Frequently Asked Questions on Filing a Complaint

Who can file a complaint with OFCCP?

You can file a complaint with OFCCP if you think you have been discriminated against in employment, or in applying for employment, by a company doing business with the Federal Government 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 can also file a complaint if you believe the employer retaliated or otherwise took negative employment action against you because you filed a complaint, opposed acts or practices made unlawful by the laws enforced by OFCCP, or assisted or participated in a compliance evaluation or complaint investigation or if you think a company doing business with the Federal Government violates other OFCCP contractor obligations.

You do not need to know with certainty that the employer is a federal contractor or subcontractor to file a complaint. If OFCCP plans to investigate the matter, it will determine whether the employer is a covered contractor.

What is a pre-complaint inquiry?

A pre-complaint inquiry is a way to share your concerns about employment discrimination with OFCCP so you can determine if filing a complaint with OFCCP is the right choice for you. A pre-complaint inquiry provides basic information on your concerns and your contact information. After you submit your pre-complaint inquiry, OFCCP will review it to determine if we are the right federal agency to handle the matter. We will provide information so you can determine if filing a complaint of employment discrimination with OFCCP is the right choice for you.

OFCCP will not notify the employer when you submit a pre-complaint inquiry.

A pre-complaint inquiry is not the same as filing a complaint. It does not extend the deadline to file your complaint.

How does the OFCCP complaint process work?

The first step in the complaint process is to submit a pre-complaint inquiry. The pre-complaint inquiry form requests basic information on your concerns and your contact information. OFCCP staff will review the inquiry to determine if we are the right federal agency to handle the matter. OFCCP staff may also contact you for clarification or to learn more about your concerns. OFCCP will not notify the employer of the pre-complaint inquiry.

If OFCCP determines it would likely investigate the matter, we will provide you with information on filing a complaint, including information on your retaliation protections under the laws the agency enforces. The decision whether to then move forward and file a complaint with OFCCP is yours.
If OFCCP determines that it would refer the matter to another agency, we will provide you with information on the referral and send a copy of the pre-complaint inquiry to the other agency for review.
If OFCCP determines that the allegations provided in the inquiry are untimely or are not covered by the laws OFCCP enforces, we will contact you to explain why OFCCP would likely not investigate the matter if a complaint were filed and may refer the complaint to another agency. The decision whether to then move forward and file a complaint with OFCCP is yours.

You may also choose to directly file a complaint.

To protect your legal rights, it is best to contact OFCCP promptly. You have limited time to file a complaint.

How do I submit a pre-complaint inquiry or file a complaint?

See the Instructions for Submitting a Pre-Complaint Inquiry and the Instructions for Filing a Complaint for detailed instructions on how to submit a pre-complaint inquiry and file a complaint.

How much time do I have to file a complaint?

• Complaints alleging discrimination based on your race, color, religion, sex, sexual orientation, gender identity, or national origin, must be filed with OFCCP within 180 days of the action(s) taken by the employer that you think was discrimination.

• Complaints alleging discrimination for discussing, disclosing, or inquiring about pay must be filed with OFCCP within 180 days of the action(s) taken by the employer that you think was discrimination.

• Complaints alleging discrimination based on your disability or status as a protected veteran must be filed with OFCCP within 300 days of the action(s) taken by the employer that you think was discrimination.

You can also file a complaint during the timeframes listed above if you believe the employer retaliated or otherwise took negative employment action against you because you filed a complaint, opposed acts or practices made unlawful by the laws enforced by OFCCP, or assisted or participated in a compliance evaluation or complaint investigation or if you think a company doing business with the Federal Government is in violation of other OFCCP contractor obligations.

In some limited instances, you may be able to receive an extension for good cause. Some examples of what might be good cause include, the existence of some extraordinary circumstance that prohibited you from filing before the deadline such as a significant health issue, military deployment, incarceration, or possibly being unaware of the discrimination. These are only a few of the possible examples of good cause. Good cause extensions must be approved by the Director of OFCCP.

Submitting a pre-complaint inquiry form to OFCCP does not extend the period for filing a complaint.

If you have 60 calendar days or fewer in which to file a timely complaint, bypass the pre-complaint inquiry process and file a complaint using our Complaint Filing Page.

Is a pre-complaint inquiry required to file a complaint?

No. You may choose to file a complaint directly.

If you have 60 calendar days or fewer in which to file a timely complaint, do not file a pre-complaint inquiry. Instead, file a complaint using our Complaint Filing Page.

Will my employer know if I talk to OFCCP?

• If you submit a pre-complaint inquiry, OFCCP will not notify the employer. When you submit a pre-complaint inquiry, OFCCP can provide information about your workplace rights and protections and help you determine if we are the right federal agency to handle the matter.

• If you file a complaint, OFCCP is required by law to notify the employer.

Can my employer fire, demote, or treat me less favorably because I submitted a pre-complaint inquiry or filed a complaint?

No. It is illegal for your employer to retaliate against you for submitting a pre-complaint inquiry, filing a complaint, or participating in an investigation. OFCCP's regulations protect you from harassment, intimidation, threats, coercion, or retaliation for asserting your rights.

What can I expect after I file a complaint?

