What Employers Need to Know About EEOC’s New Mandatory Workplace Poster

By Scott Fanning © Fisher Phillips October 26, 2022
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chalkboard says know your rights

​Businesses with at least 15 employees need to replace their workplace discrimination poster with a new poster that the U.S. Equal Employment Opportunity Commission (EEOC) recently published.

Although the EEOC issued the initial update on Oct. 19, you should note that the agency released a revised version the next day, and the Oct. 20 poster is the operative version. Any employers that downloaded the initial release should make sure they have posted the correct version. The new notice must be posted in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. What do you need to know about the update?

What Changed?

The EEOC issued the new "Know Your Rights: Workplace Discrimination is Illegal," which replaces the former "EEO is the Law" poster. The new poster contains 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.
  • Provides information about equal pay discrimination for federal contractors.
  • Includes a QR code that enables workers to use their smartphones or another compatible digital device to quickly access the EEOC's website on how to file a charge.

Digital Posting Encouraged

The EEOC is encouraging employers to post the notice digitally on their websites in a conspicuous location, especially in the case of employers without a physical location, or for employees who work remotely and do not visit the employer's workplace on a regular basis.

The EEOC has not specified a date for replacing the "EEO is the Law" notice with the new poster, but you are encouraged to do so as soon as possible.

Scott Fanning is an attorney with Fisher Phillips in Chicago. © 2022. All rights reserved. Reprinted wit permission. 

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