The Equal Employment Opportunity Commission (EEOC) has revised the Notice that all employers covered by the federal anti-discrimination laws must post in their workplaces. The revised Notice reflects the requirements of the new Genetic Information Nondiscrimination Act 2008 (GINA) and the changes made by the Americans with Disabilities Act Amendments Act of 2008 (ADAAA).
The revised Notice includes information regarding GINA's ban on employment discrimination based on an individual's genetic information, which took effect on November 21, 2009. The new Notice also reflects changes made by the ADAAA, which took effect on January 1, 2009.
Although employers may receive solicitations from companies offering to sell them a revised EEO poster, or a combination poster, it is not necessary to purchase a poster from one of these companies. The EEOC makes all required postings available for download from its website at no charge. The EEOC has provided alternative ways for employers to comply with the new Notice requirement, but employers should note that regardless of the compliance method chosen, the new postings must have been in place by last Friday, November 21, 2009.
- Employers can print the EEOC's "Equal Employment Opportunity is the Law" poster supplement and post it alongside the EEOC's September 2002 poster or the OFCCP's August 2008 poster.
- Alternatively, employers can print and post the EEOC's November 2009 version of the "Equal Employment Opportunity is the Law" poster.
- Employers who need more than ten copies of the poster can order them from the EEOC Clearinghouse.
Companies can also order copies of the new poster in Spanish, Chinese and Arabic from the EEOC Clearinghouse. In addition to updating your postings in the workplace to reflect these changes in the law, employers should consider updating their handbook policies to incorporate language concerning GINA and the 2008 amendments to the ADA.
Baker Donelson stands ready to assist you with these and other labor and employment-related challenges. Contact any one of our nearly 70 Labor & Employment attorneys located in Birmingham, Alabama; Atlanta, Georgia; Baton Rouge, Mandeville and New Orleans, Louisiana; Jackson, Mississippi; and Chattanooga, Johnson City, Knoxville, Memphis and Nashville, Tennessee.
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