EEOC Requires All Workplace Poster to be Updated to New Change

Updated: November 05, 2009

The Equal Employment Opportunity Commission (EEOC) has issued a mandatory change notice in the Employment Notices Poster must be posted by November 21.

The mandatory change is required by the Genetic Information Nondiscrimination Act (GINA), signed by President George W. Bush on May 21, 2008. Employers must begin to comply with GINA on November 21. To download this form, click here.

On October 22, 2009, the content of the posting was provided by the EEOC as a supplement to the current version of the EEOC poster, dated August 2008.

Last spring, the EEOC sought comments on regulations, including a new posting. The comment period is over, but the regulations have not yet been finalized. Even if the regulations are not finalized on or before November 21, employers must still begin complying with the law and post the required posting.

According to a white paper prepared by the Executive Office of the President, Office of Management and Budget, GINA is designed to prohibit the improper use of genetic information in health insurance and employment. GINA prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on a genetic predisposition to developing a disease in the future. The legislation also bars employers from using individuals' genetic information when making hiring, firing, job placement or promotion decisions.

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