EEOC overhauls ‘Know Your Rights’ poster

In mid-October, the Equal Employment Opportunity Commission (EEOC) released its “Know Your Rights—Workplace Discrimination is Illegal” poster. This replaces its previous “EEO is the Law” poster. The new poster is available on the EEOC’s home page at www.eeoc.gov under the employers/small business tab.

What’s new

• The updated poster includes straightforward language, formatting, and:
• A QR code that directly links to how to file a discrimination charge with the EEOC;
• Clarification that sex discrimination includes discrimination based on pregnancy, sexual orientation, and gender identity;
• A note stating harassment is a prohibited form of discrimination; and
• Information regarding equal pay discrimination for federal contractors.

After introducing the new poster, the EEOC also released updated FAQs. Importantly, the EEOC explained that employers are required to replace their previous poster with the updated one within a “reasonable amount of time.”

Steps for employers

While there is not a deadline to publish the new poster, it’s important for employers to promptly update their posters because of the potential fines up to $612 for willful noncompliance with the posting requirements.

Employers with 15 or more employees are required to display the poster in a conspicuous location at their workplaces. In addition to the physical posting, the EEOC encourages employers to post the notice digitally on their websites as well.