Filing Of Complaint Alleging Discrimination

(1) Who may file. A complaint alleging discrimination in violation of T.C.A. § 50-3-409 may be filed by the employee against whom the discriminatory action was taken, or by a representative authorized to do so on his behalf. (2) Nature of filing. No particular form of complaint is required. Complaints reduced to writing are preferable but verbal or telephone complaints shall be accepted. As a minimum, the following must be provided in the complaint: (a) Name and address of the complainant or the complainant’s authorized representative. (b) Name and address of the employer or former employer against whom the complaint is filed. (3) Place of filing. Complaints should be filed with the Area Supervisor of the Division of Occupational Safety and Health responsible for enforcement activities in the geographical area where the complainant resides or is/was employed or with the Manager of Standards and Procedures or Health or Safety Enforcement in the Central Office of the Division of Occupational Safety and Health in Nashville. Such complaints addressed to the Commissioner of Labor and Workforce Development will be forwarded to the Division of Occupational Safety and Health for action. (4) Time for filing. (a) T.C.A. § 50-3-409 provides that any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this section DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS CHAPTER 0800-01-08 UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 may, within thirty (30) days after such violation occurs, file a complaint with the Commissioner of Labor and Workforce Development alleging such discrimination. (b) A major purpose of the thirty (30) day period in which to file a complaint pursuant to T.C.A. § 50-3-409 is to allow the Commissioner to decline to entertain complaints which have become stale. Accordingly, complaints not filed within thirty (30) days of an alleged discriminatory action will ordinarily be presumed to be untimely and no further action on them will be taken except to so inform the complainant. (c) However, there may be circumstances which would justify tolling the thirty (30) day period on recognized equitable principles or because of strongly extenuating circumstances, e.g., where the employer has concealed or misled the employee regarding the grounds for discharge or other adverse action; where the employee has within the thirty (30) day period filed a complaint regarding the same general subject with another state or federal agency; or where the discrimination is in the nature of a continuing violation. In the absence of submission of reasonable proof of circumstances justifying the tolling of the thirty (30) day period within ten (10) days of being requested and barring requests for extension of time in which to obtain such proof, the complaint shall be deemed untimely filed and shall not be processed.