EEOC’s New “Know Your Rights” Poster to Replace “EEO is the Law” PosterClient Alert
Under federal law, covered employers are required to post a notice in the workplace describing federal antidiscrimination laws. The Equal Employment Opportunity Commission (EEOC) prepares the mandatory posters summarizing antidiscrimination laws and explaining how employees and applicants can file a complaint if they believe they have experienced job discrimination.
On October 19, 2022, the EEOC released a new poster: “Know Your Rights: Workplace Discrimination is Illegal,” replacing the “EEO is the Law” poster. Employers must now use the poster captioned as “Know Your Rights: Workplace Discrimination is Illegal – Revised 10/20/22.” Employers may be reprimanded for failure to appropriately and compliantly post the updated poster.
What information is included in the new “Know Your Rights” Poster?
The new poster provides guidance on antidiscrimination laws to employers, employees, and applicants for employment. Like the old poster, the new poster describes the federal laws prohibiting job discrimination based on the following:
- Race, color, sex, (including pregnancy and related conditions, sexual orientation, or gender identity), national origin, religion
- Age (40 and older)
- Equal pay
- Genetic information (including family medical history or genetic tests or services)
- Retaliation for filing a charge, reasonably opposing discrimination, or for participating in a discrimination lawsuit, investigation, or proceeding.
The “Know Your Rights” poster differs from the “EEO is the Law” poster in that it uses simpler language and provides bullet points, making it easier for employees to read and understand their rights. The new poster includes information on harassment as a prohibited form of discrimination; it clarifies that discrimination based on sex also includes pregnancy and related conditions, sexual orientation, or gender identity; and it includes information on equal pay discrimination for federal contractors. Most notably, the new poster provides a QR code for digital access to information on how to file a complaint with the EEOC for job discrimination.
Implications for Employers
Generally, employers with 15 or more employees are covered under federal discrimination laws, enforced by the EEOC. Covered employers must replace the “EEO is the Law” poster with the new “Know your Rights” poster and place it in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. Covered employers are encouraged, but not required, to post the notice on the employer’s website in a conspicuous location.
Additionally, the Americans with Disabilities Act requires employers to display the poster in a place that is accessible to employees and applicants with disabilities limiting mobility. Employers may also need to provide the notice in an electronic format that can be used with screen-reading technology or read to applicants or employees with disabilities that limit seeing or reading ability. Employers who fail to conspicuously display the new poster in accordance with the above-described requirements are subject to fines.
Because the new poster is more accessible to employees and applicants, employers may see an increase in EEOC charges filed. If you have questions about discrimination laws or the new EEOC guidance, please contact Brennan, Manna & Diamond, LLC.
Below are links to the “Know Your Rights” Poster:
Translations in other languages will be released by the EEOC at a later date.
If you have questions about your obligations to provide required posters in the workplace or have any other labor & employment questions, please contact BMD Partner Bryan Meek by email at firstname.lastname@example.org, or by phone at (330) 253-5586.