---
kind: "section"
citation: "10 C.F.R. § 708.16"
title: "10"
number: "708.16"
heading: "Duplicative actions under State or other law."
url: "https://uscodex.org/cfr/10/708.16"
---

# §708.16. Duplicative actions under State or other law.

- (a) An employee may not file a complaint under this part if, with respect to the same facts, he chooses to pursue a remedy under State or other applicable law, including final and binding grievance-arbitration procedures, unless:
  - (1) The complaint under State or other applicable law is dismissed for lack of jurisdiction;
  - (2) The complaint was filed under [48 CFR part 3](/cfr/48/part3.md), [subpart 3.9](/cfr/10/subpart3.9.md) and the Inspector General, after conducting an initial inquiry, determines not to pursue it; or
  - (3) The employee has exhausted grievance-arbitration procedures pursuant to [§ 708.14](/cfr/10/708.14.md), and issues related to alleged retaliation for conduct protected under [§ 708.5](/cfr/10/708.5.md) remain.
- (b) Pursuing a remedy other than final and binding grievance-arbitration procedures does not prevent an employee from filing a complaint under this part.
- (c) An employee is considered to have filed a complaint under State or other applicable law if he files a complaint, or other pleading, with respect to the same facts in a proceeding established or mandated by State or other applicable law, whether such a complaint is filed before, concurrently with, or after a complaint is filed under this part.
- (d) If an employee files a complaint under State or other applicable law after filing a complaint under this part, the complaint under this regulation will be dismissed under [§ 708.18(c)(3)](/cfr/10/708.18.md?p=c-3).

## Notes

### Authority

Authority: 42 U.S.C. 2201(b), 2201(c), 2201(i), and 2201(p); 42 U.S.C. 5814 and 5815; 42 U.S.C. 7251, 7254, 7255, and 7256; and 5 U.S.C. Appendix 3.

### Source

Source: 84 FR 37757, Aug. 2, 2019, unless otherwise noted.