Mar 09, 2023

EEOC Issues New Nondiscrimination Poster

Employers need to display a new poster, issued in October 2022, outlining workers' rights under antidiscrimination statutes. Read on to see what the poster explains to make sure you're following EEOC guidance.

The U.S. Equal Employment Opportunity Commission has released the "Know Your Rights" poster, which updates and replaces the previous “EEO Is the Law” poster, according to EEOC guidance.

The poster summarizes key laws and explains that employees or applicants can file a charge if they believe they have experienced discrimination. The poster shares information about discrimination based on:

• Race, color, sex (including pregnancy and related conditions, sexual orientation, or gender identity), national origin and religion.
• Age (40 and older).
• Pay.
• Disability.
• Genetic information (including family medical history or genetic tests or services).

It also includes retaliation for filing a charge, reasonably opposing discrimination or participating in a discrimination lawsuit, investigation or proceeding.

What are the key changes?

According to the EEOC, the new Know Your Rights poster includes these changes:  

• Uses straightforward language and formatting.  
• Notes that harassment is a prohibited form of discrimination. 
• Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation or gender identity.
• Adds a QR code for fast digital access to the how-to-file-a-charge webpage.
• Provides information about pay discrimination for federal contractors.

The poster is available in English and Spanish and will be available in additional languages at a later date.

What are the posting rules?

Like other required posters, this one should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. In addition to a physical posting, covered employers are encouraged to post a notice digitally on their websites in a conspicuous location. In most cases, electronic posting supplements the physical posting requirement. In some situations (for example, for employers without a physical location or for employees who telework or work remotely and do not visit the employer's workplace on a regular basis), it may be the only posting. Covered employers are subject to fines for noncompliance. 

Covered employers are required by federal law to prominently display the poster at their work sites. The EEOC's webpage for the poster provides information about where to post it. The Americans with Disabilities Act requires that notices of federal laws prohibiting job discrimination also be made available in a location that is accessible to applicants and employees with disabilities that limit mobility. 

Consult the EEOC website, your poster provider or another qualified consultant to make sure you are following the essential rules. 

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