---
kind: "section"
citation: "29 C.F.R. § 1614.310"
title: "29"
number: "1614.310"
heading: "Right to file a civil action."
url: "https://uscodex.org/cfr/29/1614.310"
---

# §1614.310. Right to file a civil action.


An individual who has a complaint processed pursuant to [5 CFR part 1201](/cfr/5/part1201.md), [subpart E](/cfr/29/subpartE.md) or this subpart is authorized by [5 U.S.C. 7702](/usc/5/7702.md) 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 petition 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.

## Notes

### Authority

Authority: 29 U.S.C. 206(d), 633a, 791 and 794a; 42 U.S.C. 2000e-16, 2000ff-6(e), and 2000gg-2(e); E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218; E.O. 11222, 3 CFR, 1964-1965 Comp., p. 306; E.O. 11478, 3 CFR, 1969 Comp., p. 133; E.O. 12106, 3 CFR, 1978 Comp., p. 263; Reorg. Plan No. 1 of 1978, 3 CFR, 1978 Comp., p. 321.

### Source

Source: 57 FR 12646, Apr. 10, 1992, unless otherwise noted.