Most employers are required to post the familiar EEO Is the Law poster. This is a friendly reminder that the OFCCP (Office of Federal Contract Compliance Programs) also requires federal contractors and subcontractors subject to Executive Order 11246 to post two other posters in addition to the EEO Is the Law poster: the EEO Is The Law Poster Supplement, which, among other things, advises employees and job applicants that Executive Order 11246 now prohibits discrimination based on sexual orientation and gender identity; and the Pay Transparency Nondiscrimination Provision, which generally states that employees and applicants may not be discriminated against for discussing, disclosing, or inquiring about compensation.

All three posters need to be physically posted where they can be readily seen by employees and applicants, and they must be made accessible to individuals with disabilities. If you recruit job applicants online, you must include the posters electronically with each electronic job application, or include a prominent link to the posters with each electronic application, including a brief explanation of what the link connects to, so it is conspicuous to applicants. For employees who work remotely and have computer access, you can also make all three posters available electronically, for example by posting them on your company intranet.

Remember that in addition to these posting requirements, the OFCCP’s regulations also require that the Pay Transparency Nondiscrimination Provision be incorporated into your employee handbook or manual. Your handbook or manual must include the precise language prescribed by OFCCP.