Federal contractor employers are required to post a slew of posters and notices in their workplaces. Not all of those are required by the OFCCP's regulations, however. This article is not intended to cover all posting requirements. Rather, below we list the posting requirements enforced by the OFCCP.

Note that this is separate from OFCCP's "notice" requirements (subcontractors, vendors, and union representatives). Below are just the posters and notices that must be physically posted in the workplace. Where applicable, we also note if and when the document is required to also be posted online.

Breakroom; Online; maybe in HR Office

The EO clauses in federal contracts and subcontracts require contractors to "post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause."

The notice in question is actually now referred to as the "Know Your Rights" poster, and it is available on the OFCCP's website (external link). The poster will not be provided by any "contracting officer."

It is called the "Know Your Rights" poster because those words are emblazoned across the top in large text (followed by "Workplace Discrimination is Illegal"). The previous version of the poster featured "EEO is the Law" in large red letters, so that's what people called it and what many people still call it today, despite the updates.

This poster must be displayed where it will be "available to employees and applicants," which has traditionally meant the employee breakroom (or other common area used by employees) and the location's "Personnel Office" (Human Resources). Given that fewer employers accept applications in-person these days, the OFCCP generally does not expect to see the poster in the HR area unless walk-ins are still common for the employer under audit. They do expect to see it in the breakroom.

The current poster prints out onto two standard 8 1/2 x 11 sheets of paper, so you don't have to find a print shop and pay extra for a larger print-out. And the OFCCP prefers physical, paper posters to electronic message boards. Message boards are fine, and employers should consider including the poster in their "employee handbooks" as well (typically an intranet page), but the OFCCP is really only interested in whether or not it is displayed in the breakroom.

Sometimes the federal government will issue an "update" to the poster without actually updating the poster. The updated language is provided in a "supplement" that must be displayed next to the "regular" poster until an updated poster is released.

The EEOC also provides their own version of this poster, but federal contractors should post the one from the OFCCP's website. The EEOC does not audit federal contractors, nor care which version of the poster they display. The OFCCP both audits federal contractors and cares very much about which version they display, so display the OFCCP's version.

The OFCCP's disability and veteran regulations addressed the fact that most job-seekers interact with prospective employers online by explicitly stating that if an employer utilizes an "electronic application process," the poster must also appear online, specifically on the employer's "career" page. In an audit, the OFCCP will expect to see a "prominent" (easy to find) link to the poster.

The disability and veteran regulations also suggest that the poster be displayed lower on bulletin boards or walls for easier viewing by people in wheelchairs and such, but that is not an actual requirement (your bulletin boards are "busy" and we're sure everyone would prefer to have the "prime real estate"). If the OFCCP is coming onsite for an audit, however, many contractors will re-arrange their bulletin boards for the visit.

The disability and veteran regulations also require contractors to provide the poster to employees or applicants who request it in an "alternate format." In other words, such a request is considered by the OFCCP to be de facto reasonable and must be provided. The regulations provide examples, such as large-print and Braille versions. Contractors do not have to keep a supply of large-print and/or Braille versions of the poster on hand at each location, though. Braille versions are available from the EEOC, but they are the EEOC version of the poster, they are in limited supply, and take forever to get.

Rather, the PDF you download from the OFCCP's website should do just fine. They provide a version that has been "optimized" for screen-reading software, though the "regular" version does fairly well. And either version can be enlarged for easier reading. The poster can also be read aloud, and employers can record a reading to provide if necessary.

Contractors are also required to send union representatives notice of the employer's EEO/AA obligations, and to post copies of those notices using the same requirements as the "Know Your Rights" poster. However, contractors can use the poster as the notice they send to unions, significantly cutting down the real estate required on the cork board in the breakroom.

Breakroom

Oddly, the OFCCP's regulations implementing Executive Order 11246 do not require contractors to post an equal opportunity policy statement regarding sex or race/ethnicity. The disability and veteran regulations do have an EO policy requirement, though.

As noted in our entry for the Section 503 and VEVRAA EO policy requirement, most employers find it odd to post a nondiscrimination policy for some protected characteristics but not others, so most display a more "robust" EO policy statement covering sex, race/ethnicity, and other characteristics protected by federal and maybe state and local law.

The EO policy statement must be displayed specifically "on company bulletin boards." There is no requirement to post the policy statement online, though it is common to include on the company intranet along with other employee policies.

As noted below, the disability and veteran regulations also require contractors to post notice regarding how applicants and employees can view the disability and veteran AAPs. Although this information is not a required element of the EO policy statement, contractors will often include those instructions to kill two birds with one stone.

Breakroom

Federal contractors that prepare disability and veteran AAPs are required to allow applicants and employees to view the documents upon request. There is no such requirement for the sex and race/ethnicity AAP, though most contractors will make those narratives available as well. Contractors do not have to allow people to make copies or remove the documents from the premesis.

Practice tip: if anyone does request to veiw the AAPs, allow them to do so and then quiety give your legal team a heads-up. People do not tend to read AAPs for fun, and those making the request are more likely considering filing a claim.

The notice simply has to provide instructions for viewing the AAPs. This typically includes contact information for the individual designated to handle these requests, along with the location where and times when the documents can be made available.

Bulletin board space is precious, though, so most contractors simply include this information in the EO policy statement (above).

Breakroom

Ignore the fact that the "Know Your Rights" poster has a pay transparency section already. And ignore the fact that the agency recently updated this poster and had the opportunity to include a more "robust" pay transparency statement. Federal contractors are required to post a separate "pay transparency nondiscrimination" poster provided on the OFCCP's website.

The poster is available in two English versions: formatted; and unformatted. The formatted version is prettier, but includes additional information about how to contact the OFCCP to file a complaint. Contractors are not actually required to provide that information, oddly, so the "unformatted" version is provided with just the required text (though it does more resemble a ransom note).

Breakroom

If the federal contractor is unionized, they are required to send union representatives notice of the contractor's EEO/AA obligations. The easiest way to accomplish this is to simply send them a copy of the "Know Your Rights" poster (above).

An often ignored provision of the OFCCP's regulations state that these union notices have to be displayed along with the "Know Your Rights" poster in employee breakrooms. But if you are using the "Know Your Rights" poster to meet this requirement, that should already be hanging on your wall and you won't have to dedicate more real estate on your bulletin board for this.

Contractors are free to write their own union notice, however, and many do. The OFCCP does not typically inquire about the display of those notices in audits. Rather, they simply demand proof that the notices were sent to the union reps.

Breakroom

If the federal contractor is subject to the National Labor Relations Act, they must also display the NLRA Rights poster available from the NLRB's website. The poster is also available on the OFCCP's website. No one seems to care which version employers use.

The OFCCP actually has authority to enforce the NRLA Rights poster requirement and will expect to see it near the "Know Your Rights" poster in the breakroom.