Filing discrimination complaints

Under 1981.103(a), an employee who believes they were discriminated against may file a complaint, and anyone may file on the employee's behalf. See Who may file in 1981.103(a).

Under 1981.103(b), no special form is required; the complaint must simply be in writing and should include a full statement of the acts and omissions and the relevant dates. See Nature of filing in 1981.103(b).

• Include who did what, when it happened (dates), and how you were harmed.
• Be clear and concise so investigators can understand the allegations.

Under 1981.103(c), you should file the complaint with the OSHA Area Director responsible for the area where you live or worked, but you may also file it with any OSHA officer or employee. See Place of filing in 1981.103(c).

• Using the Area Director for your geographic area is preferred.
• If you file with any OSHA staff member, they will forward it appropriately.

Under 1981.103(c), addresses and telephone numbers for OSHA officials are listed in local directories and on OSHA's website; you should use those resources to locate the appropriate Area Director. See Place of filing in 1981.103(c).

• If you cannot find the Area Director, any OSHA officer or employee can accept the complaint and ensure it is routed correctly.

Under 1981.103(d), you must file the complaint within 180 days after the alleged violation occurs, which is when the discriminatory decision has both been made and communicated to you. See Time for filing in 1981.103(d).

• Count the 180 days from the date you were informed of the discriminatory decision.

Under 1981.103(d), the filing date is the postmark date for mailed complaints or the date of facsimile transmittal or e-mail; if you deliver the complaint in person, it is filed on the date OSHA receives it. See Time for filing in 1981.103(d).

• Keep copies and proof of mailing, fax confirmation, or sent e-mail to document the filing date.

Under 1981.103(a) and 1981.103(d), a complaint may be filed by any person on the employee's behalf, but the 180-day filing deadline still applies from the date the alleged violation occurred. See Who may file in 1981.103(a) and Time for filing in 1981.103(d).

• A representative cannot extend the statutory 180-day time limit.

Under 1981.103(b), your written complaint should include a clear statement of the acts and omissions you believe violated the Act and the pertinent dates associated with those acts. See Nature of filing in 1981.103(b).

• Include who was involved, what happened, when it happened (dates), and any supporting evidence or witnesses you know.
• If possible, attach copies of relevant documents (letters, e-mails, pay records) to support your account.

Under 1981.103(e), if your Pipeline Safety Act complaint alleges facts that would also violate section 11(c), it will be treated as a complaint under both laws; similarly, a section 11(c) complaint alleging Pipeline Safety Act violations will be treated as filed under both statutes. See Relationship to section 11(c) complaints in 1981.103(e).

• The complaint will be subject to the normal procedures and timeliness rules for investigations under the applicable laws.

Under 1981.103(e), when a complaint is deemed filed under both the Pipeline Safety Act and section 11(c), normal procedures and the timeliness requirements that apply under each law will be followed during investigations. See Relationship to section 11(c) complaints in 1981.103(e).

• This means investigators will apply the appropriate investigative steps and deadlines for each statute as required.

Under 1981.103(d), a complaint postmarked on the 180th day is considered filed on that date and is therefore timely. See Time for filing in 1981.103(d).

• Keep the original mailed envelope or postal receipt as proof of the postmark date.

Under 1981.103(d), the date of e-mail transmission is considered the date of filing, so an e-mail sent on the 180th day will be treated as timely filed. See Time for filing in 1981.103(d).

• Keep your sent e-mail and server timestamps as proof of transmission.

Under 1981.103(c), you may file your complaint with any OSHA officer or employee, although the complaint should preferably be filed with the OSHA Area Director responsible for the area where you live or worked. See Place of filing in 1981.103(c).

• If you file at another OSHA location, staff will route the complaint to the appropriate Area Director.

Under 1981.103(b) and 1981.103(d), the complaint must be in writing to meet the filing requirement, and the 180-day deadline applies from when the violation occurred and was communicated; oral complaints do not satisfy the written filing requirement. See Nature of filing in 1981.103(b) and Time for filing in 1981.103(d).

• If you only made an oral report, follow up promptly with a written complaint to preserve your rights.