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 offered 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 different 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 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 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 affects 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:

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