Replaces EEOC is the Law poster; adds section for federal contractors relating to pay discrimination

The Equal Employment Opportunity Commission (EEOC) released a new “Know Your Rights” poster which updates and replaces the previous “EEOC is the Law” poster. Numerous laws that the agency enforces require employers to post a notice describing the federal laws prohibiting discrimination in employment. The poster needs to be displayed in a physical or electronic location visible and accessible to all applicants and employees. The new poster includes a QR code for applicants or employees to link directly to instructions to learn how to file a charge of discrimination with the agency.

The poster summarizes the following laws and explains the rights of applicants and employees if they believe that they have experienced discrimination in the workplace.

• Title VII – prohibits discrimination based on race, color, sex (including pregnancy and related conditions, sexual harassment, orientation, and gender identity), national origin, and religion.
• Age Discrimination in Employment Act (ADEA) – protects individuals 40 years of age and older from discrimination based on age.
• Equal Pay Act (EPA) – protects both men and women and prohibits sex-based wage discrimination for those who perform jobs that require substantially equal skills, effort, and responsibility under similar working conditions.
• Americans with Disabilities Act (ADA) – prohibits discrimination against individuals with disabilities.
• Genetic Information Nondiscrimination Act (GINA) – prohibits discrimination based on genetic information with respect to health insurance and employment.

The new poster also:

• Addresses retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or processing.
• Explains that harassment is a prohibited form of discrimination.
• Clarifies that sex discrimination includes pregnancy and related conditions, sexual orientation, and gender identity.
• Provides information about equal pay discrimination for federal contractors.

At the onset, the poster is only available in English and Spanish but additional languages will be forthcoming.

Penalties can be imposed for failing to comply with EEOC’s posting requirements. The maximum penalty will increase to $612 under a final rule published in the Federal Register on February 23, 2022. The penalty is adjusted annually for inflation.

OutSolve’s Take 

The addition of federal contractor’s legal requirement to pay equity in the revised poster shows the collaboration between the Office of Federal Contract Compliance Programs (OFCCP) and EEOC when it comes to employment discrimination. We are aware of the close ties between the Rehabilitation Act and the Americans with Disabilities Act. With respect to pay, in addition to the Equal Pay
Act and numerous state laws, employers also have OFCCP’s commitment to equal pay and compensation discrimination. OFCCP Directive 2022-01, “Advancing Pay Equity Through Compensation Analysis,” provides guidance on how the agency will evaluate federal contractor’s compliance with their compensation analysis obligations.  

Equal employment opportunity is enforced by both EEOC and OFCCP. Both agencies, and the Biden Administration, have also clearly stated their commitment to advancing pay equity.

OutSolve is prepared to assist contractors in meeting their requirements with pay equity analysis. Annual reporting tailored to the new directive will be available that provides a statistical analysis of pay equity along with providing key visibility to pay gaps within the organization.  For further information about federal contractor pay equity analysis obligations, please contact info@outsolve.com or by calling 888-414-2410.