EEOC REBOOT: New “Know Your Rights” Poster is Revised One Day After Publication

Take a look at your workplace posters:   

• Have you posted EEOC’s new "Know Your Rights: Workplace Discrimination is Illegal" poster?
• If you have, look closely at the bottom righthand corner: Does it say (Revised 10/20/2022)? 

If your answer to either of these questions is no, it’s time for a change. 

The old "EEO is the Law" poster is now retired—replaced with the new "Know Your Rights: Workplace Discrimination is Illegal" ("Know Your Rights") poster.  Here is where you can find the newest required poster.

The fine print matters! EEOC initially distributed a 10/19/2022 version of the Know Your Rights poster. Some employers posted that version, but EEOC quickly replaced that version with a message to employers:  "Employers, please note a new version of the "Know Your Rights: Workplace Discrimination is Illegal" poster has replaced and supersedes a version uploaded on 10/19. Please use the version marked"(Revised 10/20/2022)" going forward. We apologize for any inconvenience."

EEOC offers the following Know Your Rights posting advice:

• Place the poster in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. Make sure these locations are accessible to applicants and employees with disabilities that limit mobility.
• Make printed notices available to persons with vision or reading disabilities in an accessible format. Notices can be recorded on an audio file, provided in an electronic format that can be utilized by screen-reading technology, or read to persons with vision or reading disabilities. A screen-readable electronic format is available for download here.
• Digital posting on the employer web site in a conspicuous location is encouraged. Electronic posting usually supplements the physical posting requirement, but for employers without a physical location or for employees who work remotely and do not visit the workplace on a regular basis, it may be the only posting.

In Frequently Asked Questions emailed to EEOC subscribers, the following additional information was provided:

When do employers need to post by?

• The laws that require covered employers to post the "Know Your Rights" poster don’t provide a specific deadline for replacing the "EEO is the Law" poster with the updated "Know Your Rights" poster. Employers should remove the old poster and display the new one within a reasonable amount of time.

Does this version replace the prior poster and the supplement?

• Yes.

I printed the updated poster on October 19, 2022. Do I need to print it again?

• Yes. The new version of the "Know Your Rights: Workplace Discrimination is Illegal" poster has replaced and supersedes a version uploaded on 10/19. Please use the version marked "(Revised 10/20/2022)" going forward.

Can I request a printed copy from the EEOC?

• No. The EEOC does not provide printed copies of the poster. Employers should download and print the two-page PDF.

Is the poster available in languages other than English?

• The poster is available in English and Spanish and will be available in additional languages at a later date.

What’s New with the Poster?

The new Know Your Rights poster expressly mentions harassment as a prohibited form of discrimination, and expressly defines sex discrimination as including discrimination based on pregnancy and related conditions, sexual orientation, or gender identity.

The poster also includes a notice that federal contractor employees are protected from discrimination for inquiring about, disclosing, or discussing their compensation or the compensation of other applicants or employees.  This notice eliminates the need to post the EEO is the Law supplement notice.

Internet links and EEOC email addresses are listed to allow individuals to contact the EEOC if they suspect they have been the victim of prohibited discrimination.

A QR code is provided on the new poster that links directly to an EEOC website with instructions on how to file a workplace discrimination charge with the EEOC.

Employer Action Items

• Check your current workplace postings, hard copy and electronic, to ensure the new 10/20/2022 version of the Know Your Rights: Workplace Discrimination is Illegal poster is posted, and remove the superseded EEO is the Law and supplement posters
• Confirm that in your physical workplaces, the poster is located in places accessible to employees and applicants where employee notices customarily are posted, and that these places are accessible to persons with mobility disabilities
• Confirm that remote workers have access to electronically posted posters
• Be sure that hard copy and electronic posters are available in accessible formats for persons with disabilities
• Now is a good time to check and confirm that all other federal and state workplace postings are up to date. Federal postings required by the laws enforced by the U.S. Department of Labor can be found here (USDOL has not yet updated its website with the new "Know Your Rights" poster)

For more information on workplace posting requirements, please contact Kim Korando.