Legal Issues Impacting Your Business
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EEO Poster Update October 23, 2009
The Office of Legal Counsel has revised the "Equal Employment Opportunity is the Law" Poster to reflect current federal employment discrimination law - including the Americans with Disabilities Act Amendments Act of 2008 and the Genetic Information Nondiscrimination Act of 2008, which is effective November 21, 2009. The revised Poster also includes updates from the Department of Labor.
OLC has also created a "Supplement," adding information on the ADAAA and GINA. Employers may post the "Supplement" alongside EEOC's September 2002 "EEO is the Law" Poster or OFCCP's August 2008 "EEO is the Law" Poster.
The revised Poster and the "Supplement" are available on eeoc.gov.
Please note that there are some other changes.
* The overall size of the Poster is now smaller - 11x17 vs. the old size of 13x18.
* There are several new ways for employers get the Poster. We are offering .pdf versions of the Poster that employers may print and post in their workplaces. We would like to encourage employers to use the print-to order version of the Poster - but we are not discouraging them from ordering from the Clearinghouse/ Publications Distribution Center.
There are several ways employers may comply with posting requirement.
* Employers may print the "Supplement" and post it alongside EEOC's September 2002 "EEO is the Law" Poster or OFCCP's August 2008 "EEO is the Law" Poster;
* They may print and post the new November 2009 version of the "EEO is the Law" Poster; or
* They may order a new Poster through the EEOC Clearinghouse/publications distribution center.
Please note that hard copies of the new EEOC Poster in English are currently on back order and will be shipped when they become available (before GINA becomes effective on November 21, 2009). The new Poster will also be available in Spanish, Chinese and Arabic before GINA becomes effective on November 21, 2009.
Electronic copies of the new print-to-order Poster and the "Supplement" in English are attached. However, please refer employers to the website http://www.eeoc.gov/posterform.html to get their copies.
Remember previous guidance from OLC states that it is not adequate for employers to provide an electronic version of the Poster to their employees and/or post it on their internal net - they must print it and post it in the workplace. They can do both if they want, but they still have to post it.
For more information, please contact Jo Ellen Whitney at the Davis Brown Law Firm.
