Employers: Required Federal Postings for Job Applicants

All employers are required to display three federal postings visible to job applicants.

Are you missing a key component of posting compliance in your business?

Depending on how your company manages job applicants, you may be missing three required Federal labor law postings that must be accessible to job applicants:

  • Equal Employment Opportunity is the Law
  • Family and Medical Leave Act (FMLA)
  • Employee Polygraph Protection Act (EPPA)

The ubiquitous requirement for “conspicuous location” comes into play here. If your labor law postings are in an area not accessible to job applicants, that location would not satisfy the conspicuous location requirement.

For example, many companies display workplace postings in break rooms or on bulletin boards next to time clocks, or in manager’s offices. But if an applicant never makes it past the reception area into area where posters are displayed, then the postings are not in a conspicuous location for applicants.

How to Meet Federal Requirements for Applicant Postings

  • Determine where applicants typically fill in and/or submit job applications at a physical location.
  • Determine if labor law posters are visible and accessible (in other words, “readable”) for job applicants.
  • If not, display the three required postings.

GovDocs offers a convenient 3-on-1 laminated posters containing the required postings for applicants. Subscribers to this blog can save 20% on all compliance poster purchases, including the GovDocs Federal Applicant poster, using coupon code BLOG20.

Focus on EEO is the Law Posting for Job Applicants

For the EEO is the Law posting, employers are encouraged to post the electronic notice on their web sites in a conspicuous location. However, electronic posting does not fulfill the obligation to physically post the required information.

Additionally, physical versions must be visible and accessible to applicants and employees with disabilities that limit mobility.

E-Verify and Right-to-Work Applicant Posting Requirements

If not, display the three required postings. If your locations participate in the E-Verify program, your participating locations will have to display the E-Verify postings “in a location that is clearly visible to any employees and applicants who will have their employment eligibility verified with E-Verify.” The posting must be displayed in English and Spanish.

Where poster display is not feasible, the employer must provide all applicants with copies of the E-Verify notices in English and Spanish with application materials.

Want Even More Information About Federal Posting Requirements?

Download the free GovDocs Federal Posting Guide to learn more about Federal postings. The Guide describes each Federal posting’s content, for whom it’s required, and the posting requirements. The Federal Posting Guide includes guidance for:

  • Postings Required for All Employers
  • Postings for Applicants
  • Federal Contractor Postings
  • Federal Construction / Transportation Projects
  • Postings by Industry / Worker Classification

Employee Fired for Postpartum Depression

An employee who provided customer assistance to healthcare patients and pharmacists soon found herself in need of an advocate for her own disability case.

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A Reimbursement Case Advocate, Meron Debru, informed her employer (The Lash Group Inc.) of her pregnancy and requested short-term disability leave for the birth of her child. Her doctor was concerned that Debru was suffering from postpartum depression and did not release her to return to work, and for nearly five months after her short-term disability ended, she was unable to work because of the postpartum depression, which is considered a disability related to childbirth and is protected by the Americans with Disability Act (ADA).

The company filled Debru’s position about three months into her leave and sent her a letter of termination, stating that she had exhausted her FMLA leave and because she had taken more than six months’ leave, which was not true. Debru protested to the human resources manager, and the company sent a new letter stating that she had exhausted her allowable FMLA leave, but that she could apply for other open positions with the company.

She was released to return to work by her physician and was forced to compete for vacant positions. After applying for three positions for which she was qualified, the company still had not hired her, and they once again formally terminated her.

The EEOC took on Debru’s case (EEOC v. The Lash Group) and won. They proved that the company had refused to provide a reasonable accommodation to an employee with postpartum depression and instead fired her because of her disability.

(To be clear, the ADA does not classify pregnancy as a disability under the ADA, but any pregnancy-related disabilities, such as postpartum depression, are considered disabilities for which employers must provide reasonable accommodation).

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Lessons Learned from EEOC v. The Lash Group

  • Employers must provide reasonable accommodation to women who experience pregnancy-related disabilities.
  • Reasonable accommodation can include the extension of unpaid leave or transferring the employee to a vacant position for which she is qualified.
  • Forcing an employee to try to find a new position within the company on her own does not meet an employer’s obligation to provide a reasonable accommodation.
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Case Outcomes from EEOC v. The Lash Group

Monetary fine: $75,000

Employer must:

  • Provide reasonable accommodation going forward.
  • Revise its family and medical leave and short-term disability benefits policies and procedures to address reasonable accommodations.
  • Notify employees that they may be entitled to a reasonable accommodation (including unpaid leave) and how to request such an accommodation.
  • Provide training on the ADA and reasonable accommodations to human resources personnel, leave coordinators and managers.
  • Report to the EEOC on how it handles future reasonable accommodation requests.
  • Post a notice regarding the resolution of this lawsuit.

What is Postpartum Depression?

The symptoms of postpartum depression are more intense than the “baby blues” that many new mothers experience. Approximately 15% of all new mothers experience a more intense sort of “baby blues” known as postpartum depression whose symptoms may include:

  • Loss of appetite
  • Insomnia
  • Intense irritability and anger
  • Overwhelming fatigue
  • Loss of interest in sex
  • Lack of joy in life
  • Feelings of shame, guilt or inadequacy
  • Severe mood swings
  • Difficulty bonding with the baby
  • Withdrawal from family and friends
  • Thoughts of harming self or baby

Untreated, postpartum depression may last for many months or longer.

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