December 2017

Publishing EEO notices

by April Mabry

Q: Where are districts required to publish or post equal employment opportunity (EEO) notices?

A: Districts are required to provide EEO notices (i.e., nondiscrimination statements) for applicants, employees, students, and program participants. Under some federal laws, districts are required to display work-site posters and include a statement on vacancy notices, applications, and recruiting materials.

District administrators often ask whether they are required to purchase advertising from certain private publications stating their EEO status. 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. 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.

Few Texas districts meet the test for federal contractors. However, most Texas districts receive federal funding or federal grants directly from the U.S. Department of Education or through the Texas Education Agency. As recipients of financial assistance from the U.S. Department of Education, districts are required to include a statement of nondiscriminatory policy in any bulletins, announcements, publications, catalogs, application forms, or other recruitment materials that are made available to participants, students, applicants, or employees.

A more complete explanation of the requirements and exceptions regarding publication of EEO notices can be found in TASB Legal e-Source and on the Office of Civil Rights (OCR) Website. A complete list of required work-site notices for employees can be found in the HR Library.