10 CFR § 708.16 - Duplicative actions under State or other law.

---
identifier: "/us/cfr/t10/s708.16"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 708.16 - Duplicative actions under State or other law."
title_number: 10
title_name: "Energy"
section_number: "708.16"
section_name: "Duplicative actions under State or other law."
chapter_name: "DEPARTMENT OF ENERGY"
part_number: "708"
part_name: "DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 2201(b), 2201(c), 2201(i), and 2201(p); 42 U.S.C. 5814 and 5815; 42 U.S.C. 7251, 7254, 7255, and 7256; and 5 U.S.C. Appendix 3."
regulatory_source: "84 FR 37757, Aug. 2, 2019, unless otherwise noted."
cfr_part: "708"
---


# 708.16 Duplicative actions under State or other law.

(a) An employee may not file a complaint under this part if, with respect to the same facts, he chooses to pursue a remedy under State or other applicable law, including final and binding grievance-arbitration procedures, unless:

(1) The complaint under State or other applicable law is dismissed for lack of jurisdiction;

(2) The complaint was filed under 48 CFR part 3, subpart 3.9 and the Inspector General, after conducting an initial inquiry, determines not to pursue it; or

(3) The employee has exhausted grievance-arbitration procedures pursuant to § 708.14, and issues related to alleged retaliation for conduct protected under § 708.5 remain.

(b) Pursuing a remedy other than final and binding grievance-arbitration procedures does not prevent an employee from filing a complaint under this part.

(c) An employee is considered to have filed a complaint under State or other applicable law if he files a complaint, or other pleading, with respect to the same facts in a proceeding established or mandated by State or other applicable law, whether such a complaint is filed before, concurrently with, or after a complaint is filed under this part.

(d) If an employee files a complaint under State or other applicable law after filing a complaint under this part, the complaint under this regulation will be dismissed under § 708.18(c)(3).