On October 20, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released the “Know Your Rights:  Workplace Discrimination is Illegal” poster, which must be posted by all covered employers.  This newly released poster replaces the “EEO is the Law” poster.

Background

Covered employers include all state and local government employers, educational institutions, unions, and staffing agencies as well as private employers with 15 or more employees.  All covered employers are required to post the “Know Your Rights” poster in a conspicuous location in the workplace.  Additionally, covered employers are encouraged to post the notice digitally on their website in a conspicuous location.

The new “Know Your Rights” poster summarizes some of the federal laws prohibiting job discrimination based on:

• Race;
• Color;
• Sex (including pregnancy and related conditions, sexual orientation, or gender identity);
• National origin;
• Religion;
• Age (40 and older);
• Equal pay;
• Disability;
• 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.

A few of the changes found in the new “Know Your Rights” poster include changes to language and formatting to make it more straightforward; a specific indication that harassment is a prohibited form of discrimination; clarification that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity; and the addition of a QR code for fast digital access to information regarding how to file a charge.

Takeaways

Covered employers are required to physically post a copy of the EEOC “Know Your Rights: Workplace Discrimination is Illegal” poster in a conspicuous place in the workplace.  It is also recommended the poster be accessible to employees online.  Covered employers can be fined for failing to post the poster.  While the EEOC has not stated a deadline to swap out the old version for the new “Know Your Rights” poster, we recommend any covered employer who has not already done so to post immediately.

If you have any questions about the new EEOC poster, or required postings for employers in general, please contact the author of this Client News Brief or an attorney at one of our eight offices located statewide.  You can also subscribe to our podcast, follow us on Facebook, Twitter and LinkedIn or download our mobile app.