EEOC Releases Updated Workplace Rights Poster

The EEOC’s “Know Your Rights: Workplace Discrimination is Illegal” poster is a staple in breakrooms across the country. But, last week, the U.S. Equal Employment Opportunity Commission released a new version of this poster. The new poster, like the prior version, summarizes federal law prohibiting job discrimination based on race, color, sex (including pregnancy and related conditions, sexual orientation, and 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.

There are several key differences between the previous poster and this recently-released version:

  • This poster aims to use more straightforward language and formatting.
  • This poster explicitly states that harassment is a prohibited form of discrimination.
  • This poster clarifies that sex discrimination includes discrimination on the basis of pregnancy and related conditions, sexual orientation, or identity.
  • The poster now includes a QR code for digital access to the “how to file a charge” website.
  • Finally, the poster provides information about equal pay discrimination for federal contractors.

As before, employers must place this poster in a conspicuous location in the workplace.

The mechanics of this posting have become complicated by many employers’ recent move to a completely remote environment. The EEOC does now encourage covered employer to digitally post the notice on their websites in a conspicuous location. However, the EEOC has also warned that, in most cases, electronic posting only supplements the physical posting requirement. The only exception is for employers that have transferred to a completely remote environment or who are without a physical location. In those cases, an electronic posting may be sufficient.

Employers should also be aware that the U.S. Department of labor recently increased the maximum finds for failure to post necessary workplace notices. Thus, not only should employers make sure that they are posting all required notices, but they should also now ensure that they are using the most recent and up-to-date version of the required workplace posters.

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