[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR300.104]

[Page 122]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 300_EMPLOYMENT (GENERAL)--Table of Contents
 
                     Subpart A_Employment Practices
 
Sec. 300.104  Appeals, grievances and complaints.

    (a) Employment practices. A candidate who believes that an 
employment practice which was applied to him or her by the Office of 
Personnel Management violates a basic requirement in Sec. 300.103 is 
entitled to appeal to the Merit Systems Protection Board under the 
provisions of its regulations.
    (b) Examination ratings. A candidate may file an appeal with the 
Office from his or her examination rating or the rejection of his or her 
application, except that, where the Office has delegated examining 
authority to an agency, the candidate should appeal directly to that 
agency. The appeal and supporting documents shall be filed with the 
agency office that determined the rating.
    (c) Complaints and grievances to an agency. (1) A candidate may file 
a complaint with an agency when he believes that an employment practice 
which was applied to him and which is administered or required by the 
agency discriminates against him on the basis of race, color, religion, 
sex, or national origin; or age, provided that at the time of the 
alleged discriminatory action the candidate was at least 40 years of age 
but less than 65 years of age. The complaint shall be filed and 
processed in accordance with subparts B and E of part 713 of this 
chapter.
    (2) Except as provided in paragraph (c)(1) of this section, an 
employee may file a grievance with an agency when he or she believes 
that an employment practice which was applied to him or her and which is 
administered or required by the agency violates a basic requirement in 
Sec. 300.103. The grievance shall be filed and processed under an 
agency grievance system, if applicable, or a negotiated grievance system 
as applicable.

[40 FR 15380, Apr. 7, 1975, as amended at 41 FR 51579, Nov. 23, 1976; 44 
FR 48951, Aug. 21, 1979; 60 FR 3057, Jan. 13, 1995; 60 FR 47040, Sept. 
11, 1995]