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.