What Employers Need to Know about the EEOC’s “Know Your Rights” Poster
On Wednesday, October 19, the Equal Employment Opportunity Commission (EEOC) released the “Know Your Rights” poster, which certain employers (the Covered Employers) are required by federal law to prominently display at their work sites. The Covered Employers include most private employers, state and local government employers, education institution employers, unions, and staffing agencies.
10.21.22
The poster replaces the previous “EEO is the Law” poster and summarizes laws prohibiting job discrimination and explains the process to file a charge of discrimination with the EEOC. The poster is set forth in plain language and outlines the types of discrimination that can be challenged in bullet-point format. The list of discriminatory challenges includes, but is not limited to: (1) discharge, firing or lay-off; (2) hiring or promotion; (3) failure to provide reasonable accommodation for a disability or sincerely held religious belief; (4) benefits; and (5) requesting or disclosing medical information of employees.
One update to the poster is the inclusion of a QR code which links directly to the EEOC’s website for applicants and employees to find more information on filing a charge if they feel they were discriminated against in the workplace. It also includes internet links and email addresses for employees to contact at the EEOC. The poster also has the following updates: (1) a note that harassment is a prohibited form of discrimination; (2) clarification that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation and gender identity; (3) and provides info about equal pay discrimination for federal contractors. The poster is currently available in English and Spanish, but the EEOC intends to make the poster available in additional languages at a later date. Given that the poster made specific changes to adapt to new technology, it is possible that the EEOC will see an increase in the number of charges of discrimination filed with the agency.
As with the previous EEO poster, employers are required to place it in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. Employers are also encouraged to post the notice digitally on their websites in a conspicuous location. The electronic posting requirement is in addition to the physical posting requirement, except where employers do not have a physical location, or permit their employees to work remotely and not visit the office on a regular basis. The Americans with Disabilities Act also requires employers to be made available in a location that is accessible to applicants and employees with disabilities, to the extent the location limits mobility.
Employers should immediately replace their existing poster with the updated “Know Your Rights” poster and ensure that it is posted in a conspicuous location as noted herein. The poster is free to download and easily accessible to employers. Notably, employers who fail to comply with these requirements are subject to fines for noncompliance (currently, a maximum of $612 but the penalty is adjusted annually). Employers also run the risk of compromising defenses to an EEOC claim if they fail to comply with the posting requirement.
Author Stephanie Wolbransky is an associate the labor & employment practice group at Klehr Harrison.