If you aren't sure whether you are covered, you should contact one of our field offices as soon as possible so we can make that decision. Figuring out whether or not a person is an employee of an organization (as opposed to a contractor, for example) is complicated. People who are not employed by the employer, such as independent contractors, are not covered by the anti-discrimination laws. That means protection under the anti-discrimination laws travels with the employee, so long as the employee is a U.S. companies overseas enjoy the same broad protections as workers in the U.S. Employers with 4 or more employees (and recruiters and referrers for a fee) are also prohibited from discriminating on the basis of citizenship status discriminating in the employment eligibility verification process and retaliating under IRCA.ĭiscrimination charges under IRCA are processed by the Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices:Īmerican workers employed by U.S. The Immigration Reform and Control Act of 1986 (IRCA) prohibits discrimination on the basis of national origin by smaller employers (with 4 to 14 employees). If your complaint involves discrimination because of your age or disability, you must meet other requirements in order to be covered. An applicant or participant in a training or apprenticeship program.If an employer has the required number of employees, you are protected by the anti-discrimination laws if you are: How do you count the number of employees an employer has?.Labor unions or Join Apprenticeship Committees.Read about the coverage requirements for: You should contact us immediately if you believe your employer is discriminating against you. You have 300 days if your complaint is also covered by a state or local anti-discrimination law. In some cases, you only have 180 days to report discrimination to EEOC. This number varies depending on the type of employer (for example, whether the employer is a private company, a state or local government agency, a federal agency, an employment agency, or a labor union) and the kind of discrimination alleged (for example, discrimination based on a person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information). There are strict time limits for filing a job discrimination complaint with the EEOC. An employer must have a certain number of employees to be covered by the laws we enforce.
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