By: Charlie Blanchard, Associate. Smith, Currie & Hancock LLP.
December 15, 2022

Between a constantly changing regulatory environment, supply chain issues, inflation, and the 2022 mid-term elections, it can be easy to miss relatively small, but important, changes to regulatory requirements for federal government construction contractors and other construction professionals. One change that might have been missed is, thankfully, an easy requirement to address.   

Construction companies subject to regulatory oversight by the Equal Employment Opportunity Commission (EEOC), including all federal government contractors and subcontractors, are required to display an EEOC poster informing employees about federal law protections against workplace discrimination. Noncompliance can result in fines.  

On October 20, 2022, the EEOC released a new poster entitled “Know Your Rights: Workplace Discrimination is Illegal.” This new poster updates language contained in past iterations of the EEOC poster and should be placed in a conspicuous location “within a reasonable amount of time.”1  We recommend that contractors place the poster in both home office and job trailers, if possible.  

Construction firms subject to EEOC oversight will recognize much of the substance of the new poster from the now-outdated “EEO is the Law” poster, which also alerted employees to federal law protections, including those against unlawful discrimination based on race, color, sex, national origin, religion, age, disability, genetic information, and against unlawful retaliation.   

The new “Know Your Rights” poster uses simpler language and bullet points to clarify several elements compared to the existing poster, incorporating changes in regulations that have taken place over the last several years. It is available in both English and Spanish.  

The new “Know Your Rights” poster also includes a new section that specifically identifies information regarding unlawful pay discrimination for construction firms holding federal contracts or subcontracts, and it clarifies that workplace harassment can be challenged as unlawfully discriminatory and that unlawful sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, and gender identity. The new “Know Your Rights” poster also includes a QR code which links to the EEOC website. 

EEOC covered employers must place the poster “in a conspicuous location in the workplace where notices to applicants and employees are customarily posted,”2 subject to considerations based on the federal Americans with Disabilities Act (ADA), and are encouraged to post electronic versions on company websites. Additionally, “[f]ederal contractors are still required to post the Pay Transparency Nondiscrimination Provision and include it in employee handbooks and manuals.”3  

To learn more about the changes, visit 

Smith Currie provides comprehensive legal services to all parts of the construction industry across the nation. Smith Currie lawyers have decades of demonstrated success representing construction and federal government contracting clients “From the Ground Up,” including procurement matters, contract formation and negotiation, project administration, claims prosecution and, when necessary, in litigation and other forms of dispute resolution.

The  views expressed in this article are not necessarily those of ConsensusDocs. Readers should not take or refrain from taking any action based on any information without first seeking legal advice.