§68.4. Complaints regarding unfair immigration-related employment practices.
28 C.F.R. § 68.4
Generally. An individual must file a charge with the Special Counsel within one hundred and eighty (180) days of the date of the alleged unfair immigration-related employment practice.
The Special Counsel shall, within one hundred and twenty (120) days of the date of receipt of the charge:
Determine whether there is a reasonable cause to believe the charge is true and whether to bring a complaint respecting the charge with the Chief Administrative Hearing Officer within the 120-day period; or,
Notify the party within the 120-day period that the Special Counsel will not file a complaint with the Chief Administrative Hearing Officer within the 120-day period.
The charging individual may file a complaint directly with the Chief Administrative Hearing Officer within ninety (90) days after the date of receipt of notice that the Special Counsel will not be filing a complaint within the 120-day period. However, the Special Counsel's failure to file a complaint within the 120-day period will not affect the right of the Special Counsel to investigate the charge or bring a complaint within the 90-day period.
Notes, amendments, and revision history
Amendments
[Order No. 1534-91, 56 FR 50053, Oct. 3, 1991]
Authority
Authority: 5 U.S.C. 301, 554, 557(b); 8 U.S.C. 1103, 1324a, 1324b, and 1324c; 28 U.S.C. 509, 510, and 2461 note; and Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321. Link to an amendment published at 91 FR 51581, Aug. 11, 2026.
Amendments
[Order No. 1534-91, 56 FR 50053, Oct. 3, 1991]