Pay transparency nondiscrimination provision

Pay Transparency Nondiscrimination Provision: What Employers Must Post (and How Digital Posters Help)

If you searched for the pay transparency nondiscrimination provision, you’re likely trying to confirm one thing: what notice you need to provide employees (and applicants) about their right to discuss pay—and how to stay compliant without creating risk. This guide explains what the provision is, how it connects to federal contractor rules and state pay transparency laws, and how HR teams can manage required notices using a pay transparency poster in a digital labor law poster program.

For broader context on poster compliance, start with SwiftSDS’s overview of a Labor law poster and how required notices are typically delivered.

What the Pay Transparency Nondiscrimination Provision Is

The Pay Transparency Nondiscrimination Provision is a required notice tied to federal equal employment opportunity (EEO) rules for certain employers—most notably federal contractors and subcontractors. It states that employees and applicants must not be discriminated against or retaliated against for:

• Inquiring about compensation
• Discussing compensation
• Disclosing their own pay or someone else’s pay, where permitted

The key legal source: Executive Order 11246 and OFCCP regulations

This provision stems from Executive Order 11246, as implemented by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). OFCCP regulations require covered contractors to include the pay transparency nondiscrimination language in their EEO notices.

In practice, many employers fulfill this requirement by posting the OFCCP notice alongside other mandatory postings—often as part of a digital labor law poster package for offices and remote workforces.

If you’re building a complete posting program for distributed teams, see SwiftSDS guidance on Electronic posters and how digital delivery can support multi-site compliance.

Who Needs a Pay Transparency Poster?

Whether you must post the pay transparency nondiscrimination provision depends on your organization’s coverage and contracts.

H3 Federal contractors and subcontractors (most common trigger)

You are more likely to need this notice if you:

• Hold a covered federal contract or subcontract
• Work on federal projects where OFCCP rules apply
• Are required to maintain EEO postings and applicant notices

Because OFCCP requirements can apply at the establishment level (and across recruiting channels), HR teams should ensure the notice is visible to:

• Current employees
• Job applicants (including online applicants, where applicable)

H3 Other employers: state pay transparency laws may create parallel notice obligations

Even if you’re not a federal contractor, many states regulate pay transparency in other ways—especially in job postings, pay range disclosures, and anti-retaliation protections for wage discussions.

For state-by-state posting and notice requirements, review SwiftSDS jurisdiction pages like California (CA) Posting Requirements and New York (NY) Posting Requirements, which are helpful starting points when you’re mapping requirements across multiple worksites.

What the Notice Must Communicate (and Where to Display It)

At a minimum, the pay transparency nondiscrimination provision communicates:

• Employees/applicants may discuss or disclose compensation without retaliation
• There are limited exceptions (for example, when someone accesses compensation information as part of essential job functions and discloses it improperly)

H3 Posting locations: physical and digital considerations

Most posting rules follow a “conspicuous location” standard. For federal contractor compliance, best practice is to ensure the notice is accessible:

• On-site: in a common area where other labor law notices are posted (break rooms, near time clocks, HR bulletin boards)
• Remote/hybrid: via a digital poster board, intranet, or onboarding portal—especially if you also provide other postings electronically

If you’re evaluating what a compliant digital display looks like, SwiftSDS provides practical guidance and layouts in Electronic poster examples.

How Pay Transparency Fits into Your Wider Poster Compliance Program

HR teams often struggle because pay transparency rules don’t exist in a vacuum. They intersect with wage-hour, EEO, anti-discrimination, and state/local notice requirements.

H3 Pair pay transparency with core wage-hour postings

Even when your main focus is the pay transparency nondiscrimination provision, most employers still must also post federal wage-hour notices. For example, the U.S. Department of Labor requires FLSA rights posters such as:

• Employee Rights Under the Fair Labor Standards Act (Wage and Hour Division, DOL)
• Derechos de los Trabajadores Bajo la Ley de Normas Justas de Trabajo (FLSA) (Spanish version)

A clean compliance workflow is to bundle pay transparency/EEO notices with wage-hour postings so updates don’t get missed.

H3 Don’t overlook civil rights/EEO notices that often travel together

Pay transparency is closely related to broader civil rights posting obligations (anti-discrimination, equal opportunity, accommodations). If your posting set includes EEO content, you may also need ADA-related notices and similar employee rights materials. SwiftSDS groups these resources in Civil rights posters, and provides an overview of the ada poster as part of the broader compliance picture.

Actionable Compliance Checklist (HR-Friendly)

Use this checklist to operationalize pay transparency poster compliance:

1. Confirm coverage

   • Are you a federal contractor/subcontractor subject to OFCCP requirements?
   • Do your state laws require pay transparency notices or pay range disclosures?

2. Inventory posting locations

   • Identify every physical worksite where posters must be displayed.
   • Identify every remote/hybrid population that needs digital access.

3. Verify recruiting visibility

   • If applicants must receive notice, ensure it’s accessible in the recruiting workflow (career site, ATS, onboarding packet).

4. Centralize updates

   • Assign an owner (HR or Compliance) to review posting updates at least quarterly.
   • Document when you last updated posters and where they’re displayed.

5. Use jurisdiction pages to avoid gaps

   • Multi-state employers should track requirements via SwiftSDS posting requirement hubs such as Federal (United States) Posting Requirements, plus key state pages like Maryland (MD) Posting Requirements and Ohio (OH) Labor Law Posting Requirements.

Common Pitfalls to Avoid

H3 Assuming “we don’t talk about pay” is a policy you can enforce

Many laws and regulations protect employees who discuss compensation. Policies that broadly prohibit wage discussions can create legal exposure—even if they’re informal or “cultural.”

H3 Posting once and forgetting about remote access

If a meaningful portion of your workforce is remote, a wall poster at headquarters may not meet notice accessibility expectations. Digital labor law posters can help ensure consistent visibility.

H3 Falling for misleading “poster compliance” solicitations

Businesses frequently receive mailers that look official but are actually third-party solicitations. Train staff to route all labor law posting notices through HR/Legal and a trusted vendor. SwiftSDS covers warning signs in business posting department scam.

FAQ: Pay Transparency Nondiscrimination Provision

Is the pay transparency nondiscrimination provision required for all employers?

No. It is most commonly a requirement for covered federal contractors/subcontractors under OFCCP rules implementing Executive Order 11246. However, many states have pay transparency or anti-retaliation protections that create similar obligations, so employers should confirm state and local rules.

Does a pay transparency poster replace state pay range disclosure requirements?

No. A poster/notice typically does not replace state requirements to include pay ranges in job postings (where mandated) or to provide wage information upon request. If you hire in states like California or New York, review the relevant jurisdiction guidance, such as California (CA) Posting Requirements and New York (NY) Posting Requirements.

Can we provide the pay transparency notice digitally for remote employees?

Often, yes—especially when employees do not regularly report to a physical location. The key is accessibility (easy to find, consistently available) and integrating it into your broader digital labor law poster process. SwiftSDS’s Electronic posters hub explains best practices for electronic delivery.

Keep Pay Transparency Notices Consistent Across Locations

For HR teams, the goal is straightforward: ensure employees and applicants can easily find the pay transparency nondiscrimination provision, alongside your other required labor law notices. Digital poster programs can reduce missed updates, support remote access, and help standardize compliance across jurisdictions—especially when paired with SwiftSDS’s broader Labor law poster guidance.