Employers, There is a New EEOC Workplace Poster and You Should Post it Immediately

On October 20, 2022, the Equal Employment Opportunity Commission (EEOC) released a new “Know Your Rights” poster, which replaces the former “EEOC is the Law” poster.

EEOC Chair Charlotte Burrows described the new poster as a “win-win for employers and workers… making it easier for employers to understand their legal responsibilities and for workers to understand their legal rights.”

Similar to the old poster, the new poster summarizes the federal anti-discrimination laws enforced by the EEOC:

  • Title VII of the Civil Rights Act;
  • The Americans with Disabilities Act;
  • The Equal Pay Act;
  • The Age Discrimination in Employment Act; and
  • The Genetic Information and Nondiscrimination Act.

The new “Know Your Rights” poster includes the following additions:

  • Uses straightforward language;
  • Describes harassment as a prohibited form of discrimination;
  • States that sex discrimination includes discrimination based on pregnancy, sexual orientation, and gender identity; and
  • Adds a QR code for digital access to the EEOC’s website.

The new poster also explains how employees and job applicants can file a complaint if they believe they have experienced alleged discrimination or retaliation.

Covered employers (those with 15 or more employees for at least 20 calendar weeks in a calendar year) are required to post the EEOC’s new poster in conspicuous places upon their premises where notices to employees, applicants for employment, and members are customarily posted. The EEOC also encourages covered employers to publish the poster on their websites in a conspicuous location. The EEOC clarified that, in most cases, electronic posting supplements the physical posting requirement. However, given the evolving nature of hybrid work arrangements, the EEOC also recognized that there are certain situations (for example, for employers without a physical workplace or for employees who telework or work remotely and do not visit the employer’s workplace on a regular basis) when a digital posting may be the only method in which to post.

The new poster should also be made available in an accessible format, as needed, to persons with disabilities that limit the ability to see or read. Failing to post the poster will subject employers to fines for noncompliance (currently $569 per offense).

Please check LaborSphere for updates as we continue to monitor this space.

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.