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New Required EEO Poster Content and Genetic Nondiscrimination Regulations

Labor & Employment Law Alert Marian M. Zapata-Rossa

The Equal Employment Opportunity Commission ("EEOC") has recently issued a revised workplace notice for use by employers covered by federal civil rights and anti-discrimination laws. The new notice reflects the requirements of the Genetic Information Nondiscrimination Act ("GINA"), which take effect on November 21, 2009, as well as the changes made by the ADA Amendments Act ("ADAAA"), which took effect on January 1, 2009. The revisions include information regarding GINA's ban on employment discrimination based on an individual's genetic information, and updates that broaden the definition of "disability" under the ADAAA.

The EEOC requires covered employers to post the revised workplace notice. Failure to properly post exposes employers to potentially hefty fines (up to $10,000). Employers may comply in one of two ways:

  1. posting the "EEO is the Law Poster Supplement" alongside the 2002 version or OFCCP's August 2008 version, or
  2. simply posting the new, complete November 2009 version.

Fortunately, the required posters are available for free. For a copy of the supplement, go here. For a copy of the new November 2009 version, go here. The posters may also be obtained in Spanish, Chinese, and Arabic by visiting

Upon the expected publication later this month of the final EEOC regulations governing Title II of GINA, we will provide an additional alert, with comprehensive coverage of the EEOC's regulations, as well as guidance regarding the proposed Title I GINA regulations that were issued in October. Taken together, these GINA regulations will significantly affect how employers conduct open enrollment and administer voluntary wellness plans.

For additional information on the required new EEO poster content, or if you have questions regarding GINA's regulations in the interim, please contact Marian Zapata-Rossa at 602-229-5447 / [email protected], any other member of the Quarles & Brady Labor and Employment group or your Quarles & Brady attorney.