Where all to post posters?

AJ SPHR

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?

HCCADC

I read that also. We have ours by a front entrance that people are suppose to come in, but that doesn't always happen. It is in a common area. I think the article said that there wasn't any regulations on where to post, but they suggested to have it in an area that all could see. That article was a bit scary and I was thinking of putting the postings by all our entrances too. Have a good day!

Whirlwind

In addition to various employee locations around our campus, we have a bulletin board with a complete set of federal and state posters right next to the table where people complete applications.

sonny

We also have a bulletin board in HR by the table where folks can fill out applications. This makes me think though, I mail out many applications that are also returned by mail. Don't know how you can cover that!?

AJ SPHR

Sonny, in the case that was described in HRHero, it sounds like the employee filed an age discrimination claim after being interviewed. Could someone feasibly file a discrimination claim for not being selected for a job if they only completed and submitted an application but were never hired? I guess anything is possible. The day is fast approaching when it may make sense to make up little mini-posters in a brochure that you give or mail to each applicant, to ensure they have access to all applicable laws and regulations so they are duly notified of their rights and protections.

AJ SPHR

Thank you both. Yes, I also thought that article was a little scary and while it seems to not be "required" to have posters right here, in that case it provided a valuable defense.

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.

System

AJ,

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 . . . . .

AJ SPHR

Unbelieveable .. 20 somethings are protected class? #-o

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.

Don D

This post contains no condescending or rude remarks and is posted with the understanding that it may or may not be accurate:

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.

ritaanz

There are times when you make it all worth while. x:-) However, there's gotta be someone out there who feels that a disclaimer may be pushing the envelope of good taste.

safety

OK, now I am really confused, (what’s new). We do not give out applications at our facility; they are only available at the local State of Kansas Job Service Center. So – does this mean that we need to have our site-specific posters in place at the Service Center or possibly a handout to give to all applicants who complete an application at the center? We do not allow applicants to take the application from the Job Service Center; they must complete it there. Also we only accept applications when we advertise for a potential position, job applicant pool or open position.

Don D

That raises a very interesting question; one that I hope your legislators do not think of. Someone might suggest that you place the following statement on your application:

"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."

Whatever

I would check your state laws. The state of NJ recently sent someone in to inspect our plant. They were looking for such things as to whether or not the posters were appropriately posted.

mwild31

If it wasn't asked for on the application, how did the employer in the article know the age?

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.

Whirlwind2

I didn't read the case, but perhaps the applicant was interviewed and was obviously over 40. Also, even without gradutation dates on an application, a job history on an application can give clues about age. An applicant who lists jobs from the Woodstock era is either well over 40 or was working for someone who violated the child labor laws.

Don D

I hate to sound flip, but what is a 'job from the Woodstock era' and how would they be discernable on a job application, unless it mentioned something like "Worked with Jimi Hendrix road crew"?

hrbanker

Don, If I had to list my last three jobs, given that I've been in this one for 25 years, the dates on the other two jobs would show that I'm eligible for my Golden Buckeye card and probably attended Woodstock.

I like your idea in the earlier post and am going to incorporate that language in the disclosure that accompanies our application.

Nell

sonny

Nell brought back a memory. For you non Buckeyes, the Golden Buckeye card is a discount card available for the chronologically gifted. I was devastated in my early 40's when a cashier asked me for mine xx( Boy did she get a look, even tho she swore she was new and REQUIRED to ask everyone!)

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.

Whirlwind

Yeah, that was what I meant. If you were gainfully employed in the late 60's, whether for Jimi Hendrix or not, you're over 40.

blw

I seem to recall when I went through an OFCCP audit with another employer, we were required to have the 5-in-1 posted in a place where it could be seen by all applicants. We had it framed and posted that week and placed in our lobby where applicants came it.

Leslie

I've got the five in one where all employees and applicants can see in HR, and another by the time clocks.

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.

Don D

I need clarification. Are you saying Jimi Hendrix sucked or working at the shoestore sucked? That is relevant to whether or not I will ever again speak to you. I worked in one job for 25 years too. I could not go to Woodstock but watched it at the drive-inn movie when it came out and for years I actually THOUGHT I was there. I won't say what all went on in the car that nite. I will carry it to the grave. I did however attend a seance (sp) for Hendrix. It must have been the Ripple. For the most part, I am now recovered. Except for Friday nites when we get nekkid in the mud in the back yard and relive the anti Vietnam songs.


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.

mwild31

We have an employee that's related to Jimi Hendrix - trust me, we really do. I didn't care for all of his music, but my favorite song of ALL POSSIBLE TIME is Little Wing - it gives me chills. x:-)

mwild31

[font size="1" color="#FF0000"]LAST EDITED ON 01-08-04 AT 06:40PM (CST)[/font][br][br]Okay - so it sounds like my application disclaimer may not be enough & I need to set up a poster in our lovely front area - can someone point me in the direction of a federal rule on the matter? I've checked my state posters & they're all about protections for ee's - not applicants - additionally, our State's Human Rights Commission's poster is only recommended - which could fit the ticket, but it's only recommended - not required. If I have to put posters up in our lobby area - I'm going have a lot of explaining to do with our President & a real-life federal rule sure would be helpful (heck, if I missed a state rule fellow Washingtonians - help me out there too). Thanks!

Don D

I just visited our lobby to relook at the 5 in 1 poster. It specifically says it is addressed to "You, our employees". Although it mentions several prohibitions that would also extend to applicants, I have not heard that it is required to be posted there. I do know that the notices must be visible to visitors and applicants for benefits and services in public places of employment that might also offer DOL funded services and entitlements. Since the application more than likely states your policy of non discrimination, I would argue that there is no need to slap it up on the wall and detract from the Corinthian theme wallpaper and gold-tassled, wing-back chairs in the lobby. 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.

AJ SPHR

Don, you say:
"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:)

Leslie

mwild, there is no federal requirement to make this available to applicants. The way this thread started is with AJ SPHR wondering if it might not be a good idea considering an employer warded off an applicant lawsuit by having them available. Now how often this occurs, and how beneficial it is to have them available to applicants is beyond me. Ours just happen to be posted where our applicants are.

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."

mwild31

Don & Leslie - thank you very much xhugs

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!