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.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Evandro Gigante Evandro Gigante

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of…

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

Photo of Laura Fant Laura Fant

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns…

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns, with a focus on legal compliance, risk management and mitigation strategies, and workplace culture considerations.

Laura regularly counsels clients across numerous industries on a wide variety of employment matters involving recruitment and hiring, employee leave and reasonable accommodation issues, performance management, and termination of employment . She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies, as well as provides training on topics including discrimination and harassment in the workplace. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog and The Proskauer Brief podcast.

Photo of Hannah Morris Hannah Morris

Hannah D. Morris is an associate in the Labor Department and a member of the Employment Litigation & Counseling Group.

During her time at Proskauer, Hannah has assisted in litigation and investigation matters involving workplace harassment, discrimination, and retaliation. She also assists employers…

Hannah D. Morris is an associate in the Labor Department and a member of the Employment Litigation & Counseling Group.

During her time at Proskauer, Hannah has assisted in litigation and investigation matters involving workplace harassment, discrimination, and retaliation. She also assists employers in counseling matters, such as drafting employment handbooks and researching workplace policies.

Hannah earned her J.D. from the University of Virginia School of Law. While in law school, she served as a Research Assistant for Professor Richard J. Bonnie working on matters related to juvenile justice. Additionally, she interned for the Office of the Public Defender for Arlington County and the City of Falls Church.

Prior to law school, Hannah was a Teach for America Corps member teaching Fourth Grade in Eastern North Carolina.