By Anita Byer, Setnor Byer Insurance & Risk
At a glance…
- The EEOC released a new mandatory workplace poster – Know Your Rights: Workplace Discrimination is Illegal – to replace the previous EEO is the Law poster.
- The new poster includes various changes, including the addition of a QR code for fast digital access to the EEOC’s file a charge webpage.
- Most private employers are required to post the new poster in a conspicuous place upon its premises where notices to employees and applicants are customarily maintained.
- Download Know Your Rights: Workplace Discrimination is Illegal and post it now.
The Equal Employment Opportunity Commission released a new mandatory workplace poster entitled Know Your Rights: Workplace Discrimination is Illegal. This new poster was created to update and replace the ubiquitous EEO is the Law poster. Not familiar with this poster? Check the bulletin board in your employee break room and look behind the ancient flyers for garage sales and guitar lessons. Once you find it, take it down and replace it with the new poster. Because the Know Your Rights poster, like its predecessor, must be prominently displayed in most private workplaces.
Every covered employer is required to conspicuously post the new Know Your Rights poster upon its premises. This includes every employer covered by Title VII of the Civil Rights Act, the Americans with Disabilities Act or the Genetic Information Nondiscrimination Act. The poster summarizes various laws enforced by the EEOC and includes information about discrimination based on:
- race, color, sex (including pregnancy and related conditions, sexual orientation, gender identity), national origin, religion;
- age (40 and older);
- equal pay;
- disability and genetic information; and
The Know Your Rights poster includes a number of changes designed to make it easier for employers to understand their legal responsibilities and for workers to understand their legal rights and how to contact EEOC for assistance. The new poster:
- 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; and
- provides information about equal pay discrimination for federal contractors.
The Know Your Rights poster must be posted in a conspicuous place where notices to applicants and employees are customarily posted. In addition to physically posting, the EEOC encourages covered employers to conspicuously post the notice digitally on their website. In most cases, electronic posting supplements the physical posting requirement. However, for employers without a physical location or employees working remotely, it may be the only posting.
Finally, be sure to use the correct version of the new poster, which you can download here. The following notice was posted on the EEOC’s website. “Employers, please note a new version of the “Know Your Rights: Workplace Discrimination is Illegal” poster has replaced and supersedes a version uploaded on 10/19. Please use the version marked “(Revised 10/20/2022)” going forward. We apologize for any inconvenience.”
Failing to post the Know Your Rights poster as required may result in a fine (adjusted for inflation) that is currently up to $612 per offense. To protect against costly employment-related claims, employers should have a policy prohibiting workplace discrimination and harassment. Managers and employees should be trained to prevent and avoid unlawful behavior. Employment Practices Liability Insurance is also needed to cover the high cost of defending actual and alleged claims of unlawful conduct.