Out with the old, in with the new. The Equal Employment Opportunity Commission (EEOC) recently replaced its “EEO is the Law” poster with a new poster entitled “Know Your Rights.” As the name suggests, the new poster summarizes federal laws prohibiting workplace discrimination and retaliation and identifies the reporting process for employees and applicants who wish to file discrimination complaints. The “Know Your Rights” poster includes the following 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, and gender identity;
• Adds a QR code for direct digital access to the EEOC’s webpage on how to file a charge; and
• Provides information about equal pay for federal contractors.

Covered employers (generally, those with 15 or more employees) should place these posters in a conspicuous location in the workplace where notices to applicants and employees are usually posted, such as the breakroom.

Employers with remote or hybrid workers should consider posting a digital version of the “Know Your Rights” poster to their website or intranet. Not only does this supplement any physical posting, but it informs workers who telecommute or who do not frequently come into the office of their rights. This can be accomplished in several ways, such as including an easily accessible space in your intranet or employee portal for all federal, state, and local posters and notices. Communicate with all employees about where and how they can access these postings electronically. Additionally, you may want to use your employee handbook or handbook acknowledgment page to direct employees to the virtual location of postings. Finally, if you conduct hiring remotely, you should also include all required posters in your applicant portal and applicant tracking system.

The EEOC has not yet set a deadline for replacing the “EEO is the Law” poster with the new “Know Your Rights” poster. However, employers should make the switch as soon as practicable since noncompliant employers are subject to fines.

If you have any questions regarding this requirement or any other employment-related notice which employers are required to display, please contact one of Gray Reed’s Labor & Employment attorneys.

For printing/posting in the workplace:

• “Know Your Rights: Workplace Discrimination is Illegal” - English

• “Know Your Rights: Workplace Discrimination is Illegal” - Spanish

For screen readers/electronic posting:

• “Know Your Rights: Workplace Discrimination is Illegal" - PDF, Optimized for Screen Readers, English

• “Know Your Rights: Workplace Discrimination is Illegal” - HTML, English

• “Know Your Rights: Workplace Discrimination is Illegal” - HTML, Spanish