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Replace your federal workplace discrimination poster

News Compliance Courier

NEWS:  In October, the U.S. Equal Employment Opportunity Commission (EEOC) introduced a new “Know Your Rights” workplace poster. The new poster replaces the now-outdated “Equal Employment Opportunity is the Law” poster.

Like the old poster, the new one informs employees of their rights to be free from unlawful workplace harassment and discrimination under federal law.

The new poster summarizes federal laws and explains that employees, union members or applicants can file a charge with the EEOC if they suspect they have experienced discrimination. The poster shares information about discrimination based on:

  • Race.
  • Color.
  • Sex.
  • Pregnancy and related conditions.
  • Sexual orientation.
  • Gender identity.
  • National origin.
  • Religion.
  • Age (40 and older).
  • Equal pay.
  • Disability.
  • Genetic information, including family medical history or genetic tests or services.
  • Retaliation for filing a charge; reasonably opposing discrimination; or participating in a discrimination lawsuit, investigation or proceeding.

What’s changed

Compared to the old poster, the new “Know Your Rights” poster:

  • 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.

Which CUs must display the new poster

Covered employers required to display the poster are those with 15 or more employees for at least 20 calendar weeks in this year or last.

Accessing the poster

Employers can download and print it from the EEOC’s website.

How to display the new poster

Covered employers must place the new poster in a conspicuous location in the workplace where posters/notices to applicants and employees are customarily posted. In addition to physically posting, the EEOC encourages covered employers to publish the poster on their websites in a conspicuous location.

The EEOC also asserts that, for covered employers with no physical location or for employees who work remotely and do not visit their employer’s physical workplace on a regular basis, posting the “Know Your Rights” poster digitally online “may be the only posting.”

The new poster should also be made available in an accessible format, as needed, to persons with disabilities that limit the ability to see or read.

Deadline & non-compliance

The EEOC has not yet announced a specific deadline for replacing the now-outdated “EEOC is the Law” poster, but instead directs that employees are required to swap out their postings “as soon as possible.” 

Employers face a monetary fine for noncompliance, so waiting is a risky option. Failure to post the “Know Your Rights” poster may result in a fine of $569 per offense.