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 you a letter within 10 days notifying you that someone has filed a charge against you and 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)

The charging party must file a charge must 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.