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POSTINGS & NOTICE 

REQUIREMENTS
Introduction

The Office of Federal Contract Compliance Programs (OFCCP) regularly receives 

compliance questions from companies doing business with the federal government. 

These companies provide the government with supplies and services, but they may also

work on federal and federally assisted construction projects. They may be manufacturers,

or be academic, financial, or other institutions. Federal contractors and subcontractors,

regardless of the type of business or industry, must know how to comply with their equal

employment opportunity (EEO) and affirmative action obligations. 

The questions OFCCP receives vary in scope and topic. OFCCP is committed to providing 

quality and useful compliance assistance to federal contractors and subcontractors. 

The laws OFCCP enforces, as well as the regulations that implement them, prohibit 

various forms of workplace discrimination. These laws and regulations also require 

that contractors and subcontractors take affirmative action to provide all workers 

and jobseekers with an equal opportunity to compete for jobs, and to retain and 

thrive in those jobs. 

For the purposes of this Guide, OFCCP is focusing on many of the essential posting and

notice requirements that a contractor must fulfill to comply with the law, regardless 

of the size of its workforce. In other words, a company with a federal contract or 

subcontract that meets minimum dollar thresholds for coverage by the laws OFCCP 

enforces must comply with the postings and notices described in this Guide. 

This Guide does not provide information on affirmative action program (AAP) 

requirements or on developing a written AAP, including policy statements and other 

notices that are part of a written AAP. It also does not provide information for 

construction contractors on the affirmative action standards required of them under 

Executive Order 11246. For information about AAP requirements and construction 

affirmative action standards, please visit www.dol.gov/ofccp. 

NOTE: Going forward, unless otherwise noted, references in this Guide to “contracts” also include 

“subcontracts” and “federally assisted construction contracts and subcontracts.” References 

to “contractors” include “subcontractors” and “federally assisted construction contractors and 

subcontractors.” 

What “Postings and Notices” are Required?

OFCCP created this Guide to provide clarity on the equal employment opportunity 

postings and notices it requires. This helps contractors comply with their legal 

obligations. While the Guide does not cover every regulatory requirement or 

substitute for all of the obligations found in OFCCP’s regulations at 41 CFR Chapter 

60, it collects these notice and posting requirements into one quick reference 

resource to make it easier for contractors to understand how to comply with the 

law. These notices and postings include the following. 

2

Executive Order 11246. This 

executive order prohibits 

workplace discrimination 

and requires affirmative 

action on the basis of race, 

color, religion, sex, sexual 

orientation, gender identity, 

or national origin. It also 

promotes pay transparency 

by, in certain circumstances, 

making it illegal to 

terminate, discipline, or 

otherwise discriminate 

against applicants and 

employees for inquiring 

about, discussing or 

disclosing compensation. 

The minimum dollar 

threshold for coverage 

under Executive Order 

11246 is $10,000. 

Section 503 of the 

Rehabilitation Act of 

1973. This law prohibits 

employment discrimination 

against qualified individuals 

with a disability and requires 

affirmative action. It does 

not apply to federally 

assisted construction 

contractors. The minimum 

dollar threshold for 

coverage under Section 

503 is $15,000. 

Vietnam Era Veterans’ 

Readjustment Assistance 

Act of 1974 (VEVRAA). This 

law prohibits employment 

discrimination against 

protected veterans and 

requires affirmative action. 

Like Section 503, it does not 

apply to federally assisted 

construction contractors. 

The minimum dollar 

threshold for coverage 

under VEVRAA is $150,000. 
 • Notice to subcontractors of their nondiscrimination and affirmative action 

obligations, provided by incorporating equal opportunity clauses into 

subcontracts and purchase orders.

 • Notice to jobseekers that the employer is an equal opportunity employer, 

provided by using taglines in job advertisements.

 • Notice to OFCCP by the prime contractor that it awarded a construction 

subcontract in excess of $10,000.

