The Equal Employment Opportunity Commission (“EEOC”) has revised its “Equal Employment Opportunity is the Law” poster. The new poster reflects the requirements of the Genetic Information Nondiscrimination Act (“GINA”), which take effect on November 21, 2009, and prohibit employers from discriminating against applicants and employees based on their genetic information for employment purposes and health insurance. The new poster will also reflect the changes made to the Americans with Disabilities Act Amendments Act of 2008, which took effect on January 1, 2009.
When does the law become effective?
The operative date of the new requirements is November 21, 2009.
What changes will you see in the new poster?
Revisions to the notice include the addition of a section entitled “Genetics,” which provides information regarding GINA.
The existing “Individuals with Disabilities” section includes new text stating that federal contractors should take affirmative action to employ and advance, if applicable, individuals with disabilities at any level of employment as required by Section 503 of the Rehabilitation Act of 1973.
The entire EEOC notice has been reformatted, and other revisions include verbiage changes to the “Disability” section, text revisions to the “Retaliation” section, and updated contact information for the EEOC and the Office of Federal Contract Compliance Programs (“OFCCP”).
The title to the “Vietnam Era” section has been changed, and the section further defines eligible veterans for affirmative action and nondiscrimination in hiring.
Does it apply to me/my company?
The EEOC laws described in the poster (GINA and the ADA) apply to companies who employ 15 or more employees.
What are the recommended next steps?
There are several ways for employers to comply with the law:
1. Print the poster supplement using this link eeoc.gov/gina_supplement.pdfand post it alongside EEOC’s September 2002 “EEO is the Law” poster or OFCCP’s August 2008 “EEO is the Law” poster.
2. Print the EEOC’s November 2009 version of the “EEO is the Law” poster using this link eeoc.gov/self_print_poster.pdf and post it in place of the EEOC’s September 2002 “EEO is the Law” poster or OFCCP’s August 2008 “EEO is the Law” poster.
3. Order a new poster through the EEOC Clearinghouse at www.eeoc.gov/posterform.html. Please note that the EEOC poster is on backorder and will be shipped when the poster becomes available in the near future. The new poster will also be available in Spanish, Chinese and Arabic before the GINA statute becomes effective on November 21, 2009.
Companies should also consider revisions to its employee handbook to reflect GINA and the recent changes to the ADA.
If you would like to discuss how these changes affect you or your business, please contact: Seth P. Briskin, Esq. at (216) 831-0042 or email@example.com
This Client Alert is a summary only, prepared for general informational purposes, and is not an exhaustive description of the EEO poster, GINA, the amendments to the ADA, and related issues. Nothing in this letter is intended or is to constitute a legal opinion or legal advice of Seth P. Briskin or Meyers, Roman, Friedberg & Lewis.