EEOC Updates its EEO Law Poster

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Recently, the U.S. Equal Employment Opportunity Commission (EEOC) released its new "Know Your Rights: Workplace Discrimination is Illegal" poster, which updates and replaces the previous “EEO is the Law” poster. Covered employers are required by law to prominently display the updated poster at their work sites.  The poster summarizes federal laws prohibiting job-related discrimination and explains how employees or applicants can file a complaint if they believe they have experienced discrimination.

The EEOC notes the new poster makes several updates to the former poster:

• The language and formatting are more straightforward;
• Identifies harassment as a prohibited form of discrimination;
• Clarifies that sex discrimination includes discrimination based on pregnancy (and related conditions), sexual orientation, or gender identity;
• Provides equal pay discrimination information for federal contractors; and
• Implements a QR code to quickly access charge filing information.

It is important to remember that employers should place this poster in a conspicuous location in the workplace—typically where notices to applicants and employees are customarily posted. The Americans with Disabilities Act (ADA) requires that the notice be made available in a location that is accessible to applicants and employees with disabilities that limit mobility. In addition, with the increase of telework and work-from-home positions, employers are encouraged to post a notice digitally on their websites to supplement the physical posting in office.

Versions of the updated poster, optimized for multiple formats, can be found at the EEOC’s website, here.

In addition, for employers in South Carolina, the SC Human Affairs Commission recently revised its state EEO law poster; the new poster is available here.

While no deadline to swap these posters has been announced, it is important for employers to replace the “EEO is the Law” poster as soon as possible, as covered employers may be fined for noncompliance.