October 20, 2022
The EEOC released a new “Know Your Rights: Workplace Discrimination is Illegal” poster was released on October 19, retracted and reposted on October 20. Commission (EEOC). The new poster replaces the “Equal Employment Opportunity is the Law” poster, also known as the “EEO is the Law” poster. Employers with 15 or more employees must display the new poster.
Who Is Impacted?
Employers with 15 or more employees and job applicants.
The new poster;
· Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity,
· Indicates that harassment is a prohibited form of discrimination,
· Adds a “quick response” or QR code that links to an instruction about how to file charges with the EEOC.
· Provides information about equal pay discrimination for federal contractors, and
· Uses a bulleted format.
What To Do And Where to post the ‘Know Your Rights’ poster
Employers must display the poster in a conspicuous location in the workplace. It must be visible to applicants as well as employees. Employers are encouraged to display it online. Those with our remote posting service will receive an online version. Non-compliance with the posting requirement could result in a fine of up to $612. There are other required posters for applicants.
The EEOC indicates, the “poster should be made available in an accessible format, as needed, to persons with disabilities”, EEOC, Oct. 20, 2022. The notice can be provided in an electronic format that uses screen-reading technology or in an audio file. It can be read to applicants or employees who have disabilities that limit seeing or reading ability.
What else is on the ‘Know Your Rights’ poster?
As with the “EEO is the Law” posting, the “Know Your Rights: Workplace Discrimination is Illegal” poster summarizes federal laws prohibiting job discrimination. It includes information about discrimination based on race, color, sex, national origin, religion, age (40 and older), equal pay, disability, genetic information and retaliation for filing a charge. The poster notes that all aspects of employment, including discharge, harassment, hiring or promotion, benefits, and pay, can be challenged as a form of discrimination.
It provides contact information for the EEOC and advises employees to promptly contact the EEOC if discrimination is suspected. Your state may have more restrictions and another similar poster.
Information about the nondiscrimination and affirmative action requirements for employers holding federal contracts or subcontracts is on the poster, as is information about laws that apply to programs or activities receiving federal financial assistance, Dougherty, T. 2022.