Which federal employment posters must be seen by applicants, and how should an employer comply with this requirement?
There are three federal employment law posters that must be available to applicants: the FMLA poster, the Equal Employment Opportunity (EEO) poster and the Employee Polygraph Protection Act (EPPA) poster.
These posters should be displayed in areas frequented by applicants, such as the employer's front lobby or interview room.
As many applicants now apply online or are interviewed and even hired without in-person interviews, it may be difficult for employers to know how to comply with this posting requirement. The U.S. Department of Labor (DOL) offers this guidance:
Additional guidance for electronic postings can be found in Field Assistance Bulletin 2020-7."Most of our poster regulations were written before the Internet was used for job postings. Until the regulations are revised, please place a prominent notice on the website where the job postings are listed stating that "Applicants have rights under Federal Employment Laws" and link to the three posters: Family and Medical Leave Act (FMLA) Poster (FMLA regulations were revised to allow for electronic posting as long as such posting otherwise meets the requirements of the regulations.); Equal Employment Opportunity (EEO) Poster; and Employee Polygraph Protection Act (EPPA) Poster. Please note, however, that posting the notice on the employer's website in this manner is not a substitute for posting these EEO posters in conspicuous places on the employer's premises where otherwise required."
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