Labor Law Poster Glossary

Age Discrimination

Discriminating against an employee, applicant, or former employee who is 40 years old or older. This can include:

  • Treating the person less favorably because of age, and/or
  • Using an employment policy or practice that has a negative effect on the person (and is not based on a reasonable factor other than age).

Information about employee protection from age discrimination is on the Equal Employment Opportunity is the Law (EEO is the Law) posting.

 

Americans with Disabilities Act (ADA)

Prohibits employers from discriminating against individuals with disabilities. It covers businesses with 15 or more employees.
Information about the ADA is on the Equal Employment Opportunity is the Law (EEO is the Law) posting. This posting must be visible to both applicants and employees.

 

Applicant Information Poster

A poster containing the three federal postings that must be visible to applicants for employment:

  • Equal Employment Opportunity is the Law,
  • Employee Polygraph Protection Act (EPPA), and
  • Family and Medical Leave Act.

If an employer interviews job candidates in an area where labor law posters are not displayed, the Applicant Information Poster may be displayed to make the applicants aware of employment law rights.

Charge Process

After a charge of discrimination is filed, the Equal Employment Opportunity Commission (EEOC) goes a specific charge process. It can include these steps:

Notification: The EEOC notifies you that a charge has been filed against your business. It requests:

  • An explanation for the claims in the charge (this is called a position statement) or
  • Responses to specific questions (in a request for information)

Mediation or settlement: The EEOC may ask if you would like to mediate or settle the charge.
Continued investigation: If the charge isn’t resolved, the EEOC investigation continues.
Determination: After an investigation, the EEOC determines whether discrimination occurred.
Resolution: If the EEOC determines discrimination occurred, the EEOC tries to resolve the charges through conciliation.

  • If conciliation does not work, the EEOC may file a lawsuit, or give the person who filed the charge permission to file a lawsuit.

If no discrimination occurred, the EEOC charge is dismissed.

  • The person who filed the charge can still file a lawsuit.

 

Color Discrimination

Discrimination against an applicant, employee, or former employee because of his or her:

  • Skin color
  • Pigmentation
  • Complexion
  • Skin shade or tone

Color discrimination can include unfavorable treatment because a person is married to or associated with a person of a certain color. It can also include a policy or practice that has a negative effect on employees of color and isn’t related to the job or necessary business operations.
Information about this employment protection is on the Equal Employment Opportunity is the Law (EEO is the Law) posting.

 

Compliance

Following a law or laws; conforming to the law’s requirements. Being in compliance with posting requirements involves posting the most recent mandatory version of a posting in a place where it is visible to employees.

Department of Labor (DOL)

A federal agency with oversight over worker benefits, rights, and working conditions.
This federal agency is in charge of the Fair Labor Standards Act (FLSA), Employee Polygraph Protection Act (EPPA), Family and Medical Leave At (FMLA,) and Occupational Safety and Health Act (OSHA) postings.

 

Disability Accommodation

Making a change to the way things are done at work to help an applicant or employee with a disability perform a job-related activity.

 

Disability Discrimination

Treating an employee less favorably than another employee because of that employee’s disability. It also includes treating an employee less favorably because an employee has had a disability, or because an employee is perceived to have a disability.
Information about this employment protection is on the Equal Employment Opportunity is the Law (EEO is the Law) posting.

 

Discrimination

Treating an employee or applicant less favorably than others. Employment laws prohibit discrimination on the basis of race, color, sex, disability, religion, national origin, age, and genetic information.
Information about an individual’s protection from discrimination is on the Equal Employment Opportunity isthe Law (EEO is the Law) posting.

 

Discrimination Charge

A formal complaint of employment discrimination. It may be filed with:

  • The U.S. Equal Employment Opportunity Commission (EEOC)
  • A Fair Employment Practices Agency (FEPA)
  • A state agency
  • A local agency

E-Verify

An online system that allows employers to confirm that an employee is eligible to work in the United States.
An employer enrolled in E-Verify must download and post the E-Verify and Right-to-Work posters from the E-Verify website. Both the English and Spanish versions of the posters must be displayed.

