i) After 180 days from the date of filing a petition for consideration with Commission if
there is no decision by the Commission, reconsideration decision by the MSPB or decision
by the Special Panel. |
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