On October 19, 2022, the Equal Employment Opportunity Commission released an updated “Know Your Rights: Workplace Discrimination is Illegal” poster that covered employers under federal law are required to prominently display in the workplace.  The poster summarizes protections under various anti-discrimination laws that the EEOC enforces, such as Title VII, the Pregnancy Discrimination Act, and the Americans with Disabilities Act, and gives employees information on how to file a charge of workplace discrimination with the EEOC.

Changes made from the previous version of the “Know Your Rights” poster include:

• Uses more straightforward language and formatting;
• Notes that harassment is an employment practice that can be challenged as discriminatory;
• States that sex discrimination can also encompass pregnancy and related conditions, sexual orientation, and gender identity;
• Provides a QR code that allows employees quick digital access to the EEOC’s “How to File a Charge of Employment Discrimination” webpage; and
• Includes a section covering equal pay discrimination for federal contractors.

The EEOC provides separate posters on its website for employers to post in the workplace and on digital platforms, including posters in Spanish. According to the webpage, the posters should be placed in a “conspicuous location” in the workplace where such notices are customarily put. Employers are also encouraged to post electronic notices in a conspicuous location on the employer’s website—and may be required to in some cases, for instance, where a covered employer operates without a physical worksite. In addition, the Americans with Disabilities Act requires that notices of federal laws prohibiting job discrimination must be made accessible to applicants and employees with disabilities that limit their mobility or their ability to read or see.

Takeaway for Employers

Employers should replace their existing poster with the updated version and ensure that it is posted in a conspicuous location at the physical workplace (and online, if required or part of the employer’s regular practice). Covered employers are subject to fines for noncompliance.