 • Notice to the appropriate American Job Center or state workforce agency that an 

employer is a federal contractor, that it wants priority referral of veterans, and 

that it has job openings to list in the job bank.

 • Notice to any unions with which the contractor has a collective bargaining 

agreement of the contractor’s equal opportunity obligations.

 • Posting the “EEO is the Law” and other posters to inform applicants and 

employees of the contractor’s nondiscrimination and equal opportunity 

obligations. 

What Notice Requirements Apply to Federal 

Subcontracts and Purchase Orders? 

One requirement of being a federal contractor is to include the equal opportunity 

obligations in subcontracts and purchase orders. There are two ways for federal 

contractors to accomplish this: incorporate the contract language in full or

incorporate it by reference. 

Incorporate EO Clauses in Full

Incorporating the equal opportunity contract clauses (EO clauses) in full means 

contractors that meet the minimum dollar thresholds include all the language in 

their subcontracts and purchase orders found at the following regulatory citations, 

as applicable. 

Construction

Executive Order 11246

 • 41 CFR 60-1.4(a). Use this notice language in construction subcontracts and 

purchase orders that are not federally assisted. 

 • 41 CFR 60-1.4(b). Use this notice language in federally assisted construction 

subcontracts.

 • 41 CFR 60-4.2(d). Use this language in all construction subcontracts, solicitations 

for offers and bids to give notice of applicable goals for minority and female 

participation. 

 • 41 CFR 60-4.3(a). Use this language in all construction subcontracts. It is used 

in combination with 41 CFR 60-4.2(d), and with either 41 CFR 60-1.4(a) or 41 

CFR 60-1.4(b) depending on whether it is a federally assisted construction 

subcontract. 

OFCCP is 

committed to 

providing 

quality 

and useful 

compliance 

assistance 

to federal 

contractors and 

subcontractors. 

3
Section 503

 • 41 CFR 60-741.5(a). Use this language for direct construction subcontracts 

and purchase orders. NOTE: Section 503 does not apply to federally assisted 

construction contracts.

VEVRAA

 • 41 CFR 60-300.5(a). Use this language for direct construction subcontracts and 

purchase orders. NOTE: VEVRAA does not apply to federally assisted construction 

contracts.

Supply and Service

Executive Order 11246 

 • 41 CFR 60-1.4(a). Use this notice language for all supply and service subcontracts 

and purchase orders. 

Section 503 

 • 41 CFR 60-741.5(a). Use this language for all supply and service subcontracts and 

purchase orders. 

VEVRAA 

 • 41 CFR 60-300.5(a). Use this language for all supply and service subcontracts and 

purchase orders. 

Incorporate EO Clauses by Reference

The second way a contractor may fulfill this notice requirement is to incorporate by 

only referring to the clauses set forth in OFCCP’s regulations. 

Construction

Executive Order 11246

 • There is no prescribed language to incorporate the EO clauses at 41 CFR 60-1.4(a) 

or 41 CFR 60-1.4(b). It is appropriate to include the citation to the appropriate 

regulation.

Section 503

 • The regulations for Section 503 require citation to the appropriate regulations at 

41 CFR 60-741.5(a) described in the previous discussion on incorporating the EO 

clauses in full. 

 • The reference would also include the language at 41 CFR 60-741.5(d) in bold typeface.

VEVRAA

 • The regulations for VEVRAA require citation to the appropriate regulations at 41 

CFR 60-300.5(a) described in the previous discussion on incorporating the EO 

clauses in full. 

 • The reference would also include the language at 41 CFR 60-300.5(d) in bold 

typeface.

OFCCP created 

this Guide to 

provide clarity 

on the equal 

employment 

opportunity 

postings and 

notices it 

requires. 

4 
Supply and Service

The incorporation by reference notice requirements 

for supply and service contractors is the same as 

those discussed immediately above for construction 

contractors. 

