Client Alerts
November 10, 2009

It's time to update your EEOC Workplace Notice poster

Stites & Harbison, PLLC, Client Alert, November 10, 2009

If your Company is subject to federal civil rights and anti-discrimination laws, it’s time to update your workplace notice posters. On May 21, 2008, the President signed the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on an individual’s genetic information. GINA’s employment discrimination provisions will take effect on November 21, 2009.

In addition, the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), signed into law on September 25, 2008, broadened the ADA’s definition of “disability” in order to include more individuals within the act’s coverage. The ADAAA became effective January 1, 2009.

Employers subject to federal civil rights and anti-discrimination laws are required to post notices for employees that describe federal laws prohibiting job discrimination. In order to assist employers with posting compliance, the Equal Employment Opportunity Commission (EEOC) recently updated its “Equal Employment Opportunity is the Law” poster to reflect the changes made by GINA and the ADAAA.

The old September 2002 version of the posters can be updated in one of several ways. Employers can print the posters themselves, either by printing a supplemental poster and posting it next to the old posters, or by printing the completely updated November 2009 poster. The supplement can be found here, and the completely updated poster can be found here. In addition, employers may also order up to ten new posters free of charge by filling out the order form here, or by request to the EEOC Clearinghouse at the following address:

U.S. Equal Employment Opportunity Commission Clearinghouse
P.O. Box 541
Annapolis Junction, MD 20701

Employers should note, however, that the new poster is on backorder, and because employers should post the updated poster as soon as possible in order to maintain compliance, it is recommended that employers print the poster or supplement themselves.

The EEOC has also indicated that the new poster will be available in Spanish, Chinese and Arabic some time before the GINA statute becomes effective on November 21, 2009.

Please contact us if you need any additional assistance or have questions regarding your Company’s compliance with GINA or the ADAAA.

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