Individuals or groups may also 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 he or she has engaged in “protected activity.” An individual has engaged in protected activity when he or she has:
- Filed a complaint;
- 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 a CO 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 complaint with allegations of discrimination or may be 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 gender identity and retaliation. If OFCCP retains the underlying discrimination component of the complaint, it would also retain the retaliation portion of the complaint.