11.6 Procedures for Filing Charges of Employment Discrimination
Discrimination charges may be filed by an individual, a person acting on behalf of such an individual, or a DHS officer who has reason to believe that discrimination has occurred. Discrimination charges must be filed with IER within 180 days of the alleged discriminatory act.
Upon receipt of a complete discrimination charge, IER will notify you within 10 days that a charge has been filed against you and start its investigation. If you refuse to cooperate with IER’s investigation, IER can obtain a subpoena to compel you to produce the information and documents requested or to appear for an investigative interview.
If IER has not filed a complaint with an administrative law judge within 120 days of receiving a charge of discrimination, it will notify the charging party (other than a DHS officer) of their right to file a complaint with an administrative law judge within 90 days after receiving the notice.
Additionally, IER may also file a complaint. If a complaint is filed, the administrative law judge will conduct a hearing and issue a decision. IER may also attempt to settle a charge, or the parties may enter into a settlement agreement resolving the charge.
A charge must be filed with the EEOC within 180 days from the date of the alleged violation to protect the charging party’s rights. This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law.