[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1980.114]

[Page 218-219]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1980_PROCEDURES FOR THE HANDLING OF DISCRIMINATION COMPLAINTS UNDER 
 
                   Subpart C_Miscellaneous Provisions
 
Sec. 1980.114  District Court jurisdiction of discrimination complaints.

    (a) If the Board has not issued a final decision within 180 days of 
the filing of the complaint, and there is no showing that there has been 
delay due to the bad faith of the complainant, the complainant may bring 
an action at law or equity for de novo review in the appropriate 
district court of the United States, which will have jurisdiction over 
such an action without regard to the amount in controversy.

[[Page 219]]

    (b) Fifteen days in advance of filing a complaint in Federal court, 
a complainant must file with the administrative law judge or the Board, 
depending upon where the proceeding is pending, a notice of his or her 
intention to file such a complaint. The notice must be served upon all 
parties to the proceeding. If the Assistant Secretary is not a party, a 
copy of the notice must be served on the Assistant Secretary, 
Occupational Safety and Health Administration, and on the Associate 
Solicitor, Division of Fair Labor Standards, U.S. Department of Labor, 
Washington, DC 20210.