EEOC Releases New “Know Your Rights” Poster
On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new version of the “Know Your Rights: Workplace Discrimination is Illegal” poster. This new poster, much like the previous version, summarizes federal law prohibiting job discrimination based on 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 or 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. The poster also explains how employees and job applicants can file a complaint if they believe they have experienced prohibited discrimination or retaliation.
So, what’s the difference between the previous poster and the new one? The EEOC explains that the poster includes the following changes:
- It uses straightforward language and formatting.
- It notes that harassment is a prohibited form of discrimination.
- It clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity.
- It adds a QR code for digital access to the “how to file a charge” webpage.
- It provides information about equal pay discrimination for federal contractors.
Covered employers must place this poster in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. In addition to physically posting, the EEOC encourages covered employers to post the notice digitally on their websites in a conspicuous location.
In a press release, the EEOC also explained that in most cases, electronic posting of the notice only supplements the physical posting requirement. However, for those employers that have transferred to a completely remote environment or who are without a physical location, an electronic positing may be sufficient.
Earlier this year the Department of Labor increased the maximum fines for noncompliance of posting workplace notices. Employers should ensure that they are using the most recent and up-to-date version of required workplace posters. The EEOC initially uploaded a version of the “Know Your Rights” poster on October 19, 2022; however, that version of the poster has already been superseded by a revised version posted on the EEOC website on October 20, 2022. The new poster is available in English and Spanish and will be available in additional languages at a later date. Should you have any questions about your legal obligations, please contact our team.
For more information on EEOC obligations, please contact Ashley Dillon, Alisa Nickel Ehrlich, Allison Kruse, Sharon Ng, Hailey Perkins, Bernadette Sargeant, Ben Woodard or the Stinson LLP contact with whom you regularly work.
