New Workplace Posting Requirement from the EEOC

On October 19, the Equal Employment Opportunity Commission (“EEOC”), which is the federal agency responsible for administering and enforcing federal workplace discrimination laws, released a new version of a required workplace poster. The new “Know Your Rights” poster (available through the EEOC’s website) replaces the “EEO is the Law” poster and shares the current list of characteristics protected under federal non-discrimination laws, including clarifying that discrimination on the basis of gender identity, sexual orientation, and pregnancy discrimination are all considered forms of sex discrimination. The poster shares examples of discriminatory or retaliatory conduct, and notifies employees what steps they can take if they believe discrimination has occurred, including by using a new QR code included on the poster that sends employees to the EEOC’s page on “How to File a Charge of Employment Discrimination.”
Employers with fifteen or more employees should replace their “EEO is the Law” poster with this new “Know your Rights” poster as soon as practical. The EEOC encourages workplaces to make this poster and its associated information available to employees online, but note that doing so is not a replacement for having the physical poster unless your workforce is entirely remote. The current maximum penalty for an employer who fails to appropriately post this poster is $612.00.
Employers with questions about discrimination, workplace postings, or other employment laws or requirements should feel free to contact a member of Drummond Woodsum’s Labor and Employment team for assistance.

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