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EEOC Requires Employers to Replace “EEO is the Law” Poster with “Know Your Rights” Poster

In October, 2022, the EEOC released a “Know Your Rights” poster, updating and replacing the previous “EEO is the Law” poster. Covered employers are (1) required by federal law to prominently display this poster at their work sites and (2) encouraged to digitally post a notice on their websites in a conspicuous location. In most instances, the electronic posting is in addition to the physical posting. However, electronic posting is required when it is the only posting for employees who telecommute, work remotely, or do not visit the workplace regularly, and for employers without a physical location. The poster is available in English and Spanish and will be available in additional languages at a later date. Covered employers are subject to fines if they fail to comply with these obligations. Changes to the “Know Your Rights” poster include:

  • Using straightforward language and formatting;

  • Noting that harassment is a prohibited form of discrimination;

  • Clarifying that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity;

  • Adding a QR code for fast digital access to the “How to File a Charge” webpage; and

  • Providing information about equal pay discrimination for federal contractors.

Employers should continue to be mindful of the additional posting requirements under other federal agencies including those set forth by the Department of Labor. There are also posting and distribution requirements under New Jersey law.

This summary is for informational purposes only and is not intended to constitute legal advice. This information should not be reused without permission.