On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) published an updated ‘Know Your Rights’ workplace poster which replaces the previous “EEO is the Law” poster. The updated poster summarizes major provisions of Federal laws prohibiting employment discrimination and informs employees how to file a complaint for alleged violations.

What To Know

The updated ‘Know Your Rights’ poster contains several formatting changes which make the language more straightforward. This change enables employers to more easily understand their legal responsibilities and for workers to understand their rights.

The updated poster also contains several substantive changes that clarify the scope of certain forms of discrimination. These changes include:

• Clarifies 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; and
• Provides additional information about equal pay discrimination for federal contractors.

Finally, the poster includes a QR code that can be scanned by a compatible digital device, such as an employee’s phone, for easy access to the EEOC’s webpage with instructions for how to file a Charge of Discrimination.

The poster is currently available in English and Spanish and will be available in additional languages in the future.

What To Do Now

Every covered employer is required to post the updated poster in a conspicuous, prominent location in the workplace where it can be readily seen by employees and applicants of employment. The EEOC also encourages employers to make the poster available in a digital format by electronically posting the poster on their websites in a conspicuous location. For those employers without a physical location or for employees who telework and do not visit the employer’s workplace, notice should be posted on the employer’s website in a conspicuous location in order to satisfy the posting requirements.

Employers may also want to update handbook policies to incorporate language concerning sex discrimination and harassment, consistent with the new poster.

Although the EEOC has not yet announced a compliance deadline, covered employers should immediately post the updated poster, which can be found here.