6B03 Retaliation, Intimidation, and Interference Allegations

Individuals or groups may also submit pre-complaint inquiries or file complaints alleging retaliation or interference under any of the laws enforced by OFCCP. OFCCP’s anti-retaliation regulations prohibit intimidation, threats, coercion, harassment and discrimination against any individual because they have engaged in “protected activity.” An individual has engaged in protected activity when they have:

• Filed a complaint or pre-complaint inquiry;
• Assisted or participated in any activity related to the administration of any federal, state or local law requiring equal opportunity (e.g., provided information to an Investigator conducting a compliance evaluation);
• Opposed practices made unlawful by equal opportunity laws (whether those practices were aimed at the person filing the complaint or at another person); or
• Exercised any other rights under OFCCP’s laws, or any other federal, state or local law requiring equal opportunity.

Allegations of retaliation may be included in the same pre-complaint inquiry or complaint with allegations of discrimination or may be submitted/filed separately. Retaliation complaints that implicate a Title VII or ADA basis are considered dual filed with EEOC. OFCCP will refer dual filed individual complaints of retaliation to EEOC unless:

• The complainant’s protected activity was related to the complainant’s participation in the administration of an OFCCP law (e.g., participation in an OFCCP compliance evaluation or complaint investigation); or
• The complainant alleges retaliation because of a complaint previously filed and investigated by OFCCP.

This is a specific example of when OFCCP would retain a retaliation complaint that is related to a discrimination complaint: The complainant alleges discrimination based on pay transparency and retaliation. If OFCCP retains the underlying discrimination component of the complaint, it would also retain the retaliation portion of the complaint.