Filing discrimination complaints

Under 1977.15(a) the complaint may be filed by the employee himself or by a representative authorized to file on the employee’s behalf.

• This means a worker can submit the complaint personally or give written or otherwise authorized permission to a co-worker, attorney, union representative, or other agent to file for them.
• See also the general 1977 overview for context on Section 11(c) protections.

Under 1977.15(b) no particular form is required to file a section 11(c) complaint.

• You can write a letter, use OSHA’s online complaint options, or submit other documentation so long as it identifies the alleged discrimination and provides enough information for OSHA to proceed.
• Keep a copy of whatever you submit and any proof of delivery.

Under 1977.15(c) you should file the complaint with the OSHA Area Director responsible for the geographic area where the employee lives or was employed.

• If you’re unsure which Area Office covers your location, consult the main 1977 page or OSHA’s Area Office listings on OSHA.gov to find the correct Area Director contact information.

Under 1977.15(d)(1) an employee must file a section 11(c) complaint within 30 days after the alleged violation occurs.

• The 30-day clock starts from the date of the discriminatory act (for example, the date of a discharge or other adverse action).
• File as soon as possible because delays make it harder to proceed.

Under 1977.15(d)(2) complaints not filed within 30 days will ordinarily be presumed untimely and may not be processed.

• Late complaints are usually dismissed unless there is a valid reason to extend (toll) the deadline under equitable principles described in 1977.15(d)(3).
• Don’t assume a late filing will be accepted; explain any delay clearly when you file.

Under 1977.15(d)(3) the 30-day period may be tolled for recognized equitable reasons or strongly extenuating circumstances, such as employer concealment or misleading behavior, or where the discrimination is a continuing violation.

• Examples: the employer actively hid the real reason for your discharge or repeatedly misled you about the adverse action so you could not reasonably discover the discrimination.
• Tolling is decided case-by-case, and you should explain factual reasons for delay when filing.

Under 1977.15(d)(3) the pendency of grievance-arbitration proceedings or filing with another agency does not justify tolling the 30-day filing period.

• That means pursuing arbitration or filing with a state or federal agency usually will not extend OSHA’s 30-day deadline.
• If you are in arbitration or have filed elsewhere, file with OSHA too (within 30 days) to preserve your OSHA claim.

Under 1977.15(d)(3) a continuing violation is an ongoing discriminatory practice that may justify tolling the 30‑day period because the harmful conduct is not a single, discrete act.

• Example: repeated or ongoing retaliation tied to an earlier protected activity may be treated as continuing, and the 30‑day period could run from the last discriminatory act.
• Whether a situation qualifies as a continuing violation is fact-specific—describe the timeline and pattern of conduct in your complaint.

Under 1977.15(d)(3) employer concealment or misleading of the employee may justify tolling the 30‑day period.

• If your employer actively hid the true grounds for the adverse action or misled you so you could not discover the discrimination, explain those facts when you file.
• OSHA evaluates concealment claims on the specific facts; provide documentation or dates showing when you discovered the true reason.

Under 1977.15(c) you should file with the Area Director responsible for the geographic area where the employee resides or was employed, and under 1977.15(d)(1) the 30‑day filing period still applies from the date of the alleged violation.

• Choose the Area Director for either your residence or your work location per 1977.15(c) and file within 30 days of the discriminatory act unless tolling applies.
• If unsure which Area Office covers the location, consult the main 1977 page for contact information.

Under the 1983 Letter of Interpretation (Work refusal and OSH Act protections), leaving the workplace to file an OSHA complaint is not protected activity if the employee left the workplace, because the letter explains that leaving the worksite takes the employee out of the realm of protected activity. (See the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/1983-07-11-1.)

• The LOI clarifies that protected work refusals are tightly limited and do not include leaving the workplace to file with OSHA.
• For full context see the letter discussing Section 1977.12 and the limits on work refusals.

Under the 1983 Letter of Interpretation, a work refusal is protected only when all of the stringent conditions in Section 1977.12(b)(2) are met; absent those conditions, a refusal is generally not protected. (See the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/1983-07-11-1.)

• The LOI emphasizes that Section 1977.12 sets narrow criteria for protected refusals (danger must be imminent, no safe alternative, reasonable belief of hazard, and time to seek correction, among other elements).
• If you believe your refusal met all statutory criteria, describe those facts clearly in any complaint.

Under the 1983 Letter of Interpretation, if you stayed at work after reporting a life‑threatening hazard and then were fired for refusing to perform dangerous work, your refusal would more likely be considered protected provided the strict conditions of Section 1977.12(b)(2) were met; the LOI states this scenario could qualify for protection. (See the interpretation at https://www.osha.gov/laws-regs/standardinterpretations/1983-07-11-1 and 1977 overview.)

• The key is meeting all statutory criteria for a protected refusal (immediacy of danger, no reasonable alternative, reasonable belief, and opportunity to have employer remedy the hazard).
• Document the hazard report, your communications with the employer, and why you believed the hazard was life‑threatening when filing a complaint.

Under 1977.15(d)(3) you should explain and document the factual reasons that justify tolling (for example, specific acts of concealment, dates when you first learned of the adverse action, or evidence of a continuing violation).

• Provide dates, emails, witness names, employer statements, and any other proof showing why you could not have reasonably filed within 30 days.
• The more concrete the evidence of concealment or ongoing misconduct, the stronger the tolling argument will be.

Under 1977.15(d)(3) you should still file your complaint promptly and include a clear explanation and evidence of the facts you believe justify tolling (e.g., concealment, misleading conduct, or a continuing violation).

• State when and how you discovered the true discriminatory act, attach supporting documents, and explain any actions you took to discover the facts.
• OSHA will evaluate the tolling claim on its merits; filing promptly increases your chances of review.