[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR44.300]

[Page 10-11]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 44--UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES--Table of Contents
 
                    Subpart C--Enforcement Procedures
 
Sec. 44.300  Filing a charge.


    (a) Who may file. (1) Any individual who believes that he or she has 
been adversely affected directly by an unfair immigration-related 
employment practice, or any individual or private organization 
authorized to act on such person's behalf, may file a charge with the 
Special Counsel.
    (2) Any officer of the Immigration and Naturalization Service who 
believes that an unfair immigration-related employment practice has 
occurred or is occurring may file a charge with the Special Counsel.
    (b) When to file. Charges shall be filed within 180 days of the 
alleged occurrence of an unfair immigration-related employment practice. 
For purposes of determining when a charge is timely under this 
paragraph, a charge mailed to the Special Counsel shall be deemed filed 
on the date it is postmarked.
    (c) How to file. Charges may be:
    (1) Mailed to: Office of Special Counsel for Immigration-Related 
Unfair Employment Practices, P.O. Box 27728, Washington, DC 20038-7728 
or
    (2) Delivered to the Office of Special Counsel at 1425 New York 
Avenue NW., suite 9000, Washington, DC 20005.

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    (d) No overlap with EEOC complaints. No charge may be filed 
respecting an unfair immigration-related employment practice described 
in Sec. 44.200(a)(1) if a charge with respect to that practice based on 
the same set of facts has been filed with the Equal Employment 
Opportunity Commission under title VII of the Civil Rights Act of 1964, 
unless the charge is dismissed as being outside the scope of such title. 
No charge respecting an employment practice may be filed with the Equal 
Employment Opportunity Commission under such title if a charge with 
respect to such practice based on the same set of facts has been filed 
under this section, unless the charge is dismissed by the Special 
Counsel as being outside the scope of this part.

[Order No. 1225-87, 52 FR 37409, Oct. 6, 1987, as amended by Order No. 
1807-93, 58 FR 59948, Nov. 12, 1993]