On October 19, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new version of their workplace discrimination poster titled “Know Your Rights: Workplace Discrimination is Illegal” poster (“Know Your Rights” poster). This new poster, which replaces the “Equal Employment Opportunity is the Law” poster (“EEO” poster), provides updated guidance on federal anti-discrimination laws to applicants, employees, and employers. Covered employers must prominently display the “Know Your Rights” poster in the workplace.
So, What’s the Difference Between the Old Poster and the New One?
Similar to the “EEO” poster, the “Know Your Rights” poster summarizes federal law prohibiting workplace discrimination 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 main difference between the two posters is that the “Know Your Rights” poster uses plain language and bullet points, making it easier for employers and employees to understand the obligations of employers and the rights of employees. The other changes in the new poster include:
- Use of straightforward language and formatting.
- Note of harassment being a prohibited form of discrimination.
- Clarification that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity.
- Addition of a QR code for digital access to the “how to file a charge” webpage.
- Information about equal pay discrimination for federal contractors.
Employer’s Obligations
Covered employers must display the new poster in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. EEOC also encourages covered employers to post the notice digitally on their websites in a conspicuous location.
While electronic posting supplements the physical posting requirement in most cases, an electronic posting alone may be sufficient (e.g., for employers without a physical location or for employees who work remotely and do not visit the workplace regularly).
Earlier this year, the Department of Labor increased the maximum fines for not posting workplace notices. Employers must use the most recent and updated version of required workplace posters (including the “Know Your Rights” poster) to avoid fines.
For more information about the EEOC’s new workplace discrimination poster, posting requirements and whether you are a “covered employer”, please contact us at info@mnklawyers.com.
This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.
