Q: Where are districts required to publish equal employment opportunity (EEO) notices?
A: Districts are required to provide notice of equal employment opportunity through several different means, including work-site posters, vacancy notices and applications, and, in specific cases, through the local newspaper.
District administrators often ask whether they are required to purchase advertising stating their EEO status from certain private publications. Few, if any, Texas districts are legally required to publish their EEO notices beyond their local community. Texas law does not require school districts to establish affirmative action programs. The primary source of affirmative action requirements is a group of federal laws applicable to federal contractors. Few, if any, Texas districts are federal contractors under these laws. The test for whether an entity is a federal contractor subject to Office of Federal Contract Compliance Programs jurisdiction is as follows:
(1) The entity holds one or more federal contracts or subcontracts for supplies or services;
(2) The value of the contracts or subcontracts exceeds $50,000; and
(3) The contractor has 50 or more employees.
Most Texas districts receive federal funding or federal grants directly or through the Texas Education Agency. However, few, if any, have contracts to provide goods or services to the federal government.
Good business practices may include voluntary efforts to recruit applicants from underrepresented groups, such as through outreach to educator preparation programs with a high percentage of minority participants. Such practices are not mandatory for entities that are not federal contractors.
A more complete explanation of the requirements and exceptions regarding publication of EEO notices can be found in TASB Legal e-Source 
. A district with questions regarding the specific application of EEO laws should contact its school attorney. The district can also contact HR Services or TASB Legal Services for more information.
