• Employers Must Update Required EEOC Posting
  • November 4, 2009
  • Law Firm: Leonard, Street and Deinard, Professional Association - Office
  • The Equal Employment Opportunity Commission (EEOC) has released an update to its required "Equal Employment Opportunity is the Law" posting. The new version reflects current federal employment discrimination law, including information regarding the Genetic Information Nondiscrimination Act (GINA) and ADA Amendments Act regulations. The revised poster also includes updates from the U.S. Department of Labor. The EEOC posting update is mandatory for all covered employers and can be downloaded at the EEOC's Web site: http://www.eeoc.gov/posterform.html

    GINA was signed into law in May 2008; however, the effective date for Title II, which contains the employment discrimination provisions, was delayed for 18 months. Effective November 21, 2009, GINA prohibits covered employers, which includes private employers with 15 or more employees, from:

    • Using genetic information to discriminate against an individual in hiring, firing, compensation, promotions and other employment decisions.
    • Acquiring genetic information about applicants or employees except in narrow circumstances.
    • Disclosing genetic information to others except as specified by the statute.
    • Retaliating against individuals who exercise their rights under GINA.

    The EEOC's regulations regarding GINA are scheduled to be released soon, at which time Leonard, Street and Deinard will provide more detailed information regarding the statute and regulations. In the meantime, employers can prepare for the November 21, 2009, effective date of GINA by:

    • Revising EEO policies to include prohibitions against discrimination based on genetic information.
    • Posting the new EEOC poster.
    • Training managers and human resources professionals, including recruiters, on the requirements of GINA.
    • Reviewing employment-related medical examination procedures (including pre-employment, fitness-for-duty and other employer required exams) to ensure that family medical history or other genetic information is not being sought.
    • Reviewing procedures for maintaining and releasing medical information.