Getting to Know the EEO Is the Law Poster Supplement

What is the EEO is the Law Poster?

The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing the nation’s employment anti-discrimination laws. The EEOC’s regulations require employers with at least 15 employees to conspicuously display the EEOC’s poster, commonly known as the "EEO is the law poster," in areas of the workplace where other notices and information about employee rights are usually placed. The EEOC maintains a webpage where employers can access the poster and download it.
In addition to covering federal anti-discrimination laws, the EEO is the Law poster also includes information about federal laws that prohibit job discrimination because of race, color, religion , sex, national origin, age (40 or older), disability or genetic information. The poster and regulations require employers to post one version of the notice of federal employee rights; however, the EEO is the Law poster has been formatted and translated into a variety of languages. Employers should post a copy of the poster in any language fluently read by ten or more percent of employees at their worksite.
State and local laws also require employers to post a similar collection of notices informed by state and local anti-discrimination laws. Federal, state and local employment laws are frequently changed, and employers must ensure that these collections of notices are kept current and intact.

Purpose of the EEO Poster Supplement

The EEO Is the Law Poster supplement is an additional required piece of information that is required to be posted. The EEO Is the Law Poster supplement is a companion to the EEO Is the Law Poster and provides additional information on the rights provided to federal employees by the Genetic Information Nondiscrimination Act (GINA) and the Employee Retirement Income Security Act (ERISA). The EEO Is the Law Poster supplement was implemented in 2011 to include GINA. Like the proposed Equal Employment Opportunity Commission (EEOC) regulations amending anti-discrimination laws to provide for prohibitions against discrimination related to protection of genetic information, the Supplement was made necessary in order to more fully inform employees of their Federal anti-discrimination rights. Because GINA contains very few exemptions, all Federal employers must provide the Supplemental poster. The Supplement includes a brief summary of GINA and its requirements on the poster. The EEO Is the Law Supplement also gives general summation of other discrimination provisions of federal law that applies to States, local, and private employers with over 15 employees. The information provided informs employees of their rights under ERISA and also provides information on how to file a complaint of discrimination under both Federal laws. The EEOC also has explanatory information on its website regarding both the EEO Is the Law Supplement, and GINA.

Who Must Post the Supplement?

Understanding the EEO Is the Law Poster Supplement
Any Federal contractor, subcontractor, and federally-assisted construction contractor and subcontractor (i.e., any contractors and subcontractors holding a Federal government contract or subcontract made or modified on or after December 1, 2009, in an amount of $10,000 or more); labor organizations; employment agencies; and joint labor-management committees of which one or more employers are members; and covered nonfederal government employers are required to display this supplement.

Supplement Key Updates

Several key additions and revisions were included in the supplement:
Extensions of Existing Regulations
The supplement clarifies that discrimination protections based on sexual orientation and gender identity extend to federal contractors, amending regulations at 41 CFR §§ 60-1.4 and -300.4 that define what constitutes unlawful discrimination.
The promotion of pay transparency is now referenced in this amended definition of unlawful discrimination, specifically prohibiting federal contractors from "any act, policy, or practice" that has "the effect of excluding, dissuading or otherwise discouraging self-identification of individuals with disabilities or of applicants or employees who are members of any other group with the intent or effect of limiting their access to job opportunities or benefits," 41 CFR § 60-1.4. The definition includes additional language that prohibits federal contractors from discriminating against "individuals because they cooperate or refuse to participate in any investigations, hearings, lawsuits or any other activity authorized by" the Equal Employment Opportunity Commission, 41 CFR § 1602.4.
New Protected Categories
The addition of sexual orientation and gender identity as protected bases also extends to protections against contractors’ discrimination or "retaliation" based on these classifications, currently stated as "prohibiting . . . action against applicants or employees or former employees . . . because they have engaged in protected activity" in connection with such classifications, 41 CFR § 60-1.4.
Changes to the definition of "disability" and "covered disabilities" will include these two additional protected classifications, sexual orientation and gender identity, extending coverage of the Americans with Disabilities Act Amendments Act. New criteria have also been added to the definition of "disability" and "covered disabilities," including but not limited to impairments of memory, neurological housekeeping functions such as hearing and seeing, and digestive and reproductive functions. 41 CFR § 60-300.2.
Federal contractors are prohibited from taking discriminatory actions against applicants or employees because they are "members of a different race, color, religion, sex, or national origin than those of others with whom they associate in informal and/or business relationships," 41 CFR § 60-1.4.
The definition of unlawful discrimination under the regulations prohibits any contractor from taking retaliatory adverse employment action, such as "demotion or denial of promotion" against any current or former employee who has discussed or disclosed his or her compensation or the compensation paid to others, such as co-workers, 41 CFR § 60-300.4.
Protection Against Harassment
Existing protected classes have been expanded in the supplement to include harassment. It is now considered an unlawful employment practice alleging that a federal contractor "has taken an adverse action against an employee because the employee has engaged in conduct protected by equal employment opportunity (EEO) laws," 41 CFR § 60-1.4.

Where to Obtain the Supplement

Employers can obtain a copy of the EEO Is the Law Poster Supplement for download directly from the EEOC website; hard copies may also be obtained from the website. The website includes several versions of the Supplement, including a version that has been modified for use with the State of Maryland. Employers may also find resources on the website for downloading or ordering the EEO Is the Law Poster itself.
The website requires a small amount of basic information about your company in order to order a poster or supplement, but allows you to customize the poster with your company name and address . Once the information is submitted, the desired document is printed and mailed to you free of charge.
Remember, however, that you are never required to use the EEO Is the Law Poster or Supplement supplied by the EEOC. Many employers opt to purchase high-quality posters from private vendors that offer a wider variety of posters and supplements for all manner of federal, state and local employment law requirements.

Penalties and Compliance

Compliance with the EEO Poster and Related Supplement
It is important for employers to comply with the requirement that the EEO Is the Law poster and Supplement be included in their employee notification materials. As mentioned above, the OFCCP is actively enforcing the EEO notice and posting requirements of Executive Order 11246, Section 503, and VEVRAA. Contractors may be subject to audits of their EEO compliance, and the OFCCP is reviewing contractors’ compliance with the OFCCP’s notice and posting regulations. Employers are required by law to notify their employees (and applicants) of their actions taken to ensure nondiscrimination and affirmative action are followed. Failing to notify employees of their rights can be a serious violation, and one that the OFCCP takes very seriously.
Contractors who do not post the EEO Is the Law poster and Supplement may be subject to penalties such as debarment.

Supplement Posting Tips

Ensure that the EEO is the Law Poster and Supplement are displayed properly
• In addition to displaying the EEO is the Law Poster, employers must distribute the EEO is the Law Supplement to employees. The supplement is available in 12 languages.
• If an employer has fewer than 100 employees, or if all of the employer’s operations are outside of the U.S., the employer may merely distribute paper copies of the EEO is the Law Supplement. However, if an employer has 100 or more employees and any operations within the U . S., the employer must distribute the EEO is the Law Supplement electronically, by posting it on the employer’s intranet. 29 C.F.R. § 1602.30(b), (c).
• The EEO is the Law Poster and Supplement must be conspicuously displayed at the employer’s headquarters in an area accessible to employees and applicants in the workplace and where other personnel policies and related information are located. Personnel offices, employee lounges and other places where notices customarily are posted.