EEOC Requires Updated Employee Rights Poster

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) made changes to its required workplace poster, now entitled “Know Your Rights: Workplace Discrimination is Illegal”. The new poster, which includes easier-to-understand language, updates and replaces its previous “Equal Employment Opportunity is the Law.” Importantly, the EEOC made tweaks to the poster the day after its initial announcement on October 19, so agencies may want to double check that they are using the most current version. 

The new poster adds a QR code that assists employees in directly filing an EEOC charge and a new clarification that it is unlawful to discriminate on the basis of pregnancy and related conditions, sexual orientation, or gender identity. The poster further provides a new notice of the pay secrecy requirements for federal contractors under Executive Order 11246, which was formerly part of a required EEO is the Law Poster Supplement.

Earlier this year, the Department of Labor (DOL) increased the maximum fines for noncompliance with certain notice and posting requirements. With the publication of this new poster, the EEOC reiterated that covered employers may be subject to fines for noncompliance with the posting requirements. 

EEOC’s frequently asked questions (FAQs) guidance notes that there is no specific deadline by which employers need to replace the previous “EEO is the Law” poster with the updated version—only that the swap-out must happen “within a reasonable amount of time.” In addition to the requirement that employers physically post the notice in a conspicuous location in their workplaces, the EEOC “encouraged” covered employers to “post a notice digitally on their websites in a conspicuous location” to increase visibility among remote employees.

The EEOC provided links to PDF versions of the poster in English and Spanish for employers to print, in addition to PDF and HTML versions of the poster optimized for viewing on a computer screen for electronic posting. The EEOC said posters in additional languages will be made available at a later date.

Given this new requirement, it might be prudent for agencies to review any other unique employer posting requirements under other existing federal or state laws. Links to additional applicable posters for employers to download and print can be found on the DOL’s website.

For questions about state or federal employer posting requirements, contact Amanda Anderson.