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In Case You Missed It: A Reminder to Upgrade to the New EEOC Poster

By Smith Currie & Hancock, Lexology, November 17 2022

Between a constantly changing regulatory environment, supply chain issues, inflation, and the 2022 mid-term elections, it can be easy to miss relatively small changes to regulatory requirements for federal government contractors and construction professionals. One change that might have been missed is, thankfully, an easy requirement to complete.

Companies subject to regulatory oversight by the Equal Employment Opportunity Commission (EEOC), including all federal government contractors and subcontractors, are required to display an EEOC poster informing employees about federal law protections against workplace discrimination. Noncompliance can result in fines.

On October 20, 2022, the EEOC released a new poster entitled “Know Your Rights: Workplace Discrimination is Illegal.” This new poster updates the language contained in past iterations of the EEOC poster and should be placed in a conspicuous location “within a reasonable amount of time.”[1]

Employers subject to EEOC oversight will recognize much of the substance of the new poster from the now-outdated “EEO is the Law” poster, which also alerted employees to federal law protections, including those against unlawful discrimination based on race, color, sex, national origin, religion, age, disability, genetic information, and against unlawful retaliation.

The new “Know Your Rights” poster uses simpler language and bullet points to clarify several elements compared to the existing poster, incorporating changes in regulations that have taken place over the last several years. It is available in both English and Spanish.

The new “Know Your Rights” poster also includes a new section that specifically identifies information regarding unlawful pay discrimination for employers holding federal contracts or subcontracts, and it clarifies that workplace harassment can be challenged as unlawfully discriminatory and that unlawful sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, and gender identity. The new “Know Your Rights” poster also includes a QR code which links to the EEOC website.

EEOC covered employers must place the poster “in a conspicuous location in the workplace where notices to applicants and employees are customarily posted,”[2] subject to considerations based on the federal Americans with Disabilities Act (ADA), and are encouraged to post electronic versions on company websites. Additionally, “federal contractors are still required to post the Pay Transparency Nondiscrimination Provision and include it in employee handbooks and manuals.”[3]

To learn more about the changes, visit https://www.eeoc.gov/poster.

[1] https://content.govdelivery.com/accounts/USEEOC/bulletins/3344c18

[2] https://www.eeoc.gov/newsroom/eeoc-releases-updated-know-your-rights-poster

[3] https://content.govdelivery.com/accounts/USDOLOFCCP/bulletins/334b325