Federal law has long required employers to display in their worksites a poster promulgated by the EEOC. The EEOC has now released a new poster, titled “Know Your Rights,” to update and replace the previous poster (“EEO is the law”). The new poster – found at Know Your Rights (eeoc.gov) – includes a QR code that links to instructions for filing a charge of discrimination with the EEOC. The EEOC asserts that the new poster simplifies the employer’s obligations and the employees’ rights under federal EEO law. Substantively, the new poster adds clarification:
- that harassment is a prohibited form of discrimination;
- that sex discrimination includes discrimination based on pregnancy, sexual orientation, and gender identity; and
- regarding restrictions applicable to federal contractors and subcontractors, including non-discrimination for asking about, disclosing or discussing their compensation or the compensation of others, affirmative action obligations, and non-discrimination based on race, color, religion, gender, sexual orientation, gender identity, disability, and veteran status.
“Covered employers,” those with fifteen or more employees, or are a covered federal contractor or subcontractor, must prominently display the poster in a “conspicuous place,” typically the place where notices to employees are usually posted. The EEOC also encourages employers to also post the notice digitally on their websites. Digital posting is especially important when some employees work remotely or otherwise do not visit the workplace on a regular basis.
The penalty for violating the posting requirement is $576 per offense. Additionally, some courts have extended the time for employees to sue under the relevant EEO laws where the employers failed to post or provide notice of employees’ rights.
If you have questions about the new poster or other employment regulations, please contact the Thompson Coburn attorney with whom you usually work.
Allyn Lowell is a member of Thompson Coburn’s Labor & Employment group.