If your company holds federal contracts or subcontracts worth $10,000 or more, the Office of Federal Contract Compliance Programs (OFCCP) has jurisdiction over your hiring practices, compensation systems, and employment practices — including every job ad you publish. Many companies don't realise they're federal contractors, or don't understand the full scope of what that means for their job postings.
This checklist covers the requirements for job postings specifically, explains what OFCCP audits actually look for, and gives you a practical framework for maintaining compliance at scale.
Who this applies to — and the surprises
OFCCP jurisdiction covers:
- Employers holding a direct federal contract of $10,000 or more
- Employers holding federal subcontracts of $10,000 or more (this includes suppliers of goods or services to prime contractors)
- Employers with 50+ employees and contracts of $50,000+ must also maintain written Affirmative Action Programs (AAPs)
- Financial institutions that are depositories for federal funds or issue and pay US savings bonds
The "supplier" category catches many companies by surprise. If you supply products or services to a company that holds a federal contract, you may be a covered subcontractor — even if you have no direct relationship with any government agency. The OFCCP's website provides guidance on determining coverage. When in doubt, consult employment counsel.
Required elements in every job posting
1. EEO tagline (mandatory)
Every job posting must include the phrase "Equal Opportunity Employer" or the abbreviation "EOE." This requirement flows from Executive Order 11246. Including the full EEO statement with all protected classes listed is strongly recommended — it's better documentation and better practice.
The full EEO statement should reference race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, and protected veteran status.
2. VEVRAA veteran language (mandatory for contractors)
The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) requires covered contractors to take affirmative action to hire, advance, and retain protected veterans. Postings should include language inviting protected veterans to apply and providing a mechanism for accommodation requests.
Protected veterans under VEVRAA include: disabled veterans, recently separated veterans (within three years of discharge), active-duty wartime or campaign badge veterans, and Armed Forces service medal veterans.
Example language: "We are a VEVRAA Federal Contractor and invite applications from qualified protected veterans. Equal opportunity employer — including veterans and people with disabilities."
3. Section 503 disability language (mandatory for contractors)
Section 503 of the Rehabilitation Act of 1973 requires affirmative action and non-discrimination for qualified individuals with disabilities. Postings must include language inviting individuals with disabilities to apply and offering a reasonable accommodation process.
See our dedicated ADA language guide for the full requirements and examples.
4. Pay ranges
No current federal law mandates salary ranges in all job ads, but OFCCP auditors increasingly note the absence of salary information in audits — particularly where it's required under state law. For any posting in a covered state (California, Colorado, NYC, Washington, etc.), include the salary range. See our multi-state salary range guide.
5. Accurate and up-to-date job descriptions
OFCCP audits examine whether your actual hiring decisions are consistent with your posted requirements. Postings that list qualifications significantly different from what candidates are actually evaluated on create audit risk. Keep posting language accurate and updated.
Record-keeping requirements — the often-overlooked piece
OFCCP compliance isn't just about what's in your job ads — it's about what records you maintain. Required records include:
- Applicant flow logs for every posting — every applicant, their demographic information (where voluntarily provided), and the disposition of their application
- Interview notes and evaluation records showing the basis for hiring decisions
- Compensation data showing pay ranges and what was offered to successful candidates
- Records of outreach efforts to protected veteran and disability communities if required by your AAP
These records must be maintained for two years. When a Scheduling Letter arrives, you have 30 days to produce an extensive compliance package including your AAP, applicant flow logs, and compensation data. Companies that maintain good records and documented processes fare significantly better in audits.
Preparing for an OFCCP audit
OFCCP audits follow a structured process that begins with a Scheduling Letter and requests detailed documentation. The most important things you can do in advance:
- Maintain current written Affirmative Action Programs if you're at the 50-employee/$50,000 threshold
- Ensure your ATS captures demographic information (on a voluntary, self-identification basis) and applicant disposition codes
- Conduct annual adverse impact analyses on your hiring decisions to identify any disparate impact before auditors do
- Review your compensation data for unexplained gender or race pay gaps that could become focus areas in an audit
- Ensure all job postings include required VEVRAA and Section 503 language
Federal contractor? Let us handle the posting compliance.
Role Canary checks VEVRAA, EEO, Section 503, and salary range requirements automatically.
Common OFCCP audit findings related to job postings
Based on published enforcement actions and compliance assistance materials, the most common job-posting-related findings in OFCCP audits include:
- Missing or incomplete EEO tagline (the single most common finding)
- Absent or incomplete VEVRAA veteran language
- No Section 503 accommodation statement or accommodation process
- Inconsistency between posted qualifications and actual hiring criteria
- Job requirements that may have disparate impact on protected classes without demonstrated job-relatedness
For a broader compliance picture, see our guide to EEOC-compliant job ads and our ADA language requirements post.