Know Your Rights poster replaces the EEO is the Law and EEO is the Law Supplement poster

In a response to an Office of Federal Contracts Compliance Programs (OFCCP) help desk inquiry submitted by Mary Bruce, OutSolve Senior Consultant, OFCCP confirmed that federal contractors must now use the recently updated “Know Your Rights” poster published by the Equal Employment Opportunity Commission (EEOC).

According to the OFCCP, “Federal contractors will now use the “Know Your Rights” poster to replace the 2009 EEO is the Law poster and the 2015 EEO is the Law Supplement. Every employer covered by nondiscrimination and EEO laws is required to post the “Know Your Rights” poster where employees and applicants can easily access them.  Federal contractors are still required to post the Pay Transparency Nondiscrimination Provision and include it in employee handbooks and manuals.”

As OutSolve previously reported, the new poster includes pay transparency language and clarifies that sex discrimination includes discrimination based on pregnancy and related conditions; sexual orientation, or gender identity. 

To assist employers, the EEOC has developed the following FAQs:

Q: What do employers need to post by?
A: The laws that require covered employers to post the “Know Your Rights” poster don’t provide a specific deadline for replacing the “EEO is the Law” poster with the updated “Know Your Rights” poster. Employers should remove the old poster and display the new one within a reasonable amount of time.

Q: Does this version replace the prior poster and the supplement?
A: Yes.

Q: I printed the updated poster on October 19, 2022. Do I need to print it again?
A: Yes. The new version of the “Know Your Rights: Workplace Discrimination is Illegal” poster has replaced and supersedes a version uploaded on 10/19. Please use the version marked “(Revised 10/20/2022)” going forward.

Q: Can I request a printed copy from the EEOC?
A: No. The EEOC does not provide printed copies of the poster. Employers should download and print the two-page PDF.

Q: Are federal agencies required to display the poster?
A: Yes, federal agencies are subject to the laws requiring that the poster be displayed and have additional responsibilities to communicate equal employment opportunity policies and procedures to all employees.

Q: How do I make the poster available and accessible for individuals who are blind or visually impaired?
A: The poster is available as a PDF that has been optimized for screen readers.

Q: Is the poster available in languages other than English?
A: The poster is available in English and Spanish and will be available in additional languages at a later date.

Q: Where should I place the poster?
A: Posters should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted.

OutSolve’s Take 

Federal contractors should replace all previously posted “EEO is the Law” and “EEO is the Law Supplement” posters with the new “Know Your Rights” posted published by the EEOC. Even though the new “Know Your Rights” poster includes pay transparency language, federal contractors are still required to post the OFCCP Pay Transparency Nondiscrimination Provision poster. Both posters should be posted in all physical locations and available for electronic viewing by remote employees. Individuals with sight impairments should be notified that the poster is also available in an electronic posting for screen readers.

This is just one many indicators of the collaboration between the two agencies.

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.