How does the Office of Special Counsel for Immigration Related Unfair Employment Practices investigate complaints?
First, OSC must determine if the claim may have merit. If OSC decides to investigate a complaint, it will notify the employer in writing about the opening of an investigation and it will request in writing information and documentation relating to the complaint. The documents may be subpoenaed if an employer refuses to cooperate. OSC has 120 days to determine if the charge is true and whether to bring a complaint. If it makes this determination, it will issue a Notice of Intent to Fine or, instead, a Warning Notice. It can also send a letter to the complaining party during that 120 day period indicating it will not file a complaint. The charging party may file a complaint directly with the Chief Administrative Hearing Officer within 90 days of getting the notification from OSC that it is not pursuing the case. Employers who wish to contest the fine must file a written request for a hearing before a hearing officer or judge. How many complaints does Office of Special Counsel for Immigra
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- What is the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC)?
