OFCCP Protects You from
Discrimination at Work
1. What is employment discrimination?
Employment discrimination generally exists where
an employer treats an applicant or employee less
favorably merely because of a person’s race, color,
religion, sex, sexual orientation, gender identity,
national origin, disability or status as a protected
veteran. It may also occur if an employer disciplines,
terminates, or takes unfavorable actions against an
employee or job applicant for discussing, disclosing
or asking about pay. Employment discrimination
can be against a single person or a group.
2. What are my rights?
You have the right to work in an environment free of
discrimination. You cannot be denied employment,
harassed, demoted, terminated, paid less, or treated
less favorably because of your race, color, religion,
sex, sexual orientation, gender identity, national
origin, disability, or status as a protected veteran.
You also have the right to discuss, disclose or
inquire about your pay, the pay of your co-workers,
and the pay or oered to job applicants.
3. Does OFCCP enforce employment
discrimination laws?
Yes. OFCCP enforces Executive Order 11246,
Section 503 of the Rehabilitation Act, and the
Vietnam Era Veterans’ Readjustment Assistance
Act. Collectively, these laws make it illegal for
companies doing business with the Federal
Government to discriminate against employees
and applicants based on the protected bases listed
above. Discrimination based on an employee or job
applicant asking about, discussing, or disclosing
their pay is also prohibited.
4. Who does OFCCP protect?
OFCCP protects the rights of employees and job
applicants of companies doing business with the
Federal Government. This includes employees
at banks, information technology firms, meat
packing plants, retail stores, manufacturing plants,
accounting firms, and construction companies,
among others.
5. How do I know if I am being
discriminated against?
Discrimination may take many forms and
it does not have to be intentional to be
illegal. Generally, there are two types of
discrimination that the law prohibits:
Disparate treatment occurs when an
employer treats an applicant or employee
less favorably than others who are similarly
situated, and the dierent treatment is
because of the person’s race, color, religion,
sex, sexual orientation, gender identity,
national origin, disability, or status as a
protected veteran.
Disparate impact occurs when an employer
has policies or practices that appear fair and
are fairly applied but have a negative impact
on members of a particular sex, race or ethnic
group, individuals with disabilities, or other
protected groups.
6. What are some examples of illegal
employment discrimination?
Some examples of employment discrimination
may include:
• Assigning all Hispanic employees to a particular
work area;
• Paying women less than men for the same work;
• Teasing employees who speak with an accent that
goes beyond occasional or a single incident;
• Promoting only certain employees based on their
sex or race;
• Requiring tests, like math tests or lifting
requirements, that are not related to doing the job
but that screen out applicants of particular groups;
• Denying paid sick leave to female employees
recovering from childbirth but allowing paid sick
leave for employees recovering from knee surgery;
and
• Firing an employee for discussing her pay with a
co-worker.
Workplace Rights
KNOW YOUR RIGHTS
200 CONSTITUTION AVENUE NW | WASHINGTON, DC 20210 | tel: 1-800-397-6251 | TTY: 1-877-889-5627 | www.dol.gov/ofccp
7. What can I do if I believe my employer
discriminated against me?
You can file a complaint with OFCCP if you think you
have been discriminated against in employment, or
in applying for employment, because of your race,
color, religion, sex, sexual orientation, gender identity,
national origin, disability, status as a protected veteran,
or for asking about, discussing, or disclosing your
compensation or that of others. You do not need to
know with certainty that your employer is a federal
contractor or subcontractor in order to file a complaint.
8. How do I file a complaint with OFCCP?
You may file a discrimination complaint by:
• Completing and submitting a form online through
OFCCP’s Web site;
• Completing a form in person at an OFCCP oce; or
• Mailing, e-mailing or faxing a completed form to the
OFCCP regional oce that covers the location where
the alleged discrimination occurred.
The form is available online at http://www.dol.gov/
ofccp/regs/compliance/pdf/pdfstart.htm and in
paper format at all OFCCP oces. To find the oce
nearest you, visit the online listing of OFCCP oces at
http://www.dol.gov/ofccp/contacts/ofnation2.htm.
You must remember to sign your completed complaint
form. If you fail to do so, OFCCP will still take your
complaint but an OFCCP investigator will ask you
to sign the form during a follow-up interview.
Complaints alleging discrimination based on race,
color, religion, sex, sexual orientation, gender identity,
or national origin must be filed within 180 days from
the date of the alleged discrimination, unless the time
for filing is extended for good cause shown. The same
180-day time frame applies to complaints alleging
discrimination for discussing, disclosing, or inquiring
about pay. Complaints alleging discrimination based
on protected veteran status or disability must be
filed within 300 days from the date of the alleged
discrimination, unless the time for filing is extended
for good cause.
9. Can my employer fire, demote, or treat me less
favorably because I filed a complaint?
No. It is illegal for your employer to retaliate against you
for filing a complaint or participating in an investigation.
OFCCP’s regulations protect you from harassment,
intimidation, threats, coercion, or retaliation for asserting
your rights.
10. Can I file a complaint with both OFCCP and the
Equal Employment Opportunity Commission
(EEOC)?
Yes, if you file with both OFCCP and EEOC, your complaint
will be investigated by the appropriate agency. In some
instances, OFCCP and EEOC may decide to work together
to investigate your complaint.
OFCCP generally keeps complaints filed against federal
contractors where there appears to be a pattern of
discrimination that aects a group of employees or
applicants. OFCCP generally keeps complaints filed
against federal contractors that allege discrimination
based on a person’s sexual orientation or gender identity,
disability, or protected veteran status. Generally, OFCCP
keeps complaints filed against federal contractors that
allege discrimination based on someone asking about,
discussing, or disclosing pay.
11. What will happen if there is a finding that I was
a victim of employment discrimination?
You may be entitled to a remedy that places you in the
position you would have been in if the discrimination
had never happened. You may be entitled to be hired,
promoted, reinstated, or reassigned. You may also be
entitled to receive back pay, front pay, a pay raise or some
combination of these remedies. In addition, OFCCP could
seek to have the company debarred or removed from
consideration for future federal contracts or have the
company’s current contracts or contract modifications
cancelled, if OFCCP finds that the federal contractor or
subcontractor violated any of its laws.
For more information:
..
Oce of Federal Contract Compliance Programs
200 Constitution Avenue, NW
Washington, D.C. 20210
1-800-397-6251
TTY: 1-877-889-5627
www.dol.gov/ofccp
Please note that this fact sheet provides general information. It is not
intended to substitute for the actual law and regulations regarding the program
described herein.
Revised September 2016
200 CONSTITUTION AVENUE NW | WASHINGTON, DC 20210 | tel: 1-800-397-6251 | TTY: 1-877-889-5627 | www.dol.gov/ofccp
