To the Printers! Federal Contractors are required to post new “Know your Rights” Posters

Posted on November 10, 2022

On October 19, 2022, the Equal Employment Opportunity Commission (“EEOC”) updated its “Know Your Rights” poster. On October 28, 2022, the Office of Federal Contractor Compliance (“OFCCP”) notified federal government contractors that they must now use the 2022 “Know Your Rights” poster instead of the 2009 “EEO is the Law” poster and the 2015 “EEO is the Law” poster supplement.

According to the OFCCP, the “Know Your Rights” poster “summarizes the federal laws prohibiting job discrimination and explains how employees or applicants can file a complaint if they believe they have experienced discrimination.” The new poster includes four main 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; and
  • Eliminates the need for federal contractors to post the 2015 “EEO is the Law” Supplement.

The OFCCP requires federal contractors to post the “Know Your Rights” poster along with the existing the “Pay Transparency Nondiscrimination Provision” poster in a prominent place where applicants and employees can easily see them. Contractors should also know that posters must be accessible to employees working offsite. The OFCCP recommends posting posters electronically and physically, including on the “contractor’s intranet, employee breakroom, or in an online application portable.” Contractors can access the posters in different formats and languages on the OFCCP website.

We advise contractors to keep up to date with federal posting requirements to remain compliant with federal employment and contracting laws. Contractors should also ensure that they are complying with any additional posting requirements from the Department of Labor (“DOL”). The federal laws and requirements vary depending on the size of your business, whether you are a prime or subcontractor, and the type and size of the federal contract.

If you have any questions about complying with the EEO, OFCCP, or DOL requirements for employee notices, don’t hesitate to contact us.