{"data":{"id":"us/10-cfr-708.16","jurisdiction":"us","citation":"10 CFR 708.16","heading":"Duplicative actions under State or other law.","body":"(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:\n(1) The complaint under State or other applicable law is dismissed for lack of jurisdiction;\n(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\n(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.\n(b) Pursuing a remedy other than final and binding grievance-arbitration procedures does not prevent an employee from filing a complaint under this part.\n(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.\n(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).","path":["Title 10—Energy","CHAPTER III—DEPARTMENT OF ENERGY","PART 708—DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM","Subpart B—Employee Complaint Resolution Process"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-10.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:09Z","sha256":"5e9ec731e16fa1955b17b72ae0ec3059dc5805b8dd287066e599a29f690e0c31","source_id":"us-cfr","stale":true,"prev":"us/10-cfr-708.15","next":"us/10-cfr-708.17"},"notice":"GroundRules: Original legal text. Not legal advice."}