To help contractors achieve compliance, below is an 

example of how to incorporate the EO clauses by 

reference for a supply and service subcontract or 

purchase order that meets all of OFCCP’s minimum 

dollar thresholds. 

SUPPLY AND SERVICE INCORPORATION 

BY REFERENCE EXAMPLE

This contractor and subcontractor shall abide by the 

requirements of 41 CFR 60–1.4(a), 60–300.5(a) and 

60–741.5(a). These regulations prohibit discrimination 

against qualified individuals based on their status as 

protected veterans or individuals with disabilities, and 

prohibit discrimination against all individuals based on 

their race, color, religion, sex, sexual orientation, gender 

identity, national origin, or for inquiring about, discussing, 

or disclosing information about compensation. Moreover, 

these regulations require that covered prime contractors 

and subcontractors take affirmative action to employ and 

advance in employment individuals without regard to race, 

color, religion, sex, sexual orientation, gender identity, 

national origin, disability or veteran status.

What EEO Language 

Must Be Included In Job 

Advertisements?

Federal contractors are required to provide notice 

in job advertisements that qualified applicants will 

receive consideration without regard to their race, 

color, religion, sex, sexual orientation, gender identity, 

national origin, disability, or status as a protected 

veteran. 

The use of “taglines” in job ads is the way contractors 

provide the public that notice. These taglines are 

used in the same way for construction and supply and 

service contractors. 

5
Executive Order 11246

 • A contractor can use the phrase “an equal 

opportunity employer” or “EOE” as a substitute 

for listing all the protected bases. 

 • A contractor that lists only one or a few of the 

protected bases will be required to list all of 

them to be in compliance. 

Section 503 

 • EEO related to a person’s status as an individual 

with a disability must be clearly referenced in 

the job advertisements. This is true even if 

the phrase “an equal opportunity employer” or 

“EOE” is used as a substitute for the protected 

bases under Executive Order 11246. 

 • Simply using “D” is not an adequate substitute 

for “disability” in a tagline.

VEVRAA 

 • EEO related to a person’s status as a protected 

veteran must be clearly referenced in the job 

advertisements even if the phrase “an equal 

opportunity employer” is used to substitute for 

the protected bases under Executive Order 11246. 

 • Simply using “V” is not adequate substitution 

for “veteran” or “vet” in a tagline to denote 

protected veterans status. 

Examples of acceptable job advertisement taglines 

are below. 

Examples of Acceptable EEO 

Taglines

Acceptable Tagline Options for 

Contractors Meeting the Minimum 

Threshold for Executive Order 11246

Tagline Option 1: An Equal Opportunity Employer 

Tagline Option 2: All qualified applicants will 

receive consideration for employment without 

regard to race, color, religion, sex, sexual 

orientation, gender identity, or national origin. 

6
Acceptable Tagline Options for Contractors Meeting the 

Minimum Thresholds for Executive Order 11246 and Section 503

Tagline Option 1: An Equal Opportunity Employer, including disability

Tagline Option 2: EOE: race/color/religion/sex/sexual orientation/gender identity/

national origin/disability

Acceptable Tagline Options for Contractors Meeting the 

Minimum Thresholds for Executive Order 11246, Section 503, 

and VEVRAA

Tagline Option 1: 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.

Tagline Option 2: EOE, including disability/vets

Are Postings in the Workplace Required?

Construction and supply and service contractors must post three notices at their 

workplaces or sites. 

 • “EEO is the Law” Poster 

 • “EEO is the Law” Poster Supplement

 • Pay Transparency Nondiscrimination Provision

These notices inform applicants and employees of their rights protected by OFCCP 

and contractors must post them in a place where applicants and employees can 

access them, including employees working offsite. 

Federal contracting officers at the agency funding your contract should provide you 

with the necessary posters. If not, they are all available in different formats on the 

OFCCP website. 

“EEO is the Law” Poster

Every employer covered by EEO laws is required to place the “Equal Employment 

Opportunity is the Law” poster on its premises either electronically or physically. 

