November 2, 2022

The U.S. Equal Employment Opportunity Commission (EEOC) released a new workplace poster titled “Know Your Rights: Workplace Discrimination is Illegal”, which replaces the former “EEO is the Law” poster. The agency initially released the poster on Oct. 19, but removed that version from its site and uploaded a revised version Oct. 20. Employers who printed the Oct. 19 version should make sure they remove the Oct 19 version and replace it with the most recent, updated version.

According to EEOC Chair, Charlotte A. Burrows, the new “Know Your Rights…” poster has some significant changes from the former “EEO is the Law” poster. The new poster uses “plain language and bullet points,” and explains an employer’s legal responsibilities and an employee’s rights more easily than the prior poster.

More specifically, the updated poster includes new, revised language explaining that the definition of sex discrimination covers discrimination based on sexual orientation, gender identity, and pregnancy, including related conditions (which was affirmed by the Supreme Court in 2021). The new poster design also calls attention to the types of employment practices that could be subject to a challenge, providing a bulleted list of various forms of unlawful discrimination, including harassment and failure to provide a reasonable accommodation. The new poster also includes a QR code that employees can scan and link directly to the EEOC’s webpage on how to file a discrimination claim.

What does this mean for employers?

Employers should display the poster “in a conspicuous location in the workplace where notices to applicants and employees are customarily posted,” according to guidance from the EEOC. Although the EEOC has not officially announced a deadline to display this updated poster, covered employers should post it as soon as possible, in order to avoid being fined for noncompliance.

Language from the poster webpage, regarding where you should display the poster says, “In addition to physically posting, covered employers are encouraged to post the notice digitally on their web sites in a conspicuous location. In most cases, electronic posting supplements the physical posting requirement. In some situations (for example, for employers without a physical location or for employees who telework or work remotely and do not visit the employer’s workplace on a regular basis), it may be the only posting.”

Under the Americans with Disabilities Act (ADA), employers are required to place such posters in a location accessible to applicants and employees with disabilities who have limited mobility. Notably, EEOC has released some versions of the poster tailored for specific employee groups; visually impaired or blind workers should have access to the screen-reader optimized PDF version. Any employer can download the digital version on the EEOC’s website. The “Know Your Rights” poster is available in both English and Spanish. The poster will be available in additional languages in the future, the agency said.

How Traliant Can Ensure Your EEO Policies, Notices and Postings are Always Up-to-Date

With the release of this new poster and the urgency to make sure it is posted, employers may be wondering what other policies, notices and postings within their organization may be out of date or need updating. Traliant is here to take the guesswork out of keeping your organization’s workplace policies legally compliant and current. We offer free consultations where we will review your harassment and discrimination policies. After providing feedback on your policies and any deficiencies we find, Traliant can work with you to implement the recommended changes to ensure policies are compliant with federal and state laws. In addition, our Full Service Compliance Package includes the policies, notices and postings that are required in any state(s) where you have employees.

To learn more about our Harassment Policy Review and Compliance Service and to request a free consultation you can click here.

This article is for information purposes only. Its contents do not constitute legal advice and readers should not regard this article as a substitute for detailed advice in individual instances



Elissa Rossi