The law requires an employer to post a notice describing the Federal laws prohibiting job discrimination based on race, color, sex (including pregnancy and related conditions, sexual orientation, or transgender status), national origin, religion, age (40 and older), equal pay, disability or genetic information (including family medical history or genetic tests or services), and retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding. Title VII of the Civil Rights Act of 1964 imposes a monetary penalty for covered employers who fail to post these notices. The penalty, currently $680, is adjusted annually for inflation as required by law.

The “Know Your Rights: Workplace Discrimination is Illegal” poster, prepared by the U.S. Equal Employment Opportunity Commission (EEOC), summarizes these laws and explains how employees or applicants can file a complaint if they believe that they have experienced discrimination.

Equal Employment Opportunity 

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same terms and conditions as if the employee had not taken leave. Check with your State Labor Department to determine if you have additional or greater protections under state law.

What Does the FMLA Provide?

For eligible employees, up to 12 workweeks of leave in a 12-month period for any of the following qualifying reasons:

• The birth of a child and to care for the newborn child within one year of birth,
• The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement,
• To care for the employee's spouse, child, or parent who has a serious health condition,
• A serious health condition that makes the employee unable to perform the functions of his or her job, and
• Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on covered active duty or call to covered active duty status.

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness may take up to 26 workweeks of leave during a single 12-month period to care for the servicemember.

Eligible employees may use FMLA leave intermittently or on a reduced schedule when medically necessary and for qualifying exigencies. An employee also may use FMLA leave intermittently or on a reduced leave schedule for bonding with a newborn or newly placed child when the employer and employee agree.

Family and Medical Leave Act

The Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test or for exercising other rights under the Act. Employers may not use or inquire about the results of a lie detector test or discharge or discriminate against an employee or job applicant on the basis of the results of a test, or for filing a complaint, or for participating in a proceeding under the Act. Subject to restrictions, the Act permits polygraph (a type of lie detector) tests to be administered to certain job applicants of security service firms (armored car, alarm, and guard) and of pharmaceutical manufacturers, distributors and dispensers.

Subject to restrictions, the Act also permits polygraph testing of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in specific economic loss or injury to the employer. Where polygraph examinations are allowed, they are subject to strict standards for the conduct of the test, including the pretest, testing and post-testing phases. An examiner must be licensed and bonded or have professional liability coverage. The Act strictly limits the disclosure of information obtained during a polygraph test.

Employee Polygraph Protection Act