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In the US it is law that an employer cannot discriminate based on race, religion, color or sex per the Civil Rights Act of 1964. Yet there are some companies who advertise themselves as equal opportunity employers while others don't.
What is the difference between the companies? Does one carry more obligation than the other? Are they any different in terms of law?
It's just legal verbage; legally speaking all employers are required to be equal opportunity employers. The only difference is whether or not they choose to identify as such explicitly and where they chose to do so; the larger an organization or the more lawyers involved, the more likely you are to see an EOE notice somewhere prominent. It may also be a matter of marketing or PR; companies with a focus on diversity, notably Universities, often have such a notice.
It's a National Law so there's really no ifs ands or buts beyond the wording of the related acts. Not having the verbiage does not exclude a company from following the laws nor does the absence of the verbiage preclude employees any sort of protection.
