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Book outline for Handbook for Employers M-274
  • Handbook for Employers M-274
    • 1.0 Why Employers Must Verify Employment Authorization and Identity of New Employees
    • 2.0 Who Must Complete Form I-9
    • 3.0 Completing Section 1 of Form I-9
    • 4.0 Completing Section 2 of Form I-9
    • 5.0 Completing Section 3 of Form I-9
    • 6.0 Evidence of Status for Certain Categories
    • 7.0 Rules for Continuing Employment and Other Special Rules
    • 8.0 Correcting Errors or Missing Information on Form I-9
    • 9.0 Retaining Form I-9
    • 10.0 Unlawful Discrimination and Penalties for Prohibited Practices
      • 10.1 Unlawful Discrimination
      • 10.2 Types of Employment Discrimination Prohibited Under the INA
      • 10.3 Types of Discrimination Prohibited by Title VII and Other Federal Anti-Discrimination Laws
      • 10.4 Avoiding Discrimination in Recruiting, Hiring, and the Form I-9 Process
      • 10.5 Procedures for Filing Charges of Employment Discrimination
      • 10.6 Penalties for Unlawful Discrimination
      • 10.7 Additional Information
      • 10.8 Penalties for Prohibited Practices
    • 11.0 Instructions for Agricultural Recruiters and Referrers for a Fee
    • 12.0 Acceptable Documents for Verifying Employment Authorization and Identity
    • 13.0 Some Questions You May Have About Form I-9
    • Summary of Changes
    • Table of Contents
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  2. Handbook for Employers M-274

10.5 Procedures for Filing Charges of Employment Discrimination

Immigrant and Employee Rights Section (IER)

An individual, a person acting on behalf of an individual, or a DHS officer who has reason to believe that discrimination has occurred may file discrimination charges with IER within 180 days of the alleged discriminatory act.

IER will send a letter within 10 days to notify you, as the employer, that someone has filed a charge and will start its investigation. If you refuse to cooperate with the investigation, IER can obtain a subpoena to compel you to produce the requested information and documents or to appear for an investigative interview or deposition.

U.S. Equal Employment Opportunity Commission (EEOC)

An applicant, employee, or former employee, or any individual, organization, or agency filing on behalf of such individual, who believes that unlawful employment discrimination based on race, color, national origin, religion, sex (including pregnancy, sexual orientation, or gender identity), age (40 or over), disability, genetic information, or retaliation has occurred may file a charge with the EEOC. In general, a charge must be filed with the EEOC within 180 calendar days from the date of the alleged discrimination. For race, color, national origin, religion, sex, disability, or genetic information charges, this 180-day filing deadline is extended to 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. For age discrimination charges, the 180-day filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law.

The EEOC will notify you, as the employer, within 10 days that someone has filed a charge. A charge does not constitute a finding that you engaged in unlawful discrimination. The EEOC has authority to investigate whether there is reasonable cause to believe unlawful discrimination occurred.

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Last Reviewed/Updated: 02/23/2023
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