200 CONSTITUTION AVENUE NW | WASHINGTON, DC 20210 | tel: 1-800-397-6251 | TTY: 1-877-889-5627 | www.dol.gov/ofccp

KNOW YOUR RIGHTS

Disability Rights

OFCCP Protects Individuals with 

Disabilities from Discrimination

1. What is employment discrimination based

on a person’s disability?

Employment discrimination based on a person’s

disability generally occurs when an employer treats

a qualified job applicant or employee unfavorably

in any aspect of employment because the individual

has or once had a disability, or is regarded as having

a disability. Employment discrimination based

on a person’s disability may also occur when an

employer’s apparently fair policies or procedures

have an unintentional discriminatory effect on

individuals with disabilities.

2. What are my rights?

You cannot be denied employment, harassed,

demoted, fired, paid less, or treated poorly because

you have a disability, or have a history of a disability,

or because your employer regards you as having a

mental or physical impairment that is permanent.

If you are an employee with a disability you can 

request, and the employer must provide, “reasonable 

accommodation” to allow you to perform your job. 

Reasonable accommodation must be provided to you 

by your employer unless doing so would cause the 

employer significant difficulty or expense. 

Similarly, if you are a job applicant with a disability, the 

employer must provide reasonable accommodation 

during the application process to allow you to apply 

and be considered for the job. Again, reasonable 

accommodation must be provided unless it would be 

too difficult or too expensive to do so.

3. Does OFCCP enforce anti-discrimination

laws based on disability?

Yes. OFCCP enforces Section 503 of the

Rehabilitation Act. This law makes it illegal for

employers doing business with the 

Federal Government to discriminate 

against job applicants and employees 

based on disability. This means that 

these employers cannot discriminate 

against you when making decisions 

on hiring, firing, pay, benefits, job 

assignments, promotions, layoffs, 

training, and other employment related 

activities. 

4. Who does OFCCP protect?

OF CCP protects the rights of job

applicants and employees of

Federal Government contractors

and subcontractors. This includes

employees at banks, information

technology firms, meat packing plants,

retail stores, manufacturing plants,

accounting firms, and construction

companies, among others.

Definition of Disability 

5. What is the definition of

“disability”?

You may be considered an individual

with a disability if you have:

• a physical or mental impairment

that substantially limits one

or more of your major life

activities; or

• a record of such impairment.

You may also be considered an individual with 

a disability if you are “regarded” as having a 

physical or mental impairment that substantially 

limits one or more of your life activities, or 

“regarded” as having a record or history of 

such impairment even if you do not have an 

impairment. 

Filing a Complaint

17. What can I do if I believe my employer

discriminated against me because of my

disability?

 You can file a complaint with OFCCP. You do not

18. 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; or

• 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 https://www.dol.gov/

ofccp/regs/compliance/pdf/pdfstart.htm and in 

paper format at all OFCCP offices. To find the office 

nearest to where you live, visit the online listing of 

OFCCP offices at: 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 disability 

must be filed within 300 days from the date of the 

alleged discrimination, unless the time for filing is 

extended for good cause.

19. 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

20. Can I file a complaint with 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 that allege discrimination based 

on disability. 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, and those that 

allege discrimination based on a person’s sexual 

orientation, gender identity, or protected veteran 

status. Generally, OFCCP keeps complaints filed 

against federal contractors that allege discrimination 

based on someone asking about, discussing, or 

disclosing pay.

21. 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

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
6. What are some examples of a disability?

The physical impairments listed below are usually

considered to be a disability:

Diabetes Cancer

Epilepsy HIV infection

Blindness

Mental impairments that are usually considered 

disabilities include, but are not limited to, 

impairments such as:

Major depressive disorder

Bipolar disorder

Schizophrenia

Post-Traumatic Stress Disorder

Obsessive Compulsive Disorder

7. What does “substantially limits” means?

“Substantially limiting” means that to a large

8. What is a “major life activity”?

This is a partial list of major life activities:

Seeing Eating 

Walking Lifting 

Speaking Learning 

Concentrating Communicating

Self Care Sleeping 

Standing Bending 

Breathing Reading 

Thinking Performing Manual Tasks

In addition, major life activities include the

operation of major bodily functions, including

functions of the:

Immune System

Special Sense Organs and Skin

Normal Cell Growth

Digestive System

Genitourinary

Bowel

Bladder

Neurological System 

Brain

Respiratory System

Circulatory System 

Cardiovascular System

Endocrine System 

Hemic System

Lymphatic System 

Musculoskeletal System

Reproductive System

9. Can I still be considered disabled if my

impairment is episodic or in remission?

