Where all to post posters?
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I read a synopsis of a recent legal case (in fact, I think it was in the latest HRHero newsletter) regarding a job applicant who sued for age discrimination - that he was not offered the job due to his age. However, he didn't make his claim until after the allowed period of time as dictated by ADEA, so his claim was rejected. He appealed based on the fact that he wasn't aware of the time limit. The employer ultimately won because the ADEA posters were prominently displayed in areas that the applicant would have seen.
My question is that we have our legal posters in the break rooms, accessible for all employees, but not necessarily so for applicants. I'm wondering if I should add a bulletin board for legal notices outside of our HR offices to ensure that job applicants can see the notices. I looked on DOL site to see if there's any specific guidance, but the only reference they make is that the posters have to be available for viewing by employees.
What do you do?
My question is that we have our legal posters in the break rooms, accessible for all employees, but not necessarily so for applicants. I'm wondering if I should add a bulletin board for legal notices outside of our HR offices to ensure that job applicants can see the notices. I looked on DOL site to see if there's any specific guidance, but the only reference they make is that the posters have to be available for viewing by employees.
What do you do?
Comments
We don't really have an area for applicants to just come in and fill out applications. Applicants only come up to our office if they're here for an interview. But I like the suggestion of having posters displayed right outside our office to ensure we're well covered.
Our posters are located where applicants complete the application. In addition to required State and Federal posters, we post our E.O.E. statement - bordered and in bold print. Our staff is trained against discrimination.
If an older applicant, a female, a minority, or any person in any protected class asks what positions are available, I note them all. I never assume that an older female would not be interested in becoming a Police Officer or that a male would not be interested in applying for clerk. It's become second-nature to me.
And yes, it's possible for an applicant who does not get interviewed to file a claim of discrimination. We can do math. If a person graduated from high school in 1970, they're certainly over 40 - a protected class.
I read of a case where (where else but New Jersey) an applicant in her 20's filed a discrimination claim because the firm hired someone in their 40's instead of her. I believe New Jersey now has a class protection for applicants in their 20's.
And the beat goes on . . . . .
Thanks for the input. I believe I will order a bulletin board pronto to get the required postings displayed here to ensure we're covered. Better to be safe and thorough, than sorry.
The subject of required posters and where to place them can be a real bothersome and tricky one for an employer. Some posters are required to be posted where all employees might reasonably be expected to see them in the course of their duties, like the breakroom area or lunchroom. Some posters must be displayed in a fashion so as to make them available to potential program participants or prospective recipients of state or federal funds. It is also true that vendors and visitors and contractors to the premises are subject to the provisions of the company's sexual harassment policy and procedure, so that raises the question of where should those be posted. There is also the OSHA requirement that certain notices be conspicuously in the work area and you have visitors exposed to the hazards related thereto as well as employees.
It occurs to me that there is no way on earth to for certain display every federal and state notice and policy so as to expose every potential claimant, recipient, beneficiary or interested party to it. We post the 5-in-1 at the front lobby and in the break area. We post the rest somewhere where we don't already have something else posted.
The use of the terms 'program participants' and 'recipients' is not intended to defame any person. The word 'sexual' is used in the context of federally prohibited sexual harassment and has no other meaning.
"The employer furnishing this application offers no assurance whatsoever that submitting same will or might result in your employment. The employer complies with all state and federal laws and applicable regulations including the posting of all required posters and notices on the premises thereof. Said posters, notices and regulations may be viewed during normal working hours at our facility located at 1121 Broadfanny Lane, Tiltwater, Kansas. Complaint forms are also available at that address."
My application doesn't ask for age, graduation dates, military service dates, etc. - so how would an employer with a similar type of application even know the age? Since my application doesn't ask & my application has a disclaimer signed by the applicant, which among the rest of the disclaimers, states, "I understand that this employer does not unlawfully discriminate in employment and no question on this application is used for the purpose of limiting or eliminating any applicant from consideration for employment on any basis prohibited by applicable local, state, or federal law." I'm not going to post a poster in our lovely front area - it's covered on the application. Just my thoughts.
I like your idea in the earlier post and am going to incorporate that language in the disclosure that accompanies our application.
Nell
Another example. . if I listed my VISTA experience on a resume I am sure if anyone even knew what it was they would know I was no spring chicken and might have worked for Jimi Hendricks.
I remember Jimmy Hendrix, and was working at my dad's shoe store at the time (it sucked).
I do not qualify for any sr. card - yet.
The above is not intended to offend anyone of any particular generation or religion. The use of the word 'sucked' has no meaning other than to reflect the message of the penultimate poster. I am in no way responsible for the people who are scratching their heads wondering who Hendrix was. But he "waren't no" Justin Timberlake.
"It is also not true that employers in Texas and Oklahoma are required to have in the lobby one of those brass boot-puller things that sit by the door of most farmers."
But isn't there a requirement for brass spittoons? x:-/
Just kidding, just kidding ... [please insert appropriate disclaimer that Don D writes much better than I do]x0:)
And Don, it was the job th-down - not Hendrix th-up . It was terrible embarrassing for a 7th grader in '68 to have your parents own and you work at a shoe store whose slogan was, "Man alive, two for five." I tried to bring up child labor laws, but I don't think it was the era for it.
I vote for "All Along the Watchtower."
I was getting confused with the thread and wondered if it was a requirement, a suggestion, a good idea or other. Thanks for clearing it up!