Q. Did the EEOC update its “EEO is the Law” poster?
A. Yes. On October 19, the U.S. Equal Employment Opportunity Commission (EEOC) released a new “Know Your Rights” poster, which updates and replaces its former “EEOC is the Law” poster.
“Know Your Rights” Poster
Many laws the EEOC enforces require covered employers to post a notice describing laws that prohibit workplace discrimination. The “Know Your Rights” poster summarizes these laws and gives employees information for reporting potential acts of discrimination. The poster gives information related to discrimination based on:
- Race, color, and national origin;
- Sex, including pregnancy and its related conditions, sexual orientation, and gender identity;
- Age (40 and over);
- Genetic information;
- Equal pay; and
- Veteran status.
The poster also includes information about retaliation for filing a charge of discrimination, opposing a discriminatory practice, or participating in a discrimination investigation, proceeding, or lawsuit.
“EEOC is the Law” vs. “Know Your Rights” Posters
The “Know Your Rights” poster has the following key updates from the prior “EEOC is the Law” poster:
- Uses more straight-forward formatting and language with bullet point explanations instead of larger blocks of text.
- Explains that harassment is a prohibited form of discrimination.
- Clarifies that sex discrimination includes pregnancy and related conditions, as well as sexual orientation and gender identity.
- Provides a QR code for employees to access an EEOC webpage that explains how to file a charge of employment discrimination.
- Explains equal pay discrimination for federal contractors.
- Outlines specific examples of employer practices that could be challenged as discriminatory.
Employers must place this new poster in a conspicuous location in its workplaces where notices to both applicants and employees customarily are posted. Employers also should consider posting a digital notice on their websites in addition to the physical posting. This is especially true if your company has a hybrid workforce in which some employees work at a physical workplace and work remotely.
Additionally, employers must ensure the notices are available in a location that is accessible to applicants and employees with disabilities that limit their mobility and in an accessible format for employees with disabilities that may limit their ability to see or read, such as having an audio file or an electronic format that can be utilized by screen-reading technology. These requirements ensure your workplace remains in compliance with the Americans with Disabilities Act.
At this time, the EEOC has the following formats available for employer use:
- Formats for printing and posting in the workplace in English and Spanish (additional languages forthcoming).
- Formats that may be used with screen-reading technology.
- Formats for electronic posting.
Covered employers are subject to fines for noncompliance. If you have any questions or would like further guidance regarding this new poster, please contact a member of the Troutman Pepper Labor + Employment Practice Group.