Employer Alert: EEOC Releases Updated “Know Your Rights” Poster

On October 19th, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated Know Your Rights: Workplace Discrimination is Illegal poster (“Know Your Rights” poster). This new poster updates and replaces the EEOC’s previous “EEO is the Law” poster and poster supplement. As such, covered employers with 15 or more employees on payroll must display the updated “Know Your Rights” poster conspicuously in the workplace. Briefly, the updated poster summarizes equal employment opportunity laws enforced by the EEOC and adds a quick response (QR) code for employees who want to file a charge with the agency. The EEOC continues to advance opportunity in the workplace by enforcing federal EEO laws prohibiting employment discrimination. Earlier, in September, the EEOC cracked down heavily on workplace disability discrimination, filing three separate lawsuits.

Brief Overview of Anti-Discrimination Laws

Federal law under Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin. Title VII considers harassment a type of discrimination against these protected classes.  Meanwhile, the Americans with Disabilities Act (ADA) protects individuals with qualifying disabilities from employment discrimination. Furthermore, the law protects those who are perceived to have a disability or are related to a disabled person. Additionally, Title II of the Genetic Information Nondiscrimination Act of 2008 (Title II of GINA) prohibits employment-related genetic information discrimination. Generally, genetic information discrimination involves discriminating against individuals because of their genetic background. Finally, it is illegal for an employer to retaliate against a person within any one of the protected classes. Retaliation may occur when an employer punishes an employee or job applicant for asserting their rights under EEO and other anti-discrimination laws. 

Updates in the EEOC’s “Know Your Rights” Poster

According to the EEOC, the updated “Know Your Rights” poster is an improvement on the previous “EEO is the Law” poster. The agency states that the poster will help employers and employees better understand their rights and responsibilities under federal anti-discrimination law. Additionally, digitally accessible features on the “Know Your Rights” poster make it even easier for employees to file charges with the EEOC against their employer. In detail, the updated “Know Your Rights” poster features the following important changes:

• More straightforward language and formatting;
• Notes that harassment is a form of discrimination;
• Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity;
• Features a QR code for quick, digital access to the EEOC’s “How to File a Charge” page; and
• Includes information on equal pay discrimination for federal contractors. 

Employer Takeaways on the “Know Your Rights” Poster

WorkWise Compliance's core team of researchers is updating its Space Saver-1: All-On-One State and Federal Labor Law posters and Space Saver-5: federal employment labor law poster to reflect the newly updated notice. Active subscribers will receive the physical notice automatically as a panel update or as a full poster replacement, depending on their level of subscription. The EEOC also encourages employers to post the updated “Know Your Rights” poster digitally on their websites as a supplement to required physical posting. Digitally posting the required notice ensures that remote and off-site employees have access to mandatory postings. Covered employers may be fined up to $612 per violation for not complying with posting requirements. The poster is available in both English and Spanish while additional languages will become available at a later date. As of this post, the EEOC has not announced a deadline for replacement. However, employers should swap out the old poster for the updated “Know Your Rights” poster as soon as possible. Note that the EEOC released a revised version of this poster on October 20th, 2022, that replaces and supersedes the version from October 19. Employers should ensure they post the version with the most current revision date (10/20/2022).