FILING UNFAIR IMMIGRATION-RELATED
EMPLOYMENT PRACTICE COMPLAINTS
Prior to filing a complaint with the Office of the Chief Administrative Hearing Officer, you must first file a charge with the Office of Special Counsel (OSC)
Guidance in filing a complaint alleging an unfair immigration-related employment practice. (You must complete a complaint/questionnaire if you wish to file a complaint with this office.):
If you decide to file a complaint with this office, please include an original and four copies of the complaint/questionnaire as well as five copies of the following:
1. The charge that you filed with the OSC;
2. The letter you received from the OSC notifying you that you have 90 days to file a complaint.
According to the Office of the Chief Administrative Hearing Officer's rules of practice and procedure for proceedings before an Administrative Law Judge (ALJ):
"All documents presented by a party in a proceeding must be in the English language or, if in a foreign language, accompanied by a certified translation." (See 28 C.F.R. § 68.7(e).)
Except for the complaint/questionnaire, the charge and the letter of determination, please do not, at this time, send any other documentation or information pertaining to your case. If necessary, additional documents and information may be presented to and accepted by the ALJ who will be assigned to this proceeding.
Please remember that if you wish to file a complaint with this office, it is very important that you file the complaint within 90 days from the date you received the letter of determination from the OSC.
Please be advised that under the law, in any complaint alleging an unfair immigration-related employment practice, an ALJ may allow a prevailing party, other than the United States, a reasonable attorney's fee, if the losing party's argument is without reasonable foundation in law and fact. Please be advised that neither the Department of Justice nor this office will provide you with legal representation in this proceeding.
Click here to download a blank complaint form/questionnaire.
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