Compliance updates, analysis, plus HR and payroll best practices from HR One
On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new poster titled “Know Your Rights: Workplace Discrimination is Illegal” that covered employers are required to display in their workplaces. This poster replaces the previous “Equal Employment Opportunity is the Law” poster.
The new poster uses plain language and bullet points that will make it easier for employers and employees to understand their rights and obligations.
As with the previous poster, the revised poster contains information on prohibiting discrimination under Title VII of the Civil Rights Act of 1964, as well as other laws, including the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act.
The new poster includes substantive updates specifying that:
Harassment is a prohibited form of discrimination; and
Sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity.
The poster also includes information on retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.
The revised poster also features internet links and email addresses for employees to contact the EEOC if they suspect they have been the victim of prohibited discrimination. It also includes a QR code that links directly to the EEOC’s website with instructions to file a complaint.
The poster is available in English and Spanish.
What Should Employers Do?
Replace any outdated version of the poster with the new version as soon as possible.
Ensure the updated poster is displayed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. The EEOC also encourages employers to post it on their websites in a clearly visible location.
Employers who fail to comply with the new posting requirement may face penalties of up to $612.
A Note About Posters and Posting Requirements
Many organizations try and satisfy their posting compliance obligation with an "all-in-one" poster. While convenient, using these can obligate employers to follow regulations that they may not be subject to based on their size or industry OR lack required postings for the same reason. The best practice is to identify the posting requirements your organization is subject to and to only post those specific notices. HR One can help you identify which posters may be needed and PDF versions of these posters may be downloaded directly from our website by logging in near the top of the page beneath the HR One logo.
Employers: Have you conducted the mandatory annual sexual harassment training for all employees? There is still time! Learn about your options.