All applicants and employees must have a way to access the poster. Acceptable 

ways to post it would be on the contractor’s intranet, in an employee breakroom, 

and in an online application portal. 

“EEO is the Law” Supplement

OFCCP produced a mandatory supplement to the “EEO is the Law” poster that 

contractors are required to use until the “EEO is the Law” poster is updated to be 

consistent with OFCCP’s protections. It, too, must be accessible to all applicants 

and employees. 

These notices 

inform 

applicants and 

employees of 

their rights 

protected by 

OFCCP. 

7
Pay Transparency Nondiscrimination Provision

To notify applicants and employees of their rights, subject to certain limitations, 

to discuss, disclose, or inquire about compensation or compensation 

information, federal contractors are also required to post the Pay Transparency 

Nondiscrimination Provision and include it in employee handbooks and manuals. 

Like the other two postings, contractors must place the Pay Transparency 

Nondiscrimination Provision somewhere that it is conspicuously available to all 

applicants and employees. Contractors can post this provision either physically on 

the premises or electronically. 

OFCCP provides a formatted version for posting, which includes the OFCCP logo and 

contact information, as well as an unformatted version for inclusion in employee 

handbooks and manuals.

 • Download the formatted version

 • Copy the unformatted version

What is the Mandatory Job Listing Requirement 

Under VEVRAA? 

When a contractor meets the minimum threshold for VEVRAA with a contract of 

$150,000, it must list all of its employment openings with the state workforce 

agency job bank or the local American Job Center (known also as the employment 

service delivery system) where the openings occur. Listing these employment 

openings is one type of affirmative action the contractor takes to recruit and hire 

qualified veterans. 

For the purposes of this requirement, “all employment openings” includes all 

positions except: 

 • Executive and senior management;

 • Positions filled from within an organization where no consideration is given to 

persons outside the organization;

 • Positions which the contractor proposes to fill from regularly established “recall” 

lists; and 

 • Positions lasting three days or less. 

The contractor has some immediate actions to take as soon as it has a minimum 

threshold contract, and it has some ongoing actions it must take for as long as it 

continues to be a federal contractor subject to VEVRAA. 

OFCCP provides 

all the required 

EEO posters on 

its website in 

usable formats. 

8
Immediate Actions

• Notify the local American Job Center or state

workforce agency that it is a federal contractor.

• Notify the local American Job Center or state

workforce agency that it desires priority referral of

protected veterans for job openings.

• Provide the local American Job Center or state

workforce agency the name and address of each

hiring location within the state, as well as the contact

information of the contractor official responsible for

hiring at each location.

• Provide a list of all employment openings that exist at

the time the contract is signed to the local American

Job Center or state workforce agency, including

employment openings not generated by the federal

contract and openings at locations other than the

establishment where the contract work will be

performed.

The information about any job vacancy included in 

the initial listing, as well as all future listings, must 

be provided in a manner and format permitted by the 

local American Job Center or state workforce agency to 

enable the system to post jobs and to provide priority 

referral of veterans. For questions about the appropriate 

manner and format, please contact the local American 

Job Center or state workforce agency job bank. 

Ongoing Actions

• Provide the local American Job Center or state

workforce agency lists of all employment openings

at least concurrently with the use of any other

recruitment source or effort.

• Update the local American Job Center or state

workforce agency with current information on the

name and address of each hiring location within

the state, as well as the contact information of

the contractor official responsible for hiring at

each location – if any of the previously provided

information has changed. This can be completed

when the contractor next lists a position.

• Maintain records of job listings, or require that any

third party provider of the listing service maintain

the records.

9
Are There Notices to Unions? 

Both construction and supply and service contractors subject to 

OFCCP’s equal opportunity clauses also have a duty to notify labor 

unions that they are bound by their federal contracts and committed 

to take affirmative action to employ and advance in employment, and 

not discriminate against applicants and employees protected by the 

covered bases of Executive Order 11246, Section 503, and VEVRAA. The 

below is a sample notice that would satisfy this OFCCP requirement. 

