Contractors must update EEO poster

Constangy, Brooks, Smith & Prophete, LLP

Constangy, Brooks, Smith & Prophete, LLP

Replacing the “EEO is the Law” poster is not optional.  

As my colleague Robin Shea noted on Employment & Labor Insider, the Equal Employment Opportunity Commission issued a new “Know Your Rights” poster, which updates and replaces the “EEO is the Law” poster.

The EEOC’s equal employment opportunity poster has long been a required poster for federal contractors, and the Office of Federal Contract Compliance Programs did not take long to alert contractors that this new poster is mandatory and must be displayed to applicants and employees.

In an email notification last week, the OFCCP stated as follows:

“Federal contractors must now use the “Know Your Rights” poster instead of the 2009 “EEO is the Law” poster and the 2015 “EEO is the Law” Supplement. Federal contractors are still required to post the Pay Transparency Nondiscrimination Provision and include it in employee handbooks and manuals.

(Emphasis in original).

Thus, contractors can now dispense with the separate OFCCP supplement that has been required for seven years because that information is now contained in the “Know Your Rights” poster. This new poster also contains information regarding pay transparency in a section entitled “Asking About, Disclosing, or Discussing Pay.”

“Executive Order 11246, as amended, protects applicants and employees of Federal contractors from discrimination based on inquiring about, disclosing, or discussing their compensation or the compensation of other applicants or employees.

Despite this statement in the new poster, the OFCCP still requires contractors to post the separate Pay Transparency Nondiscrimination poster, which contains a bit more detail about these workplace protections.

The OFCCP’s email notice directs contractors to its Postings & Notice Requirements Guide, which has not yet been updated to include reference to the “Know Your Rights” poster. We assume all references in the guide to the “EEO is the Law” poster will soon be changed to the “Know Your Rights” poster.

The OFCCP notice did not include a deadline by which contractors should replace the “EEO is the Law” poster with the “Know Your Rights” poster, and presumably the agency will not fault contractors if the transition is not completed immediately. However, we do recommend that measures be taken to update bulletin boards and websites.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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