On October 20, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated “Know Your Rights: Workplace Discrimination is Illegal” poster, replacing the previous “EEO is the Law” poster that provides updated information concerning employment legal rights for both employees and applicants for employment, with procedures for filing complaints. Federal law requires all covered employers, defined as every employer subject to federal equal employment opportunity laws, to display the updated poster in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. In addition to physically posting the notice, covered employers are encouraged to post it digitally on their websites in a conspicuous location. Printed notices should also be made available in an accessible format, as needed, to persons with disabilities that limit the ability to see or read. The updated poster informs employees and applicants about their protections from workplace discrimination that include the following updates to the previous poster:
- Notes that harassment is a prohibited form of discrimination;
- Clarifies that sex discrimination includes discrimination based on sexual orientation, gender identity, and pregnancy; and
- Covers equal pay discrimination for federal contractors.
The new poster also provides a QR code to allow quick, digital access to the EEOC’s webpage on how to file a charge of employment discrimination.
Employers should ensure that they have posted this updated poster and also ensure they have posted all other required workplace notices. Posting requirements can vary depending on various factors including the nature and location of business, number of employees, and whether the organization has federal or state contracts or subcontracts. These workplace notices may include posters regarding rights under the Family Medical Leave Act, Fair Labor Standards Act, federal minimum wage, and the Occupational Safety and Health Act, for example. The EEOC has not yet announced a deadline for replacing the “EEOC is the Law” poster, but the agency has asked employers to swap out their outdated postings as soon as possible. Covered organizations will be subject to a fine of $569 for each separate offense of noncompliance.
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