Filing discrimination complaint

An employee who believes they were discriminated against by an air carrier or its contractor or subcontractor may file the complaint, and any person may file on the employee’s behalf. See 1979.103(a).

• This includes the employee personally or a representative (friend, family member, attorney, or union) filing for them.
• The regulation covers discrimination by air carriers and their contractors and subcontractors.

No special form is required; the complaint must be in writing and should include a full statement of the acts and omissions and pertinent dates you believe constitute the violation. See 1979.103(b).

• Plain written letters, printed complaint forms, or typed statements are acceptable as long as they provide the required information.
• Including names, dates, specific actions, and witnesses or documents makes the complaint more complete.

You should file the complaint with the OSHA Area Director responsible for the geographic area where the employee resides or was employed, but you may also file it with any OSHA officer or employee. See 1979.103(c).

• OSHA Area Director contact information appears in local directories and on OSHA’s website.
• If you file with any OSHA employee, they will route the complaint to the appropriate office.

You must file the complaint within 90 days after the alleged violation occurs, meaning when the discriminatory decision has been both made and communicated to you. See 1979.103(d).

• Timeliness is measured from the date the decision is communicated, not when you learn of its effects later.

The alleged violation occurs when the discriminatory decision has been both made and communicated to the complainant. See 1979.103(d).

• If the employer decides earlier but tells you later, the 90-day clock starts when you are actually told.

The date of the postmark, facsimile transmittal, or e-mail communication will be considered the date of filing; if you file in person, the complaint is filed upon receipt. See 1979.103(d).

• Keep evidence of the postmark or the sent email/fax confirmation to prove timeliness.

If a complaint filed under AIR21 alleges facts that would also violate section 11(c) of the Occupational Safety and Health Act, it will be treated as a complaint filed under both AIR21 and section 11(c); the same applies in reverse. See 1979.103(e) and 29U.S.C.660(c).

• Normal procedures and timeliness requirements for investigations under each law will be followed.

You should include a full statement of the acts and omissions you believe constitute the violations, with pertinent dates. See 1979.103(b).

Helpful items to include:

• Names of employer, supervisor, and witnesses.
• Dates of the discriminatory decision and when it was communicated to you.
• A clear description of the actions or omissions you believe were discriminatory.
• Any supporting documents (emails, performance reviews) and the remedy you seek.

Yes—any person, including a union representative or attorney, may file a complaint on the employee’s behalf. See 1979.103(a).

• Make sure the filer includes your name and the facts of the case and indicates they are filing on your behalf.

OSHA Area Director addresses and telephone numbers are listed in local directories and on OSHA’s website; you may also file with any OSHA officer or employee. See 1979.103(c).

• If you’re unsure, contact any local OSHA office and they will direct you to the correct Area Director.

The 90-day filing period begins when the discriminatory decision has been both made and communicated to you, so it starts on the date you were informed, not the date the employer internally decided. See 1979.103(d).

• Keep records (emails, letters, notes) showing when the decision was communicated to you to establish timeliness.

The regulation does not specify an amendment procedure, but it requires a written complaint that includes a full statement of the acts and dates believed to constitute violations. See 1979.103(b).

• Practically, contact the OSHA Area Director or office where you filed to report new information or to ask how to submit an amended statement.

Yes—an e-mail communication’s transmission date is considered the date of filing, so an e-mail sent on or before the 90th day counts as timely even if the employer or OSHA reads it later. See 1979.103(d).

• Keep the sent email with timestamp or your email client’s sent folder as proof of the sending date.

Yes—you may file with any OSHA officer or employee regardless of geographic location, although the preferred filing location is the Area Director for the area where the employee resides or was employed. See 1979.103(c).

• If you file elsewhere, the office that receives the complaint will route it to the appropriate Area Director for handling.