On October 19, 2022, the Equal Employment Opportunity Commission (“EEOC”) released the “Know Your Rights: Workplace Discrimination is Illegal” poster, replacing the “EEO is the Law” poster. The “Know Your Rights” poster provides updated guidance on federal anti-discrimination laws to applicants, employees, and employers. Covered employers are required to prominently display the “Know Your Rights” poster at their worksites.
Differences Between “EEO is the Law” Poster and New “Know Your Rights” Poster
Similar to the “EEO is the Law” poster, the “Know Your Rights” poster advises on discrimination based on the following:
- Race, color, sex (including pregnancy and related conditions, sexual orientation, or gender identity), national origin, religion,
- Age (40 and older),
- Equal pay,
- Genetic information (including family medical history or genetic tests or services), and includes
- Retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.
However, the “Know Your Rights” poster differs in that it uses plain language and bullet points. The EEOC touts the poster as a “win-win” for employees and employers because it makes it easier to understand employees’ rights and employers’ obligations. Additionally, the “Know Your Rights” poster includes the following additions and clarifications:
- Uses straightforward language and formatting;
- Notes that harassment is a prohibited form of discrimination;
- Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity;
- Adds a QR code for fast digital access to the how to file a charge webpage;
- Provides information about equal pay discrimination for federal contractors.
Currently, the poster is available in English and Spanish. Additional languages will be available at a later date.
What Employers Need to Know
Covered employers (generally, employers with over 15 employees) must display the “Know Your Rights” poster in a conspicuous location at their worksites. Further, although not required, the EEOC urges employers to display the poster on the company’s website. Including the poster on a company website is encouraged so that remote employees may have access to the notice. A digital copy of the poster may be downloaded from the EEOC’s website free of charge.
The Americans with Disabilities Act also requires that employers display the poster in a location that is accessible to applicants and employees with disabilities that limit mobility.
As of the time of this labor alert, the EEOC has not provided a date in which employers must display the “Know Your Rights” poster. However, employers should replace their “EEO is the Law” poster with the “Know Your Rights” poster as soon as possible. Noncompliant employers are subject to fines.
Employers may experience a rise in EEOC charges as a result of the “Know Your Rights” poster’s readability and access to EEOC guidance via the QR code.
Source: Dinsmore & Shohl LLP – Brian J. Moore and Brooke Poling