C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 68—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD

28 C.F.R. § 68.4

Complaints regarding unfair immigration-related employment practices

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(a) 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.

(b) The Special Counsel shall, within one hundred and twenty (120) days of the date of receipt of the charge:

(1) 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,

(2) 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.

(c) 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.

[Order No. 1534-91, 56 FR 50053, Oct. 3, 1991]
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Farazi v. Oracle of Am. Inc (W.D. Wash. 2024).
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Farazi v. Oracle of Am. Inc (W.D. Wash. 2024). “§ 1324b; 28 C.F.R. § 68.4 . Thus, even 10 if Plaintiff alleged an INA violation under a separate set of facts from those in her EEOC charge, 11 she was required to file a charge with the Special Counsel by February 22, 2023, 180 days after 12 her termination.”
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