On October 19, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new ‘Know Your Rights’ poster. The updated poster is titled ‘Know Your Rights: Workplace Discrimination is Illegal.’ This poster replaces the previous ‘EEO is the Law’ poster.

The updated ‘Know Your Rights’ poster requires covered employers to replace their ‘EEO is the Law’ posters. Both are aimed at providing employees with information regarding discrimination based on:

• Race, color, sex (including pregnancy and related conditions, sexual orientation, or gender identity), national origin, religion,
• Age (40 and older),
• Equal pay,
• Disability,
• Genetic information (including family medical history or genetic tests or services), and includes
• Retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.

The new poster is aimed at communicating the above information in a more direct manner. Specifically, the poster includes five notable changes described below.

• 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 equal pay discrimination for federal contractors.

The updated poster can be found HERE and should be displayed in a conspicuous location. The updated poster in Spanish can be found HERE.

EEOC laws generally apply to employers with over fifteen employees. A conspicuous location is one where notices to employees are customarily posted. Examples include a break room or lunchroom. The EEOC also encourages employers to publish the posters online. In some situations, electronic posting can supplement the physical posting requirement.

What does this mean for employers? Covered employers must replace their previous EEOC posters with the updated one in a location visible enough for all employees to see.

Kemp Smith's Labor and Employment lawyers are available to assist with this and any other employment-related issues or questions.