OFCCP posted a Mandatory Supplement, revised September 2015, to the EEOC’s “EEO is the Law” poster at the time the final Pay Transparency Rule was posted. The supplement outlines the regulatory updates for federal contractors, which are not yet reflected in the EEOC’s poster. Specifically, the supplement updates the EO 11246 section to reflect sexual orientation and gender identity as protected classes and add a pay secrecy clause. In addition, revisions are reflected under the individuals with disabilities and protected veteran sections.
OFCCP’s FAQs indicate that the agency is working with EEOC to get the poster updated, but this supplement should be used in the interim. Contractors should plan to post this supplement anywhere the “EEO is the Law” poster is displayed, which would include in online application systems and company intranet sites. Currently, the supplement is only available in English, and there is no additional information on OFCCP’s website to indicate a timeframe by which the supplement should be displayed. The pay secrecy section, at least, is not in effect until January 11, 2016.
Stay tuned for additional updates.
By Kristen Pryor, Consultant at DCI Consulting Group