 

EEO-1 Report

A federal law prohibiting most private employers from using lie detector tests during pre-employment screening or during employment.
Information about this employment protection is on the Employee Polygraph Protection Act (EPPA) posting. This posting must be visible to both applicants and employees.

 

Employment Law Poster

See Labor Law Poster.

 

Equal Employment Opportunity Commission (EEOC)

This federal agency enforces laws that prohibit employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age, and genetic information. In addition, the laws the EEOC enforces prohibit retaliation.
This agency is responsible for the text on the Equal Employment Opportunity is the Law (EEO is the Law) posting.

Fair Labor Standards Act (FLSA)

A federal law establishing minimum wage overtime, recordkeeping, and youth employment requirements.
Information about the law is on the Fair Labor Standards Act (FLSA) Minimum Wage poster.

 

Family and Medical Leave Act (FMLA)

This federal law requires covered employers with 50 or more employees to allow eligible employees to take unpaid, job-protected leave for reasons relating to family and medical issues.
Information about this employee protection is on the federal FMLA poster.

Genetic Information

Information from a genetic test or information in a person’s family medical history. This information could be used to determine whether a person is at increased risk of getting a disease. It is illegal to discriminate against an employee or applicant because of genetic information.

 

Genetic Information Discrimination

Treating an individual less favorably because of:

  • Something shown on a genetic test,
  • Something in his or her family medical history,
  • Genetic services,
  • Genetic information about a fetus or embryo.

Information about an individual’s protections from genetic information discrimination is on the Equal Employment Opportunity is the Law (EEO is the Law) posting. This posting must be visible to both applicants and employees.

Harassment

Conduct that is unwelcome, and which happens so often or is so severe that it creates a work environment that is hostile or offensive. Harassment also includes unwelcome conduct resulting in a negative employment action, like being fired or demoted.
Federal law prohibits harassment based on:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy, sexual orientation, and gender identity)
  • National Origin
  • Disability
  • Age (40 and over)
  • Genetic information

Harassment is a type of employment discrimination. Information about an employee’s protection from discrimination is on the Equal Employment Opportunity is the Law (EEO is the Law) posting. This posting must be visible to both applicants and employees.

Labor Law Poster

Printed information posted in the workplace which makes employees aware of their rights under employment laws. A labor law poster contains a group of related postings, such as federal, state, or local postings.

 

Labor Law Posting

Printed information about an individual labor law that is posted in the workplace. A Labor Law Poster includes a number of postings.

 

Liability

An employer’s responsibility for an illegal activity.

Mandatory Posting Change

An update to a labor law poster where the new version is required to be displayed. The previous version is no longer in compliance.

 

Minor Posting Change

An update to a labor law poster where the previous version remains in compliance. The new version may be displayed, but it is not required.

National Labor Relations Act (NLRA)

A federal law protecting the right of employees to form unions and engage in collective bargaining.

 

National Origin Discrimination

Treating an applicant or employee less favorably because the person comes from a certain country, has a foreign accent, or appears to have a particular ethnic background.
Information about an individual’s right to be free from national origin discrimination is on the Equal Employment Opportunity is the Law (EEO is the Law) posting. This posting must be visible to both applicants and employees.

 

Notice

Information about employment rights that is given to employees.

Occupational Safety and Health Administration (OSHA)

This federal agency ensures that workers have safe and healthful working conditions. OSHA oversees the Job Safety and Health: It’s the Law! poster.

 

Office of Federal Contract Compliance Programs (OFCCP)

The federal agency enforcing compliance for federal contractors and subcontractors.

 

OSHA 300-A Summary Form

A federal form summarizing work-related injuries and illnesses. If you have 10 or more employees in the previous year, you must post the OSHA form 300A (Summary of Work-Related Injuries and Illnesses) from February 1 through April 30 of the year following the year covered by the form.

