There’s an Updated EEOC Poster! Covered Employers Must Display it at Worksite

On October 19, the Equal Employment Opportunity Commission (EEOC) released an updated “Know Your Rights” poster that covered employers (those with 15 or more employees to whom the federal nondiscrimination laws apply) are REQUIRED to post on their premises. Specifically, the poster, which is available here, should be displayed in a conspicuous location in the workplace where notices to both employees and job applicants are customarily posted. The Americans With Disabilities Act (ADA) further requires that it be a location that is accessible to applicants/employees with disabilities that limit mobility.

While electronic posting on the employer’s website in a conspicuous location is encouraged as a backstop, it is permitted to be the only posting for employers without a physical workplace and should be available in such form for employees who work remotely.

The EEOC has not yet announced a specific deadline for replacing the now-outdated “EEOC is the Law” poster, but instead directs that employees are required to swap out their postings “as soon as possible.” Employers face a monetary fine for noncompliance, so waiting is a risky option.

The EEOC states that the purpose of the new poster is to help employers and employees further understand their legal rights by using plain language and bullet points. An important feature for employees and job applicants is the addition of a QR code to allow fast digital access to information including how to file a charge on the agency’s webpage and how to contact the EEOC for assistance.

The poster summarizes federal laws and explains that employees, union members, or applicants can file a charge with the EEOC if they suspect they have experienced discrimination. The poster shares information about 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 includes
Retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.

The new poster is currently available in English and Spanish and will be available in additional languages at a later date.

The new “Know Your Rights” poster includes the following changes which the EEOC believes will better serve to prevent harassment/discrimination in the workplace and to remedy discrimination if it occurs:

Uses straightforward language and formatting;
Notes that harassment is a prohibited form of discrimination
Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity;
Adds a QR code for fast digital access to the how to file a charge webpage;
Provides information about equal pay discrimination for federal contractors.

It would behoove employers to timely comply with the requirements of publishing the “Know Your Rights” poster immediately. In addition, anti-discrimination and harassment training for both supervisors and employees will become more important as the expectation is that discrimination/retaliation claims will rise as a result of the more user-friendly approach to filing EEOC claims by use of the QR Code included in the new poster.

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