When OFCCP receives your complaint, OFCCP staff will review the information you provided. We will make sure the complaint is complete. We may contact you to clarify something or to get additional information. OFCCP will notify the employer of the complaint. We will also contact you to confirm receipt of the complaint. We will provide you a copy of the notice we sent to the employer.

OFCCP will review the information in your complaint to determine if the matter is something OFCCP will investigate. Once OFCCP has completed its review, we may either close your complaint, refer your complaint to another agency, or keep the complaint for further investigation. We will notify you of our decision.

Complaints that will be investigated by OFCCP are assigned to an OFCCP field office. We will send you a letter with contact information for the OFCCP field office investigating your complaint. The OFCCP field office then conducts the complaint investigation.

What happens if OFCCP finds that my employer discriminated against me?

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 violated any of its laws, 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.

I’m a federal government employee or applicant to a federal government job. Can OFCCP investigate a discrimination complaint against a federal agency?

OFCCP does not investigate discrimination complaints filed by federal government employees or applicants against federal agencies. If you are a federal employee or federal job applicant and you believe that a federal agency has discriminated against you, you have a right to file an EEO complaint with that federal agency. Each agency is required to post information about how to contact the agency's EEO Office. You can contact an EEO Counselor by calling the office responsible for the agency's EEO complaints program. Additional information on the federal sector EEO Complaint Process is available at the U.S. Equal Employment Opportunity Commission’s website.

Can a community organization or individual anonymously contact OFCCP with worker issues or evidence of violations?

An organization or individual has four options for contacting OFCCP concerning a worker issue, complaint, or other information about a potential violation involving a federal contractor and/or subcontractor. These options provide the individual or organization with flexibility in terms of how they continue and whether the affected worker can remain anonymous:

• Pre-Complaint Inquiry: If you believe an employer has discriminated or retaliated against you or someone else, you (or a representative) may submit a pre-complaint inquiry. When you submit a pre-complaint inquiry, OFCCP can provide information about your workplace rights and protections and help you decide if we are the right federal agency to handle the matter. While OFCCP does require the name, address, and telephone number of the individual making the inquiry to allow OFCCP to follow up with the individual and discuss their inquiry, OFCCP will not notify the employer of the pre-complaint inquiry submission. Additionally, submitting an inquiry form to OFCCP does not constitute filing a complaint and OFCCP will not start an investigation based on an inquiry alone. Before initiating an investigation, OFCCP must receive one of the other three forms of outreach described below (complaint, complaint by an authorized representative, or information/evidence without a formal complaint). To learn more about the pre-complaint inquiry process and to submit a pre-complaint inquiry using OFCCP’s online portal, go to our Pre-Complaint Inquiry page. If you wish to remain anonymous or discuss your circumstances in greater detail contact your local OFCCP regional office by phone or email first, before considering whether to submit the pre-complaint inquiry.

• Complaint: If you believe an employer doing business with the federal government has discriminated or retaliated against you, you may choose to bypass the pre-complaint inquiry and instead file a complaint of employment discrimination. For a complaint, OFCCP does require the name, address, and telephone number of the affected worker and OFCCP will notify the employer of the complaint filing. This notification to the employer does include the name of the complainant or authorized representative as well as the details of the allegations. To learn more about the complaint process and file a complaint, go to our Complaint Filing page.

• Complaint filed by an authorized representative: An authorized representative, such as a family member, personal representative, or union representative, may file a complaint on behalf of an individual or a group. With proper documentation, they can also represent the complainant(s) during OFCCP’s investigation. While OFCCP does not require the complaint itself to identify the name of the person(s) being represented, OFCCP does require the representative to separately provide OFCCP with the name, address, and telephone number of the person(s) on whose behalf the complaint is filed, in addition to any other information required by OFCCP’s regulations (such as documentation of protected veteran status). Additionally, OFCCP will notify the employer of the complaint filing. This notification to the employer does include the name of the complainant or authorized representative as well as the details of the allegations. To learn more about the complaint process, go to our Complaint Filing page.

• Information/evidence without a formal complaint: Any individual or organization can submit information or evidence regarding a potential violation of OFCCP’s regulations without being an affected worker, without being a representative of an affected worker, and without filing a complaint or making an inquiry. OFCCP can receive and review information and—when there is sufficient, credible evidence of a potential violation—the agency may conduct a review to decide whether a violation exists under its jurisdiction. OFCCP does not require the name, address, or telephone number of the potentially affected worker, nor of the organization or individual submitting the information or evidence, and OFCCP will not notify the employer that information or evidence has been submitted unless OFCCP opens a review. If the information leads OFCCP to open a review, OFCCP will notify the employer that it is proceeding with a review, identify the nature of the potential violations, and the scope of the review. However, OFCCP will not disclose information that would identify or implicate specific individuals or organizations—such as any names provided to OFCCP or any other specific information that would enable the employer to easily identify individuals, including any identifying characteristics (e.g., description of unique characteristics, unique job title or position). This option ensures OFCCP can receive information anonymously, from any source, and determine whether a potential violation exists. To learn more about this type of review, or if you have information indicating a possible violation of OFCCP’s authorities, contact your local OFCCP regional office.

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

Last updated on July 19, 2024