SAMPLE NOTICE TO UNION

[Insert company] is bound contractually by the terms of Executive 

Order 11246, Section 503 of the Rehabilitation Act, and the Vietnam 

Era Veterans’ Readjustment Assistance Act. Together, these laws 

require [insert company] to not discriminate and take affirmative 

action to treat applicants and employees without regard to race, 

color, religion, sex, sexual orientation, gender identity, national 

origin, disability, and status as a protected veteran. Executive 

Order 11246 also prohibits discharging or in any other manner 

discriminating against an applicant or employee for discussing, 

disclosing or inquiring about compensation or compensation 

information, with limited exceptions. Attached is the “EEO is the 

Law” Poster, the “EEO is the Law” Poster Supplement, and the Pay 

Transparency Nondiscrimination Provision which [insert contractor] 

uses to provide notice of these rights to applicants and employees.

Are There Construction Subcontract 

Notifications?

Contractors are required to give written notice to OFCCP within 10 

working days of award of a construction subcontract in excess of 

$10,000 (see 41 CFR 60–4.2).

In addition to the prime contract number and the contractor’s name 

and contact information, the notification must include:

• The name, address and telephone number of the subcontractor;

• Subcontractor employer identification number;

• Dollar amount of the subcontract;

• Estimated starting and completion dates of the subcontract; and

• Geographical area in which the contract is to be performed.

Information on how to submit the notices is on the OFCCP website. 

NOTE: During an onsite review, OFCCP compliance officers may also check for the 

Office of Labor-Management Standards poster, Notice of Employee Rights Under 

Federal Labor Laws, under EO 13496. OFCCP neither produces this poster nor enforces 

violations of this posting requirement.

10
Where Can I Find More Resources?

Need to contact OFCCP? Please visit us at dol.gov/ofccp, or reach us by calling our 

toll-free help line at 1–800–397–6251 (TTY 1–877–889–5627).

You may also get in touch with your regional or local representative. 

Please note that this Guide provides general information. It is not intended to substitute for the 

actual law and regulations regarding the program described herein.

Please visit us at 

dol.gov/ofccp, 

or reach us by 

calling our tollfree help line.

11
Postings and Notices Guide: Checklists

The two lists below are intended as a companion to the Office of Federal Contract Compliance Programs’ Postings and 

Notices Guide (the “Guide”). When used with the Guide, they provide federal contractors and subcontractors with a 

simple reference for tracking their required equal employment opportunity postings and notices. For ease of use, two 

checklists are provided - one for federal supply and service contractors and subcontractors and another for federal and 

federally assisted construction contractors and subcontractors. 

Checklist 1

FEDERAL SUPPLY & SERVICE CONTRACTORS AND SUBCONTRACTORS

Equal Opportunity Notices

 Include Appropriate Equal Opportunity Clause(s) in Subcontracts and Purchase Orders in Full or 

by Reference

 Use Appropriate Equal Opportunity Employer Tagline in Job Advertisements 

 Notify Unions that Company has Equal Opportunity Obligations and Request Their Cooperation, 

if Party to a Collective Bargaining Agreement

Posting Requirements

 Display “Equal Employment Opportunity is the Law” Poster and Supplement 

 Display Pay Transparency Nondiscrimination Provision Poster 

 Include Pay Transparency Nondiscrimination Provision in Employee Manuals and Handbooks 

Mandatory Job Listings for Protected Veterans (if subject to VEVRAA)

 Notify State Workforce Agency Job Bank and/or Local American Job Center of Federal Contractor Status

 Request Priority Referral of Protected Veterans for Job Openings 

 Provide and Keep Current the Name and Address of Each Hiring Location within State and Contact 

Information for Company Official Responsible for Hiring at Each Location 

 Provide List of All Employment Openings to the State Workforce Agency Job Bank and/or Local American 

