IER v. EEOC Comparison Flyer

U.S. DEPARTMENT OF JUSTICE
CIVIL RIGHTS DIVISION
IMMIGRANT 	EMPLOYEE RIGHTS SECTION	&
U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section, Rev. March 2024
1More information on counting the number of employees for determining employer coverage under EEOC-enforced laws is available on
EEOC’s website at http://www.eeoc.gov/employers/count.cfm.
EMPLOYMENT DISCRIMINATION JURISDICTION
A COMPARISON BETWEEN THE IMMIGRANT AND EMPLOYEE RIGHTS SECTION
(IER) AND THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)
\EEOC 	IER
TYPES OF DISCRIMINATION
WITHIN THE AGENCY’S
JURISDICTION
Race, color, religion, national origin, sex,
disability, age (40 and over),
genetic information, and retaliation
National origin, citizenship status,
unfair documentary practices, and
retaliation
NECESSARY EMPLOYER SIZE
Number of employees that
work at the company overall
For Title VII (race, color, religion, national
origin, sex), genetic information (GINA),
and disability (ADA) claims: 15+ employees
For age (ADEA) claims against States or
their political subdivisions and EPA claims:
1+ employees
For ADEA claims against private employers:
20+ employees
There are rules for how the number of
employees is calculated.1
For national origin claims:
4-14 employees
For citizenship status claims:
4+ employees
For unfair documentary practices and
retaliation claims: 1+ employees
PROTECTED PERSONS
Those who can sue or obtain
relief because of
discrimination
Applicants, former employees, and current
employees, regardless of authorization to
work in the United States
Applicants, former employees, and
current employees with legal
authorization to work in the United
States
(Except that citizenship status discrimination
covers only U.S. citizens, U.S. nationals, recent
lawful permanent residents, and people
granted asylum or refugee status)
PROHIBITED ACTS
Discrimination in any aspect of
employment, including hiring, firing, pay,
recruitment/referral, promotions,
discipline, work assignments, and any other
term or condition of employment;
harassment; and retaliation
Discrimination in hiring, firing;
recruitment/referral for a fee;
employment eligibility verification,
such as the Form I-9 and E-Verify
processes; and retaliation
AVAILABLE RELIEF
Depending on the claims and
circumstances
Back pay, front pay, reinstatement,
compensatory damages, punitive damages,
injunctive relief, and attorney’s fees
Back pay, front pay, reinstatement, civil
penalties, injunctive relief, and, in
limited circumstances, attorney’s fees

U.S. Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section, Rev. March 2024
\EEOC 	IER
CHARGE-FILING DEADLINE
Number of days to file a
charge after discrimination
occurs
180 days in non-deferral states2
300 days in deferral states
For EPA claims: 2 years to go to the EEOC
or directly to the court (without filing a
charge)
180 days in all states
HOW TO FILE A CHARGE
WITH THE AGENCY
Call the EEOC’s toll-free number, use the
EEOC’s online portal to initiate the charge
process, or file a charge with your state fair
employment agency.
To submit an online inquiry and schedule
an interview, visit the portal at
https://publicportal.eeoc.gov. A charge of
discrimination can then be completed
through this online portal. To submit, a
pre-charge inquiry online in Spanish, visit
www.eeoc.gov/es/initial-consultation.
Online, mail, email, or fax a completed
charge form
The charge form is available in several
languages at
www.justice.gov/crt/filing-charge and
can be submitted electronically through
the online portal.
AGENCY CONTACT
INFORMATION
1-800-669-4000
1-800-669-6820 (TTY)
www.eeoc.gov
1-800-255-7688
1-800-237-2515 (TTY)
www.justice.gov/ier
IER enforces the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. § 1324b. The
regulations for this law are found at 28 C.F.R. Part 44. For more information on IER and the law it enforces, visit
www.justice.gov/ier.
The EEOC enforces several federal laws prohibiting employment discrimination. Title VII of the Civil Rights Act of
1964, 42 U.S.C. § 2000e, prohibits discrimination based on race, color, religion, sex, or national origin. The Equal Pay
Act (EPA), 29 U.S.C. § 206(d), prohibits pay discrimination based on sex. The Americans with Disabilities Act (ADA),
42 U.S.C. § 12101, prohibits disability discrimination. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. §
621, prohibits discrimination against individuals 40 or older. The Genetic Information Nondiscrimination Act (GINA),
42 U.S.C. § 2000ff, prohibits discrimination because of genetic information. The regulations for the equal employment
opportunity laws enforced by the EEOC are at 29 C.F.R. Chapter XIV, including the regulations discussing EEOC proce-
dures at 29 C.F.R. § 1601 (Title VII, ADA, & GINA procedures), 29 C.F.R. § 1621 (EPA procedures), and 29 C.F.R. § 1626
(ADEA procedures). For more information on the EEOC and the laws it enforces, visit www.eeoc.gov/laws/.
2 42 U.S.C. § 2000e-5; 29 C.F.R. § 1061.13. For more information on deferral, visit www.eeoc.gov/employees/timeliness.cfs.