EEOC Issues Updated “Know Your Rights: Workplace Discrimination is Illegal” Poster
On October 19, 2022, the EEOC updated its “Know Your Rights” poster, regarding guidance on Federal anti-discrimination laws, worker protections from workplace discrimination, and remedies available to employees who believe they have experienced discrimination. The new poster, which was revised on October 20, 2022, replaces the previous “EEO is the Law” poster.
The new poster contains a number of changes from its predecessor. It uses plain language and a bulleted format, which the EEOC characterizes as a “win-win” for employers and employees by making it easier for employers to understand their legal responsibilities and for workers to understand their rights. The notice clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity. It also notes that harassment is a form of discrimination. Additionally, it provides information about equal pay discrimination for federal contractors. Notably, the updated poster includes a QR code that links directly to the EEOC’s webpage detailing how to file a charge with the EEOC. It remains to be seen whether this new QR code and increased access to information relating to how to file a charge will lead to an increase in discrimination claims brought by employees.
Employers (generally, those with over 15 employees) must notify employees of their rights under the law by posting the notice in a conspicuous location in the workplace where notices to employees and applicants for employment are customarily posted. In addition to physically posting, employers are encouraged to post the notice digitally on their websites in a conspicuous location, though are not required to under the law. The notice is currently available in English and Spanish and will be made available in other languages at a later date. The poster is also available in alternative accessible formats for persons with disabilities.
Though the EEOC has not provided a date by which employers must display the new poster, employers should replace their “EEO is the Law” poster with the updated notice within a reasonable amount of time, as noncompliant employers are subject to fines. Individuals with questions about the new poster or posting requirements should feel free to contact Kate Townley at ktownley@fglawllc.com or any other attorney at the firm.
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