In mid-October, the EEOC released its “Know Your Rights – Workplace Discrimination is Illegal” poster to replace the previous “EEO is the Law” poster. The new poster is available on the EEOC’s home page at eeoc.gov, or under the employers/small business tab. The updated poster includes straightforward language and formatting, and:
- a QR code that directly links to how to file a charge of discrimination with the EEOC;
- clarification that sex discrimination includes discrimination based on pregnancy, sexual orientation, or gender identity;
- a note that harassment is a prohibited form of discrimination; and
- information regarding equal pay discrimination for federal contractors.
After introducing the new Know Your Rights poster, the EEOC also released frequently asked questions. Importantly, the EEOC explained that employers are required to replace their previous poster with the updated Know Your Rights poster, revised October 20, 2022, within a “reasonable amount of time.”
While there is not a deadline to publish the new poster, it is important for employers to promptly update their posters because of the potential fines for willful noncompliance with the posting requirements.
Employers with 15 or more employees are required to display the poster in a conspicuous location at their work sites. 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, the poster must be physically accessible to all applicants and employees. Thus, the EEOC has also provided a poster optimized for screen readers for those who are visually impaired.
