[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR708.4]

[Page 331]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 708_DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 708.4  What employee complaints are not covered?

    If you are an employee of a contractor, you may not file a complaint 
against your employer under this part if:
    (a) The complaint is based on race, color, religion, sex, age, 
national origin, or other similar basis; or
    (b) The complaint involves misconduct that you, acting without 
direction from your employer, deliberately caused, or in which you 
knowingly participated; or
    (c) Except as provided in Sec. 708.15(a), the complaint is based on 
the same facts for which you have chosen to pursue a remedy available 
under:
    (1) Department of Labor regulations at 29 CFR part 24, ``Procedures 
for the Handling of Discrimination Complaints under Federal Employee 
Protection Statutes;''
    (2) Federal Acquisition Regulations, 48 CFR part 3, ``Federal 
Acquisition Regulation; Whistleblower Protection for Contractor 
Employees (Ethics);'' or
    (3) State or other applicable law, including final and binding 
grievance-arbitration, as described in Sec. 708.15 of subpart B; or
    (d) The complaint is based on the same facts in which you, in the 
course of a covered disclosure or participation, improperly disclosed 
Restricted Data, national security information, or any other classified 
or sensitive information in violation of any Executive Order, statute, 
or regulation. This part does not override any provision or requirement 
of any regulation pertaining to Restricted Data, national security 
information, or any other classified or sensitive information; or
    (e) The complaint deals with ``terms and conditions of employment'' 
within the meaning of the National Labor Relations Act, except as 
provided in Sec. 708.5.

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