It’s one of the most recognizable labor law postings in the U.S.
And it’s about to change.
Issued by the Equal Employment Opportunity Commission (EEOC), the Equal Employment Opportunity is the Law posting describes Federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability or genetic information. The poster also explains how an employee or applicant can file a complaint for cases of workplace discrimination.
EEO Posting Changes
The GovDocs Research Department has confirmed with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) that 2013 revisions to the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) will require revisions to the Equal Employment Opportunity is the Law posting required for all U.S. employers.
Additionally, an Executive Order (E.O. 13672) from President Obama includes new classes protected from discrimination by Federal Contractors may require the EEOC to update the language in at least the Federal Contract section of the EEO posting.
- Section 1 amends Executive Order 11478 to include gender identity as a new protected classification.
- Section 2 amends Executive Order 11246 to include sexual orientation and gender identity.
EEO Changes and Timeline
The OFCCP informed GovDocs that the posting may include a revision to the existing Federal Contractor section on the posting that would include language about the VEVRAA revisions. The OFCCP estimated that the EEOC and the OFCCP would release the revision in early to mid-2015. The Department of Labor’s VEVRAA Frequently Asked Questions page included the following guidance for Federal Contractors:
Will the “EEO is the Law” poster be revised in light of the new regulations? If so, should contractors stop using the current poster now that the new regulations are effective?
It is likely that the “EEO is the Law” poster will be revised in light of changes in the new regulations; for example, the new poster will reflect the change in the terminology used to describe the veterans protected by VEVRAA. Even though OFCCP is working with the Equal Employment Opportunity Commission (EEOC) to revise the poster, contractors should continue using the existing poster.
Will All Employers Be Required to Display the Revised EEO Poster?
The EEO poster is required for all employers to display, but the anticipated 2015 revision affects only Federal contractors. It’s safe to say that all Federal contractors will be required to display the revised EEO poster once it’s released, but GovDocs will confirm with the EEOC whether employers who do not hold federal contracts need to display the revised version.
What Changed in VEVRAA?
In general, employers holding contracts with the U.S. government will need to:
- Establish hiring benchmarks for protected veterans.
- Track the number of veterans who apply for jobs and the number of veterans they hire.
- Invite Protected Veterans to Self-Identify.
- Incorporate the EO Clause in job openings.
- Keep records.
Federal contractors wishing to learn more about VEVRAA requirements for recruiting, hiring, and promoting protected veterans under the Act should consult the DOL’s presentation regarding the VEVRAA Final Rule.
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