On October 20, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new workplace poster titled ”Know Your Rights: Workplace Discrimination is Illegal,” (opens in a new window) which covered employers are required to display in their workplaces. (Originally released on October 19, the EEOC issued a revised version on October 20.) The new poster supersedes and replaces the previous “EEO is the Law” poster. Like the previous poster, the new poster summarizes the laws enforced by the EEOC and provides information about discrimination based on:
- Sex (including pregnancy and related conditions, sexual orientation or gender identity)
- National origin
- Age (40 and older)
- Equal pay
- Genetic information (including family medical history or genetic tests or services)
- Retaliation for filing an EEOC charge; reasonably opposing discrimination; or participating in a discrimination lawsuit, investigation or proceeding
The new poster, which is available in English and Spanish, contains several significant changes from the previous poster, including:
- Noting that harassment is a prohibited form of discrimination
- Clarifying that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation or gender identity
- Providing information about equal pay discrimination for federal contractors
The new poster also contains internet and email addresses for employees to contact the EEOC, and even has a QR code that links directly to instructions on how to file a workplace discrimination charge with the EEOC.
In addition to physically displaying the new poster, the EEOC encourages employers to post it electronically on their websites in a conspicuous location. The EEOC states that in most cases, electronic posting supplements the physical posting requirement, but that in some situations, such as for employers without a physical location or for employees who work remotely, an electronic posting may be the only posting.
Covered employers should post the new “Know Your Rights” poster as soon as possible to ensure compliance with the law and reduce the potential of receiving a fine for noncompliance.
For further assistance, please contact any of the attorneys on our Labor & Employment Practice Team or the Phillips Lytle attorney with whom you have a relationship.