Because both EEOC (Equal Employment Opportunity Commission) and OSC (Office of Special Counsel for Immigration Related Unfair Employment Practices) deal with employment discrimination against immigrants, immigrants who face discrimination need to decide which agency to file charges with. There is a reciprical filing agreement between the two agencies, so that when one agency believes the other is more appropriate for a specific problem, they to do referrals to the other agency when appropriate. However, workers may not file charges with both agencies for the same offense. To decide which agency to file with, consider the following:
OSC is able to assist workers who work for companies with four or more employees. With National Origin Discrimination the OSC only investigates charges against employers with 4 to 14 employees.
EEOC is able to assist workers whose employers have 15 or more employees.
Cases where the employer makes reference to the worker's status or documentation when firing or refusing to hire them, should be referred to OSC.
Cases where an employer, with 15 or more employees, makes reference to the worker's language, accent, dress, religion, or race should be referred to EEOC.
OSC can deal with discrimination that has happened within the past 180 days.
In Pennsylvania, EEOC can deal with discrimination that has happened within the past 300 days.
Financial costs for employers who are found guilty of charges by OSC can include lost wages, attorney's fees, and civil fines of $250 and $2,000 (for a first offense).
Financial costs for employers who are found guilty of charges by EEOC can include lost wages, attorney's fees, punitive damages, and mental anguish and inconvenience. These can add up to significantly more than the costs of OSC penalties.
Private attorneys can also be hired for discrimination charges, but they are not necessary, and it is required that charges first be filed with EEOC or OSC, and a "right to sue" letter be obtained.
