On October 19, 2022, the U.S. Equal Employment Opportunity Commission released an updated “Know Your Rights: Workplace Discrimination is Illegal” poster which will replace the previous “EEO is the Law” poster. (They then slightly updated the new poster again on October 20.) Employers are required by law to post a notice describing the federal laws prohibiting workplace discrimination based on race, color, sex (including pregnancy and related conditions, sexual orientation, or gender identity), national origin, religion, age, equal pay, disability or genetic information (including family medical history or genetic tests or services), and retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.

The new poster summarizes these laws in an efficient, easy-to-read format which will allow employees or applicants to learn how to file a complaint if they believe they have experienced discrimination. Employers are required to prominently display the poster at their work sites and are encouraged to post the notice digitally on their websites in a conspicuous location.

The new poster includes the following changes:

• Uses straightforward language and formatting;
• Notes that harassment is a prohibited form of discrimination;
• Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity;
• Adds a QR code for fast digital access to the how to file a charge webpage; and
• Provides information about equal pay discrimination for federal contractors.

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

The Department of Labor requires that employers provide certain notices to employees and/or post certain notices in the workplace. Not all employers are required to post all notices. For more information concerning required posters in the workplace, please visit the U.S. Department of Labor website here. State Departments of Labor may have additional requirements.

If you have questions regarding your obligations as an employer, the employment attorneys at Martin Pringle are ready to help.