By: Haley Fisk
The U.S. Equal Employment Opportunity Commission (EEOC) published a new 'Know Your Rights: Workplace Discrimination is Illegal' poster (revised version dated 10/20/2022) meant to replace and supersede the previous ‘EEO is the Law’ poster and supplement, simplifying the posting requirement to a single poster. As required by law, all covered employers are to post this notice describing the Federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability, genetic information and retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.
This new poster, like the original EEO is the Law poster, is required to be displayed prominently at covered employers’ worksites and websites and must be visible by both employees and applicants. Covered employers include federal contractors and private sector employers with 15 or more employees. EEOC provides information on the methods for posting this notice, as well as resources for how to fulfill the posting requirement for employers without a physical location and/or solely telework employees, on the EEOC website.
The new ‘Know your Rights’ poster summarizes the Federal laws that prohibit discrimination and several types of illegal employment discrimination and discriminatory employment practices, as well as provides instructions that employees and applicants can use to file a complaint if they believe they have experienced discrimination. EEOC Chair Charlotte A. Burrows released a statement saying that the latest version “makes it easier for employers to understand their legal responsibilities and for workers to understand their legal rights” due to the new poster’s plain language and use of bullet points. Additionally, the latest version integrates a QR code that employees and applicants can scan with their phone to be directed to EEOC’s complaint page. English and Spanish versions of these posters are currently available and versions in additional languages will be made available at a later date.
While EEOC has not indicated the date by which it expects employers to begin using this poster, it appears that the agency expects that covered employers should begin using it immediately. Additionally, OFCCP has yet to release an announcement on the poster, though it is expected that there soon will be one. DCI will provide updates as more information is released.