Last October the Equal Employment Opportunity Commission (“EEOC”) released a new poster which must be displayed by covered employers.
Where Must the Poster be Displayed?
The poster should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. This may include the employer’s bulletin board, the break room, lunchroom, locker rooms, or another common and open gathering location. Employers are also encouraged, but not required, to display this poster digitally on their websites or otherwise provide it to their employees electronically. In most instances an electronic posting can supplement the requirement for physically displaying the poster. Additionally, employers are required to provide physical notices in accessible formats as needed. The EEOC currently offers a screen-readable copy of the poster.
How Long Do I Have?
The EEOC’s news release does not dictate when the new poster must be displayed but covered employers should update their postings as soon as practicable to avoid unnecessary fees, fines, or liabilities.
What’s New?
The new poster, “Know Your Rights” replaces the prior version of the poster titled “EEO is the Law.” The new poster makes several notable changes. It clarifies that harassment is a prohibited form of discrimination. The poster notes that sex discrimination includes discrimination on the basis of pregnancy or related conditions, sexual orientation, and gender identity. The poster is also intended to be more accessible. It uses more plain language, bullet points, and includes a QR code to access the EEOC’s website.
It is also important to note that the EEOC released an initial version of the Know Your Rights poster on October 19, 2022, and then they published a revised version on October 20, 2022. Covered employers are required to display the October 20, 2022 version of the poster to be in compliance.
Where Can We Find the Poster?
The Know Your Rights poster is published on the EEOC’s website and may be accessed here.
The attorneys at Fishel Downey regularly advise employers on issues related to updates to federal and state law. If you have a specific question or scenario, and would like assistance, contact one of the attorneys at Fishel Downey Albrecht & Riepenhoff LLP at 614-221-1216.