EEOC Issues New Mandatory Workplace Poster
by Teresa R. Tracy
On October 19, 2022, the federal Equal Employment Opportunity Commission (EEOC) released an updated poster that must now be posted. The new poster, which is titled “Know Your Rights”, replaces the previous “EEO is the Law” poster. The new poster now includes a QR code for applicants and employees to link directly to instructions for how to file a charge of workplace discrimination with the EEOC. It uses plain language and bullet points in an effort to make it easier for employers to understand their legal responsibilities and for workers to understand their legal rights and how to contact the EEOC. It is currently available in English and Spanish and will be available in additional languages at a later date.
Covered employers are required by federal law to prominently display the poster at their worksites in a location where employees and applicants are likely to see it. In addition, covered employers are encouraged – but not required – 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.
The EEOC has not indicated a deadline by which the new poster must be used. However, employers should promptly begin using it in order to avoid potential fines and claims related to the failure to post. Many employers use “composite” posters from commercial vendors that include a number of posters in one. Such employers should post the new EEOC poster next to the composite poster, and not wait for a new composite poster to be issued and purchased.
The new poster is available on the EEOC’s website in formats for screen readers/electronic posting, as well as for printing and posting in the workplace. CLICK HERE to access the new poster links.
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This article is made available for educational purposes and to provide general information on current legal topics, not to provide specific legal advice. The publication of this article does not create any attorney-client relationship and should not be used as a substitute for competent legal advice from a licensed professional attorney.
