In preparation for compliance with OFCCP’s new regulations, we recommend updating your company’s EEO Policy Statement by March 24th, 2014. The major change needed is that the policy must indicate the support of your organization’s top U.S. executive. While making this update isn’t technically required until the start of your next AAP cycle after 3/24/2014, there are requirements for posting EEO notices that make doing this now a good idea. If you’re going to be updating where and how you post these notices, you might as well use an updated version.
Indicating the support of your top U.S. executive does not necessarily mean that they sign the document. The signer can be your head of HR or EEO coordinator. We expect many companies will simply choose to have the top executive as the signer.
You’ll want to post this policy statement wherever you post company policies or EEO notices. This could include bulletin boards, intranets, and policy manuals. Our sample follows OFCCP’s recommended format.
EEO is the Law Postings
Federal contractors covered by Section 503 of the Rehabilitation Act are also required to post the EEOC’s “EEO is the Law” poster. Currently, this should at least be posted in places where employees or applicants would congregate. Many companies meet this requirement by posting on break room bulletin boards or in the reception areas of their offices. The new regulations also allow for electronic posting of the notice. Electronic posting will only be satisfactory if the contractor provides computers to employees or has “actual knowledge” that an employee can access the poster electronically.
Under the new regulations, companies are required to ensure that the poster is made available in a form that is “accessible and understandable” to individuals with disabilities and disabled veterans. This could include providing the poster in Braille or large print formats. Both of those formats can be requested from the EEOC. This kind of reasonable accommodation only needs to be made when requested by an employee or applicant, or when the contractor knows that an applicant or employee cannot read the poster due to a disability. You could also proved the notice in audio format.
Contractors will need to “conspicuously store” the EEO is the Law poster with, or as part of, an electronic application. The intent of this new requirement is to ensure that job seekers applying through electronic means are informed of their rights. This doesn’t mean you have to keep a separate copy of the poster with each application received. If you use an online or other electronic application system, you can satisfy this requirement by providing a prominent link to the poster with a brief description of the poster. Here’s an example of what that could look like:
Applicants to and employees of this company are protected under Federal law from discrimination on several bases. Follow the link above to find out more.