 

Overtime

Pay received by covered nonexempt employees for hours worked over 40 in a workweek. Overtime is paid at a rate of not less than 1½ times the regular pay rate.
Information about overtime is on the Employee Rights under the Fair Labor Standards Act (FLSA) posting.

Paid Sick Leave

Paid time off for reasons relating to medical issues. Some states and cities have paid sick leave laws. These laws often include a posting requirement.

 

Pay Discrimination

Giving an employee or employees a lower level of pay based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 and above), disability, or genetic information.

 

Posting Requirement

The section of a law requiring an employer to display a poster in order to make employees aware of their rights under the law. More than 350 federal, state, and local laws include posting requirements. Employers must display the postings that are required by the laws that apply to them.

 

Pregnancy Discrimination

Treating an employee or applicant less favorably because of:

  • Pregnancy
  • Past pregnancy
  • Potential or intended pregnancy
  • Childbirth
  • A medical condition related to pregnancy or childbirth

Pregnancy discrimination is illegal. Information about an individual’s protection from pregnancy discrimination is on the Equal Employment Opportunity is the Law (EEO is the Law) posting (under sex discrimination). This poster must be visible to both applicants and employees.

Race Discrimination

Treating an employee or applicant less favorably than others because a person is a particular race or has characteristics associated with a particular race. It also includes treating an employee or applicant differently because of this.
Information about this employment protection is on the Equal Employment Opportunity is the Law (EEO is the Law) posting. This poster must be in a location where both applicants and employees can see it.

 

Religious Accommodation

Making a change to the way things are usually done in the workplace to allow an applicant or employee to practice or observe a religion.

 

Religious Discrimination

Treating an employee or applicant less favorably because of:

  • Religious beliefs, or
  • Association with a person of a particular religion

Information about this employment protection is on the Equal Employment Opportunity is the Law (EEO is the Law) posting. This poster must be in a location where both applicants and employees can see it.

 

Retaliation

Taking a negative employment action against an employee or applicant, or treating the applicant or employee less favorably, because of:

  • A discrimination complaint,
  • Filing a discrimination charge with the EEOC,
  • Participating in a discrimination investigation or lawsuit,
  • Opposing discrimination.

Sex Discrimination

Treating an applicant or employee because of the person’s sex. Sex discrimination also includes treating a person unfairly because of pregnancy, sexual orientation, or gender identity, or because of an association with an organized group associated with people of a particular sex.
Information about an employee’s protection from sex discrimination is on the Equal Employment Opportunity is the Law (EEO is the Law) posting. This posting must be placed in an location where both applicants and employees can see it.

 

Sexual Harassment

Unwelcome conduct based on a person’s sex. The conduct is so severe or frequent that it creates a hostile or offensive work environment. They can also result in a negative employment action. This conduct includes:

  • Offensive comments,
  • Unwelcome sexual advances, and
  • Unwelcome requests for sexual favors,
  • Other offensive conduct based on sex.

Sexual harassment can also include unwelcome conduct or comments based on pregnancy, sexual orientation, or gender identity.

Unemployment Insurance

A program providing money for workers who become unemployed through no fault of their own. Each state sets is own eligibility requirements for collecting unemployment. Companies must post state unemployment insurance postings.

 

Uniformed Service Employment and Reemployment Rights Act (USERRA)

This law gives a person the right to return to a civilian job if the person leaves that job for uniformed service. This law is overseen by VETS.
Information about this employment protection is on the USERRA posting.

Wage

The lowest pay rate an employer is allowed to pay. The federal minimum wage is $7.25 per hour. Many states and cities have a minimum wage that is higher than the federal rate. Information about the federal minimum wage is on the Employee Rights under the Fair Labor Standards Act posting.

 

Wage Theft

Denying an employee wages or benefits that are owed to the employee. Some states and cities have wage theft laws.

 

Workers’ Compensation

State programs providing benefits to workers who are injured at work or who acquire an occupational disease. Most have workers’ compensation posting requirements.

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