OFCCP Updates Required EEO Posters

Recently, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), which is responsible for enforcing the nondiscrimination and affirmative action commitments of companies doing business with the Federal Government, updated its website to include the new “Know Your Rights” poster.  This new poster must be displayed where applicants and employees of federal contractors can access it, including employees working offsite.

The new poster informs applicants and employees of federal contractors of their rights protected by the OFCCP, including the types of employment discrimination that are illegal, the types of employment practices that can be challenged as discriminatory, and what they can do if they believe discrimination has occurred.  Applicants and employees must have a way to access the poster, either electronically or physically.

As explained by the OFCCP, the new poster includes the following changes:

  • Notes that harassment is a prohibited form of discrimination.
  • Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity.
  • Explains protections under Executive Order 11246 related to asking about, disclosing, or discussing pay.

Federal contractors must use the new “Know Your Rights” poster instead of the “EEO is the Law” poster and the “EEO is the Law” Supplement, which were released in 2009 and 2015, respectively.  In addition to the new poster, federal contractors are still required to post the “Pay Transparency Nondiscrimination Provision” and include it in employee handbooks and manuals.

Bottom Line

Federal contractors should act diligently to get the “Know Your Rights” poster displayed prominently.  If you have any questions about complying with the OFCCP’s various requirements, please reach out to your trusted Felhaber attorney.