Job Center in the Manner and Format Permitted by the Job Bank or Center so the System Can Post Jobs and 

Provide Priority Referral of Veterans for Priority Referral of Veterans

Construction Subcontract Notifications 

 Notify OFCCP Within 10 Days if Awarding a Construction Subcontract in Excess of $10,000 
200 Constitution Avenue, NW | Room C-3325 | Washington, D.C. 20210 | phone 1-800-397-6251 | TTY 1–877–889–5627 | fax 202-693-1304

04/18

Office of Federal Contract Compliance Programs 

UNITED STATES DEPARTMENT OF LABOR

Checklist 2

FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS 

AND SUBCONTRACTORS

Construction Subcontract Notifications 

 Notify OFCCP Within 10 Days if Awarding a Construction Subcontract in Excess of $10,000

Equal Opportunity Notices

 Include Appropriate Equal Opportunity Clause(s) in Construction Subcontracts in Full or by Reference

 Include, in Full, the Notice of Applicable Construction Goals for Minority and Female Participation in 

Subcontracts and in Solicitations for Offers and Bids 

 Include, in Full, the Standard Equal Employment Opportunity Construction Contract Specifications in 

Subcontracts 

 Use Appropriate Equal Opportunity Employer Tagline in Job Advertisements 

 Notify Unions that Company has Equal Opportunity Obligations and Request Cooperation, if Party to a 

Collective Bargaining Agreement

Posting Requirements

 Display “Equal Employment Opportunity is the Law” Poster and Supplement

 Display Pay Transparency Nondiscrimination Provision Poster 

 Include Pay Transparency Nondiscrimination Provision in Employee Manuals and Handbooks 

Mandatory Job Listings for Protected Veterans (if subject to VEVRAA)

 Notify State Workforce Agency Job Bank and/or Local American Job Center of Federal Contractor Status

 Request Priority Referral of Protected Veterans for Job Openings 

 Provide and Keep Current the Name and Address of Each Hiring Location within State and Contact 

Information for Company Official Responsible for Hiring at Each Location 

 Provide List of All Employment Openings to the State Workforce Agency Job Bank and/or Local American 

Job Center in the Manner and Format Permitted by the Job Bank or Center so the System Can Post Jobs and 

Provide Priority Referral of Veterans

DISCLAIMER: These checklists provide general information for compliance with parts of Executive Order 11246, Section 503 of the 

Rehabilitation Act or the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). They are not a substitute for reading the 

actual laws and implementing regulations. In addition, these lists do not include required elements of written affirmative action 

programs (AAPs) or associated AAP requirements, such as policy statements and other notices that are part of a written AAP. They also 

do not provide information for construction contractors on the affirmative action standards required of them under Executive Order 

11246. For resources on AAP requirements and construction affirmative action standards, please visit www.dol.gov/ofccp. 
Office of Federal Contract Compliance Programs

UNITED STATES DEPARTMENT OF LABOR

At the Office of Federal Contract Compliance Programs (OFCCP), we protect 

workers, promote diversity and enforce the law. OFCCP holds those who do 

business with the federal government—contractors and subcontractors—

responsible for complying with the legal requirement to take affirmative 

action and not discriminate on the basis of race, color, sex, sexual 

orientation, gender identity, religion, national origin, disability, or status 

as a protected veteran. In addition, contractors and subcontractors are 

prohibited from discharging or otherwise discriminating against applicants 

or employees who inquire about, discuss or disclose their compensation or 

that of others, subject to certain limitations.

Need to contact OFCCP? Please visit us at www.dol.gov/ofccp, or reach us 

by calling our toll-free help line at 1–800–397–6251 (TTY 1–877–889–5627).
Office of Federal Contract Compliance Programs

UNITED STATES DEPARTMENT OF LABOR

OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

200 Constitution Avenue, NW | Room C-3325 | Washington, D.C. 20210

phone 1-800-397-6251 | TTY 1–877–889–5627 | fax 202-693-1304

04/18