New EEOC Labor Law Poster

There’s a new EEOC labor law poster.

The U.S. Equal Employment Opportunity Commission (EEOC) on Oct. 19, 2022, announced the federal labor law poster update.

A new Know Your Rights: Workplace Discrimination is Illegal poster updates and replaces the previous EEO is the Law poster. Covered employers are required to display it at their locations.

It has been about six years since the last update to a federal labor law poster. The English version of the EEO is the Law poster hadn’t been updated since 2009. (The EEOC made slight tweaks to the poster this week, as well.)

Get More Out of Your Labor Law Poster Program

New EEOC Labor Law Poster

The new EEOC poster has been released in English and Spanish, and it will be available in additional languages at a later date. (GovDocs Update Program clients can expect a new poster to be delivered to their affected locations soon.)

At a high level, the EEOC labor law poster still outlines federal laws barring job discrimination based on:

• Race
• Color
• Sex (including pregnancy and related conditions, sexual orientation or gender identity)
• National origin
• Religion
• Age (40 and older)
• Equal pay
• Disability or genetic information (including family medical history or genetic tests or services)

It also includes information on retaliation for “filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation or proceeding.”

However, the new federal labor law poster does include some changes for employers to note.

Changes to the New EEOC Labor Law Poster

EEOC officials touted the changes as a win-win for both employers and employees.

“By using plain language and bullet points, the new poster makes it easier for employers to understand their legal responsibilities and for workers to understand their legal rights and how to contact EEOC for assistance. The poster advances the EEOC’s mission both to prevent unlawful employment discrimination and remedy discrimination when it occurs,” EEOC Chair Charlotte A. Burrows said in a statement.

The new EEOC Know Your Rights poster includes the following changes:

• Straightforward language and formatting
• Harassment is a prohibited form of discrimination
• Sex discrimination includes bias based on pregnancy and related conditions, sexual orientation or gender identity
• A new QR code directing people to a webpage on how to file charges
• Information about equal pay discrimination for federal contractors

Covered Employers Under the New EEOC Labor Law Poster

Employers that must display the new EEOC Know Your Rights Poster are the same as those under the previous iteration. Every employer covered by federal nondiscrimination and EEO laws is required to display it.

An employer must have a certain number of employees to be covered by the laws the EEOC enforces. Federal officials have provided resources for employers:

• Business/private employers
• State or local governments
• Federal government agencies
• Employment agencies
• Labor unions

Providing the New EEOC Labor Law Poster to Employees

Employers will likely be working to get the new EEOC federal labor law poster displayed in their locations in the coming weeks.

But the EEOC also encouraged covered employers make the new poster available in a digital format.

In most cases, electronic postings supplement the physical posting requirement. In some situations — for example, for employers without a physical location or have remote employees who do not visit the workplace on a regular basis — it may be the only posting.

As always, it’s worth noting that covered employers are subject to fines for noncompliance.

Digital Labor Law Posters for Remote/Hybrid Employees

Meanwhile, the Americans with Disabilities Act requires that posters of federal laws prohibiting job discrimination be made available in a location that is accessible to applicants and employees with disabilities that limit mobility. Regardless of an employee’s physical ability, they must have access to updated labor law posters.

Conclusion

A federal labor law poster update is always a major concern for employers. And the new EEOC federal labor law poster is, of course, no exception.

Employers should determine whether they are required to display the new poster and act accordingly.