Yes. An impairment that is episodic or sporadic,

or is in remission is considered a disability if it

substantially limits a major life activity when active.

Applying for a Job

10. Do I need to disclose my disability when

applying for a job in order to be protected?

No. You are protected from discrimination whether

or not you share this information. However, to

receive a reasonable accommodation, you must

inform your prospective employer of your need for

an accommodation. The employer may need certain

information regarding your disability to provide you

an accommodation.

11. Can my employer require me to take a

medical examination?

If you are applying for a job, the employer may

not ask you to answer medical questions or take a

medical exam before a job offer. An employer may

ask whether you can perform the job and how you

would perform the job, with or without a reasonable

accommodation.

After you are offered the job, the job offer may be

made with certain conditions, such as:

• passing a medical exam, or

• answering certain medical questions.

All new employees in the same type of job must 

answer the same questions or take the same exam, 

not just employees with a disability. 

Generally, once you are hired and begin work, an 

employer can only ask medical questions or require 

a medical exam if:

• the employer needs medical documentation to

support your request for an accommodation, or

• the employer believes that you are not able to

perform the job successfully or safely because

of your medical condition.

12. How does my employer handle my

medical information?

The law requires that all medical records and

information remain confidential and in separate

medical files from other employment files.

Seeking Reasonable Accommodation 

13. What is “reasonable accommodation”?

“Reasonable accommodation” is an adjustment

or modification made to a job or the workplace

or the usual manner or circumstances of

performing the job that allows an applicant or

employee with a disability to successfully apply

for the job, perform the duties of the job, or

enjoy the benefits and privileges of employment.

A reasonable accommodation does not change

essential job functions.

 Your “reasonable accommodation” may 

be different from those provided to other 

employees or job applicants. This is because 

the accommodation depends upon the nature 

of the disability and the type of job. The 

accommodation, no matter what it is, may not 

be unduly costly or disruptive for your employer. 

Your employer can choose the type of reasonable 

accommodation that will be made available; 

however, the accommodation must be effective. 

For instance, your employer may choose to 

provide a ramp instead of an elevator to address 

accessibility issues.

14. What are some examples of “reasonable

accommodation” that can be provided

during the hiring process and later to

assist in performing the job?

Reasonable accommodation can take many

forms. Some common accommodations are listed

below.

• Providing written materials in accessible

formats, such as large print, Braille, or

audiotape.

• A djusting or modifying work schedules.

• Providing readers or sign language interpreters.

• Holding recruitment, interviews, tests, and other

parts of the application process in accessible

locations.

• Holding staff meetings in accessible locations.

• Providing or modifying equipment and devices.

• A djusting or modifying policies and procedures.

• Changing the work environment in ways that

improve accessibility.

15. How do I request reasonable

accommodation?

There is no special process for you, either as

an employee or job applicant, to request an

accommodation. You do not have to use special

words or the words “reasonable accommodation”

when making your request, nor do you have to put

your request in writing. You should simply tell your

employer that you need an adjustment or change at

work due to a disability. You should be prepared to

provide your employer with enough information to

show that you have a disability.

 If you need an accommodation in the application 

process, you must inform the employer that you 

need a change or adjustment to the application or 

interview process because of your disability. You can 

make this request orally or in writing, or someone 

else might make a request for you. For example, a 

family member, friend, health professional, or other 

representative such as a job coach. After the request 

is made, the employer may ask that you complete 

certain forms, or follow other procedures. Any 

procedures you are asked to follow cannot be used to 

prevent a timely accommodation from being provided 

or addressed.

 It is important to note that you are not required to 

provide your entire medical or mental health history 

to obtain an accommodation. You only need to 

provide the pertinent information needed to make 

an accommodation. 

16. Can my employer lower my salary or pay

me less than other employees doing the

same job because I need a reasonable

accommodation?

No. Your employer cannot make you pay for the

cost of providing a reasonable accommodation by

lowering your salary or paying you less than other

employees in the same position.