We continue our blog series regarding the Office of Federal Contract Compliance Program’s (OFCCP) Technical Assistance Guide (TAG) for supply and service contractors and subcontractors by looking at OFCCP’s required postings, listings, and notices. Read Part 1 and Part 2. OFCCP requires the following postings, listings, and notices to “inform applicants and employees of their rights protected by OFCCP, and procedures for filing complaints”:
- “EEO is the Law” poster and poster supplement
- Pay Transparency Nondiscrimination Provision
- Notice to applicants and employees on the availability of the Section 503 and VEVRAA affirmative action plans
- Notice to unions regarding affirmative action obligations
- Equal employment opportunity taglines within job advertisements
- Listings of job openings with the relevant employment service delivery systems
Each of OFCCP’s required postings, listings, and notices above must be available in accessible formats such as audio or braille for individuals with disabilities when there is a request for an alternative version of the relevant document.
While the TAG does not explicitly state this, federal contractors and subcontractors are subject to the requirements regarding OFCCP’s postings, listings, and notices at the initial dollar threshold under the federal affirmative action laws. We covered these initial thresholds in an earlier blog post on the TAG. Only one of the requirements discussed below first becomes effective when an employer must prepare affirmative action programs.
Posting: “EEO is the Law” Poster and Poster Supplement
All federal contractors and subcontractors are required to post the “Equal Employment Opportunity is The Law” poster and the EEO poster supplement where other postings can be readily seen by job seekers and employees. Employers are permitted to share the poster and its supplement with off-site employees electronically via company intranet or email. If an employer utilizes an electronic posting system for job openings, the poster and its supplement must be included in the posting itself or incorporated into the electronic application. OFCCP provides electronic versions of the “EEO is the Law” poster and the poster supplement on the agency’s website.
Posting: Pay Transparency Nondiscrimination Provision
Federal contractors and subcontractors are also required to post a prescribed pay transparency nondiscrimination provision to inform employees and applicants of their rights to discuss, disclose, and inquire about compensation and compensation information. The pay transparency nondiscrimination provision must be included in any employee handbook or manual that an employer may have. Like the “EEO is the Law” poster and its supplement, this provision should be posted in a prominent location on the employer’s premises. The provision also must be made available for applicants to view. OFCCP provides formatted and unformatted electronic versions of the provision on the agency’s website.
Posting: Availability of Section 503 and VEVRAA Affirmative Action Plans for Review
Certain federal contractors and subcontractors are subject to the affirmative action program requirements under Section 503 of the Rehabilitation Act of 1973 (Section 503) and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). We will be writing about the thresholds that create the affirmative action program obligations in a later blog post. Employers subject to the Section 503 and VEVRAA affirmative action program (AAP) requirements must notify employees and applicants of their rights to view the employer’s Section 503 and VEVRAA AAPs. These notices must be posted in prominent places on the employer’s premises and include contact information and times of availability for viewing. While the TAG does not mention this, there is no equivalent requirement to make an organization’s Executive Order 11246 affirmative action program available to applicants or employees.
Notice: Notice to Unions Regarding Affirmative Action Obligations
Federal contractors and subcontractors that have a bargaining agreement with a union must notify the union of the employer’s commitment to taking affirmative action. The union must also be notified of the employer’s commitment to prevent discrimination against applicants and employees on any basis protected under the federal affirmative action laws. A sample notice is included in the TAG as Appendix G.
Notice: Job Advertisement Taglines
Any advertisement or posting for a job opening must notify applicants and employees that qualified applicants will be considered without regard to the classifications protected by the laws OFCCP enforces. Contractors may use taglines in job advertisements to provide that notice. Each of the three laws that govern affirmative action have unique requirements regarding acceptable taglines for job advertisements. The required elements of taglines from the three laws are as follows:
Executive Order 11246
- Employers must use “equal opportunity employer” or “EOE” in the tagline.
- If the employer lists one or more of the classes protected under Executive Order 11246 (i.e. race, color, religion, sex, sexual orientation, gender identity, and national origin), it must list all classes protected by Executive Order 11246.
- Employers must minimally include the word “disability” in addition to “equal opportunity employer” or “EOE” if covered by Executive Order 11246 and Section 503.
- Employers must use “disability” and not just “D” if covered by Section 503.
- Employers must include “veteran” or “vet” in addition to “equal opportunity employer” or “EOE” if covered by Executive Order 11246 and VEVRAA.
- Employers must use “veteran” or “vet” and not just “V” if covered by VEVRAA.
Examples of OFCCP’s acceptable EEO taglines can be found on page 9 of the TAG. For an employer covered by all of the affirmative action laws, here is one example the TAG cites:
All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran.
An important note to consider is that, depending on the size of its federal contracts, an employer may not need to incorporate taglines for all three laws. More information about the contract thresholds for the three laws can be found in Part 1 of this blog series.
Listing: Listing Jobs with Employment Service Delivery Systems
Employers that have a single contract of $150,000 or more and thus are subject to the requirements under VEVRAA must list employment openings with local employment service delivery system (ESDS) offices. (The TAG notes that the term “employment service delivery system” generally refers to a local American Job Center or state workforce agency office.) Listing openings with local ESDS offices is meant to give priority referral to protected veterans seeking employment. Our next blog will focus on the requirement to list open positions with local ESDS offices.
Notice: Bids and Contracting Documents
Contractors must include equal opportunity clauses in their subcontracts and purchase orders either in full or by reference. OFCCP includes sample clauses by reference in Appendix H. These clauses include the general requirements not to discriminate and to take affirmative action. Contractors must include or reference these clauses in all subcontractors and purchase orders that meet the following contract thresholds:
- More than $10,000 for Executive Order 11246
- More than $15,000 for Section 503
- $150,000 or more for VEVRAA
Next in this Series…
Stay tuned for our next post in this series, where we focus on the requirements regarding listing job openings with the ESDS.