[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1603.102]

[Page 186-187]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
   PART 1603_PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 304 OF THE GOVERNMENT 
EMPLOYEE RIGHTS ACT OF 1991--Table of Contents
 
                    Subpart A_Administrative Process
 
Sec. 1603.102  Filing a complaint.

    (a) Who may make a complaint. Individuals referred to in Sec. 
1603.101 who believe they have been discriminated against on the basis 
of race, color, religion, sex, national origin, age or disability or 
retaliated against for opposing any practice made unlawful by federal 
laws protecting equal employment opportunity or for participating in any 
stage of administrative or judicial proceedings under federal laws 
protecting equal employment opportunity may

[[Page 187]]

file a complaint not later than 180 days after the occurrence of the 
alleged discrimination.
    (b) Where to file a complaint. A complaint may be filed in person, 
by mail or by facsimile machine to any Commission office or with any 
designated agent or representative of the Commission. The addresses of 
the Commission's District, Field, Area and Local offices appear in 29 
CFR 1610.4.
    (c) Contents of a complaint. A complaint shall be in writing, signed 
and verified. In addition, each complaint should contain the following:
    (1) The full name, address and telephone number of the person making 
the complaint;
    (2) The full name and address of the person, governmental entity or 
political subdivision against whom the complaint is made (hereinafter 
referred to as the respondent);
    (3) A clear and concise statement of the facts, including pertinent 
dates, constituting the alleged unlawful employment practices (See 29 
CFR 1601.15(b)); and
    (4) A statement disclosing whether proceedings involving the alleged 
unlawful employment practice have been commenced before a State or local 
FEP agency charged with the enforcement of fair employment practice laws 
and, if so, the date of such commencement and the name of the agency.
    (d) Amendment of a complaint. Notwithstanding paragraph (c) of this 
section, a complaint is sufficient when the Commission receives from the 
person making the complaint a written statement sufficiently precise to 
identify the parties and to describe generally the alleged 
discriminatory action or practices. A complaint may be amended to cure 
technical defects or omissions, including failure to verify the 
complaint, or to clarify and amplify its allegations. Such amendments, 
and amendments alleging additional acts that constitute discriminatory 
employment practices related to or growing out of the subject matter of 
the original complaint, will relate back to the date the complaint was 
first received. A complaint that has been amended after it was referred 
shall not be again referred to the appropriate state or local fair 
employment practices agency.
    (e) Misfiled complaint. A charge filed pursuant to 29 CFR part 1601 
or part 1626, that is later deemed to be a matter under this part, shall 
be processed as a complaint under this part and shall relate back to the 
date of the initial charge or complaint. A complaint filed under this 
part that is later deemed to be a matter under 29 CFR part 1601 or part 
1626 shall be processed as a charge under the appropriate regulation and 
shall relate back to the date of the initial complaint.

[62 FR 17543, Apr. 10, 1997, as amended at 71 FR 26829, May 9, 2006]