Update 11/4/2022: In response to the EEOC’s updated “Know Your Rights” poster, the Office of Federal Contract Compliance Programs (OFCCP) now requires federal contractors to post the most current “Know Your Rights” poster and replace any previous “EEO is the Law” posters. Additionally, federal contractors still must post the Pay Transparency Nondiscrimination Provision and include it in employee handbooks and manuals. Like with other employers, federal contractors must provide a way for both employees and applicants to access the poster, whether electronically or physically. Federal contractors can access both the new “Know Your Rights” poster and the Pay Transparency Nondiscrimination Poster at www.dol.gov/agencies/ofccp/posters.
Out with the old, in with the new! On October 19, 2022, the Equal Employment Opportunity Commission (EEOC) updated its workplace poster and dubbed it the “Know Your Rights: Workplace Discrimination is Illegal” poster. The new poster replaces and supersedes all previous versions.
What’s New On the Poster
The most surprising change is the new QR code for employees and applicants to scan with a mobile device. The code will take them directly to instructions on filing an EEOC complaint. The updated poster also reminds readers that harassment is a prohibited form of discrimination and explains that sex discrimination also encompasses discrimination based on pregnancy, pregnancy-related conditions, sexual orientation, and gender identity.
Finally, the poster has been re-worked to be more accessible – instead of blocks of chunky language, the new poster uses bullet points and plain language to convey employers’ obligations and employees’ rights, as well as clear guidance on what can be challenged a discriminatory practice and how to contact the EEOC for assistance.
While there isn’t a deadline for replacing the previous EEOC poster, the sooner employers replace it, the better. The EEOC states that covered employers will be subject to a fine for noncompliance.
The poster should be placed in a conspicuous or clearly seen location where notices to employees/applicants are typically posted.
Employers are also encouraged to post the notice in a conspicuous location digitally—especially if your workforce includes employees who telework or do not typically enter the workplace.
Additionally, the Americans with Disabilities Act (ADA) requires the notice to be made accessible to employees/applicants with disabilities that limit mobility and those employees/applicants with disabilities with limited ability to see or read. Employers should consider employee/applicant disabilities when complying with notice requirements.
Where To Find The New Poster
The updated poster can be found at www.eeoc.gov/poster. This webpage includes versions for electronic posting as well as versions for printing and physical posting and disability-accessible formats.
Currently, the poster is available in English and Spanish, but the EEOC will release versions in additional languages in the future.
Labor & Employment Associates Raven Burks and Olivia Moulds contributed to this article.