A complainant who has filed an individual complaint, an agent who has filed a class complaint or a claimant who has filed a claim for individual relief pursuant to a class complaint is authorized under title VII, the ADEA, the Rehabilitation Act, Genetic Information Nondiscrimination Act, and the Pregnant Workers Fairness Act to file a civil action in an appropriate United States District Court:
(a) Within 90 days of receipt of the agency final action on an individual or class complaint;
(b) After 180 days from the date of filing an individual or class complaint if agency final action has not been taken;
(c) Within 90 days of receipt of the Commission's final decision on an appeal; or
(d) After 180 days from the date of filing an appeal with the Commission if there has been no final decision by the Commission.
(e) After filing an appeal with the Commission from an agency final action, the complainant, class agent, or class claimant may withdraw the appeal and file a civil action within 90 days of receipt of the agency final action. If the complainant, class agent, or class claimant files an appeal with the Commission from a final agency action and more than 90 days have passed since receipt of the agency final action, the appellant may file a civil action only in accordance with paragraph (c) or (d) of this section.
(f) After filing a request for reconsideration of a Commission decision on an appeal, the complainant, class agent, or class claimant may withdraw the request and file a civil action within 90 days of receipt of the Commission's decision on the appeal. If the complainant, class agent, or class claimant files a request for reconsideration of a Commission decision on an appeal and more than 90 days have passed since the appellant received the Commission's decision on the appeal, the appellant may file a civil action only in accordance with paragraph (c) or (d) of this section.
(g) A complainant, class agent, or class claimant who follows the procedures described in paragraph (e) or (f) of this section shall be deemed to have exhausted his or her administrative remedies.
[57 FR 12646, Apr. 10, 1992. Redesignated and amended at 64 FR 37659, July 12, 1999; 85 FR 35561, June 11, 2020; 89 FR 11171, Feb. 14, 2024]
Notes of Decisions
Fenyang Stewart v. Andrei Iancu (2019)
ca4 · cites it 7×
“29 C.F.R. § 1614.407 (b)." J.A. 114. On February 29, 2016-more than 180 days after the filing of his original administrative complaint, but less than 180 days after the filing of several of the amendments-Stewart filed pro se a civil action in the District Court for the Eastern…”
Mohamed Al-Saffy v. Thomas Vilsack (2016)
cadc · cites it 6×
“]”); 29 C.F.R. § 1614.407 (a), (c). Finally, if no final agency action is taken and no appeal to the Commission has been filed, the employee may file suit in federal district court any time “[ajfter 180 days from the date of filing” the administrative complaint with the…”
Stan Laber v. Francis J. Harvey, Secretary of the Army (2006)
ca4 · cites it 3×
“§ 2000e-16(e) (right of action exists if em *417 ployee “aggrieved”); 29 C.F.R. § 1614.407 (c). This right of action is identical to the right of action possessed by a private-sector employee who has received a right-to-sue letter.”
Brian Lax v. Alejandro Mayorkas (2021)
ca7 · cites it 3×
“§ 2000e- 5(f)(1); 29 C.F.R. § 1614.407 . The district court agreed with DHS that the claim was time-barred and dismissed the case.”
Lawrence Niskey v. John F. Kelly (2017)
cadc · cites it 3×
“Option 1: If the employing agency issues a decision with which the employee is dissatisfied, the employee can file suit in federal court, 29 C.F.R. § 1614.407 (a), or appeal to an Equal Employment Opportunity Commission (“EEOC”) ALJ, who has 180 days to render a decision, id.”
Augustus v. Locke (2010)
dcd · cites it 9×
“at 6 (citing 29 C.F.R. § 1614.407 ). 4 This Court agrees with plaintiff, and finds that Ms.”
Gary Hamilton v. Timothy Geithner (2012)
cadc · cites it 2×
“When the EEO failed to take any action within 180 days from the filing of Hamilton’s complaint, see 29 C.F.R. § 1614.407 (b) (authorizing civil actions if no final action is taken within 180 days after a complaint is filed), Hamilton sued the Treasury Secretary in the United…”
Hansson, Marian K. v. Norton, Gale (2005)
cadc · cites it 4×
“Contrary to Hansson’s suggestion, nothing in the Resolution Agreement preserves Hansson’s right to bring a Title VII action for attorney’s fees in district court pursuant to 29 C.F.R. § 1614.407 if the parties disagree on the amount of fees.”
Williams v. Chu (2009)
dcd · cites it 4×
“Pursuant to § 2000e-16(e) and the agency regulation implementing that statute, 29 C.F.R. § 1614.407 , 4 a plaintiff must file a complaint arising from a denial of a claim before the EEOC “within [ninety] days of receipt of notice of final action taken by .”
Brown v. Tomlinson (2006)
dcd · cites it 7×
“The next day, the administrative judge issued an Order of Dismissal of plaintiffs administrative complaint stating that “Complainant has withdrawn his request for a hearing and has served notice of his intent to file a civil action in the United States District Court for the…”
— 29 C.F.R. § 1614.407(a) — 11 cases
— 29 C.F.R. § 1614.407(b) — 2 cases
Fenyang Stewart v. Andrei Iancu (2019)
ca4
“29 C.F.R. § 1614.407 (b)." J.A. 114. On February 29, 2016-more than 180 days after the filing of his original administrative complaint, but less than 180 days after the filing of several of the amendments-Stewart filed pro se a civil action in the District Court for the Eastern…”
— 29 C.F.R. § 1614.407(c) — 2 cases
— 29 C.F.R. § 1614.407(d) — 3 cases
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