EEOC REQUIRES EMPLOYERS TO REPLACE THE “EEO IS THE LAW” POSTER WITH THE “KNOW YOUR RIGHTS” POSTER
In October 2022, the EEOC released a “Know Your Rights” poster, updating and replacing the previous “EEO Is The Law” poster. The covered employers are…
Required by federal law to prominently display this poster at their worksites; and
Encouraged to digitally post a notice on their websites in a conspicuous location
➡️ Using straightforward language and formatting
➡️ Noting that harassment is a prohibited form of discrimination
➡️ Providing information about equal pay discrimination for federal contractors
The “Know Your Rights” poster's substantive updates include:
➡️ Noting harassment is a prohibited form of discrimination
➡️ Clarifying that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity; and
➡️ Providing information about equal pay discrimination for federal contractors
WHAT IS REQUIRED? – The “Know Your Rights” poster must be prominently displayed in the workplace, and It should be in a location where notices to applicants and employees are typically posted, such as a break room or locker room.
With the recent shift towards remote work, many workplaces look different. The EEOC recommends that employers post an additional notice on their website or otherwise make it available to their employees.
Whether digital or physical, under the Americans with Disabilities Act, the poster must be accessible to applicants and employees with disabilities. The posted location must be accessible to those with mobility-limiting disabilities. For persons with a disability limiting their seeing or reading abilities, the notice must be in an accessible format such as reading it aloud or providing an audio file. The EEOC website has an English screen-readable electronic format for employers.
Even though the EEOC has yet to announce a compliance date, it encouraged covered employers to make the switch as soon as possible. When the time does roll around, noncompliance could at a cost of up to $612 per location, plus it could be considered a sign of “bad faith” in a claim for discrimination. In some circumstances, it may even extend the time to file a lawsuit.
This document is designed for general information only. The information presented on this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship.
For more information on this and other topics, please contact Kevin via any of the channels listed below:
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