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► EEOC Overhauls 'Know Your Rights' Poster

In mid-October, the Equal Employment Opportunity Commission (EEOC) released its “Know Your Rights—Workplace Discrimination is Illegal” poster. This replaces its previous “Equal Employment Opportunity is the Law” poster.

What’s New

The updated poster includes straightforward language, formatting, and:

  • A QR code that directly links to how to file a discrimination charge with the EEOC;
     
  • Clarification that sex discrimination includes discrimination based on pregnancy, sexual orientation, and gender identity;
     
  • A note stating harassment is a prohibited form of discrimination; and
     
  • Information regarding equal pay discrimination for federal contractors.
     

After introducing the new poster, the EEOC also released updated FAQs. Importantly, the EEOC explained that employers are required to replace their previous poster with the updated one within a “reasonable amount of time.”

Steps for Employers

While there is not a deadline to publish the new poster, it’s important for employers to promptly update their posters because of the potential fines up to $612 for willful noncompliance with the posting requirements.

Employers are required to display the poster in a conspicuous location at their workplaces. In addition to the physical posting, the EEOC encourages employers to post the notice digitally on their websites as well.

For employers without a physical location or for employees who telework or work remotely, the poster must be digitally published in a conspicuous place on their website. Finally, consistent with the Americans with Disabilities Act (ADA), the poster must be physically accessible to all applicants and employees. To make it widely accessible, the EEOC has also provided a poster optimized for screen readers for those who are visually impaired, available at https://www.eeoc.gov/poster.

Employer should replace the previous version of the poster, "EEO is the Law,” with the new “Know Your Rights” poster as soon as possible. The new poster is available in English and Spanish in the Free Posters and Notices section on the Personnel Advisor website.

By Morgan E. Geffre. Ms Geffre is an employment lawyer with Foulston Siefkin LLP in Wichita, Kansas.

[11/2022]

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