Injured parties file discrimination charges directly with OSC's Washington, D.C. office within 180 days of the alleged act of discrimination. OSC may investigate charges for up to 210 days after receipt of the charge. During the final 90-day period, OSC and/or the injured party may file an administrative complaint against the employer.
Complaints are tried before an Administrative Law Judge (ALJ) who is specially trained to hear immigration-related employment discrimination cases. Pre-trial matters are generally handled in accordance with rules of civil procedure, and involve discovery, depositions and pleadings. ALJ decisions are directly appealable to the federal circuit courts of appeals. Settlements or successful adjudications may result in civil penalty assessments, back pay awards, hiring orders and the imposition of injunctive relief to end discriminatory practices.
OSC also initiates independent investigations based on information developed during individual charge investigations, or leads provided by other government agencies and the general public. Independent investigations normally involve alleged discriminatory policies that potentially affect many employees or applicants. These investigations may result in complaints alleging a pattern or practice of discriminatory activity.
Worker Hotline: 1-800-255-7688 • Employer