KNOW YOUR RIGHTS

Pregnancy & Childbearing

Discrimination

OFCCP Protects You from Pregnancy 

Discrimination

1. What is pregnancy discrimination?

Pregnancy discrimination generally occurs when

an employer treats an employee or job applicant

unfavorably because of pregnancy, childbirth,

or medical conditions related to pregnancy or

childbirth. This type of discrimination may also

occur when an employer has policies or practices

that exclude women from particular jobs because

they could become pregnant.

2. What are my rights?

The laws enforced by OFCCP make it illegal for

a company doing business with the Federal

Government to discriminate against you in

hiring, firing, pay, benefits, job assignments,

promotions, layoffs, job training, recruitment,

and other personnel activities because of your

pregnancy, childbirth, related medical conditions or

childbearing capacity.

You have certain protections if you become 

pregnant, give birth, or have a medical condition 

related to pregnancy or childbirth. 

• You are allowed to work as long as you are able to

perform your job.

• You are to be treated the same as any other

employee with a similar medical condition if you

become temporarily unable to do your job because

of your pregnancy.

• You are entitled to have your employer hold open

a job for you when you take a pregnancy-related

absence; it must be held open for the same length

of time, and on the same terms, that jobs are held

open for employees on sick or other medical leave.

• You are entitled to the same benefits that other

workers on leave receive.

• You may be entitled to take up to 12 weeks

of unpaid leave per year for medical reasons

(including pregnancy and childbirth) and for

childcare under the Family and 

Medical Leave Act (FMLA). Both 

parents can qualify for FMLA leave. 

Violations of FMLA should be 

reported to the Department of Labor’s 

Wage & Hour Division (http://www.

dol.gov/whd). 

3. Are there specific things that my

employer cannot do if I were to

become pregnant, give birth, or

have a medical condition related

to pregnancy or childbirth?

Yes. These are some examples of what 

your employer cannot do: 

• Deny you a job offer because of your

pregnancy.

• Use your pregnancy as an excuse

to test your ability to work. This

includes making you meet special

conditions, such as having to provide

a doctor’s note to show that you

are ready to return to work if these

conditions are not required of other

employees on medical leave.

• Force you to remain on leave until

your child’s birth if you are absent

because of a pregnancy condition

and then recover.

• Deny you employment because you have young

children, unless your employer has the same

policy for male employees.

• Refuse to cover hospitalization and other medical

expenses related to your pregnancy in the same

way it would cover these expenses for other

medical conditions, if your employer provides

employee health insurance benefits.

• Refuse to grant you, as a pregnant employee

or new parent on leave, the ability to accrue

seniority, vacation, pay increases and temporary

disability benefits in the same way as those who

are on medical or other leave for other reasons.

• Refuses to provide an accommodation for your

pregnancy-related medical need when similar

accommodations are provided for other medical

needs, for example allowing you to sit down or to

eat crackers during your shift.

200 CONSTITUTION AVENUE NW | WASHINGTON, DC 20210 | tel: 1-800-397-6251 | TTY: 1-877-889-5627 | www.dol.gov/ofccp
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. What do I do if I believe my employer 

discriminated against me because of 

pregnancy, childbirth, related medical 

conditions, or childbearing capacity?

You can file a complaint with OFCCP. You do not 

need to know with certainty that your employer is a 

federal contractor or subcontractor in order to file a 

complaint.

6. 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 office; 

or 

• Mailing, e-mailing, or faxing a completed form to 

the OFCCP regional office 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 offices. To find the office 

nearest you, visit the online listing of OFCCP offices 

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. The same 180-day time 

frame applies to complaints alleging discrimination 

for discussing, disclosing, or inquiring about pay.

7. 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. 

8. 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 usually refers individual complaints alleging 

pregnancy discrimination to the EEOC. However, 

OFCCP generally keeps complaints filed against federal 

contractors where there appears to be a pattern of 

discrimination that affects a group of employees or 

applicants. OFCCP also 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. 

9. 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, if OFCCP finds that the federal contractor 

or subcontractor discriminated, 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.

For more information:

the u.s. department of labor

Office 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