OFCCP Updates Required EEO Posters for Federal Contractors

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By: William F. Bresee, Esq.

The Office of Federal Contract Compliance Programs (OFCCP) has issued a new “Know Your Rights” poster to replace the existing 2009 “EEO is the Law” poster and the 2015 “EEO is the Law” Supplement. The new poster summarizes Federal laws prohibiting job discrimination and explains how employees or applicants can file a complaint if they believe they have experienced discrimination; the poster including a QR code to facilitate such a filing. All Federal contractors, including construction contractors, are required to post the poster in a conspicuous location.

The poster is currently available in English and Spanish and will be available in additional languages later.

The new “Know Your Rights” poster includes these 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.

The new poster should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. Covered employers are also encouraged to post a notice on their websites in a conspicuous location. In most cases, electronic postings supplement the physical posting requirement, however, in some situations, it may be the only posting (for example, where covered employers do not have a physical location or for employees who telework or work remotely and do not visit the employer’s workplace on a regular basis). Covered employers are subject to fines for noncompliance with the posting requirement.

Links to the new “Know Your Rights” posters are:

Federal contractors are also still required to post the “Pay Transparency Nondiscrimination Provision” and include it in employee handbooks and manuals. Federal contractors are required to post the Pay Transparency Nondiscrimination Provision somewhere that it is conspicuously available to all applicants and employees. As with the “Know Your Rights” poster, contractors can post this provision either physically on the premises or electronically.

To aid Federal contractors in maintaining compliance, OFCCP has created a Guide for all required posters and other notices, including the “Know Your Rights” requirement and the Pay Transparency Nondiscrimination Provision.

For further analysis of how this change in OFCCP requirements will affect your interests, or if you have any questions on this article, please contact William F. Bresee.

William F. Bresee is a partner at Leech Tishman where he is a member of the Corporate Practice Group and is West Coast Co-Chair of the firm’s Construction Practice Group. He also leads the Energy & Natural Resources Industry Group and is based in the firm’s Los Angeles Office. Bill can be reached at 626.796.4000 or 412.261.1600 or by email at wbresee@leechtishman.com. Please feel free to contact Bill with any questions you may have on this and other design and construction matters.

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