28 CFR § 68.4 - Complaints regarding unfair immigration-related employment practices.
---
identifier: "/us/cfr/t28/s68.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 68.4 - Complaints regarding unfair immigration-related employment practices."
title_number: 28
title_name: "Judicial Administration"
section_number: "68.4"
section_name: "Complaints regarding unfair immigration-related employment practices."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "68"
part_name: "RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301, 554, 557(b); 8 U.S.C. 1103, 1324a, 1324b, and 1324c; 28 U.S.C. 509, 510, and 2461 note."
cfr_part: "68"
---
# 68.4 Complaints regarding unfair immigration-related employment practices.
(a) *Generally.* An individual must file a charge with the Special Counsel within one hundred and eighty (180) days of the date of the alleged unfair immigration-related employment practice.
(b) The Special Counsel shall, within one hundred and twenty (120) days of the date of receipt of the charge:
(1) Determine whether there is a reasonable cause to believe the charge is true and whether to bring a complaint respecting the charge with the Chief Administrative Hearing Officer within the 120-day period; or,
(2) Notify the party within the 120-day period that the Special Counsel will not file a complaint with the Chief Administrative Hearing Officer within the 120-day period.
(c) The charging individual may file a complaint directly with the Chief Administrative Hearing Officer within ninety (90) days after the date of receipt of notice that the Special Counsel will not be filing a complaint within the 120-day period. However, the Special Counsel's failure to file a complaint within the 120-day period will not affect the right of the Special Counsel to investigate the charge or bring a complaint within the 90-day period.
[Order No. 1534-91, 56 FR 50053, Oct. 3, 1991]