The US Equal Employment Opportunity Commission (EEOC) announced that they have released the ‘Know Your Rights’ poster, which updates and replaces the previous “EEO is the Law” poster. Covered employers are required by federal law to prominently display the poster at their work sites. A number of the laws that the EEOC enforces require covered employers to post a notice describing the Federal laws prohibiting job discrimination. The new poster summarizes these laws and explains that employees or applicants can file a charge if they believe that they have experienced discrimination. The poster shares information about 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,
- Genetic information (including family medical history or genetic tests or services), and includes
- Retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.
The new poster also includes these changes:
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;
- Provides information about equal pay discrimination for federal contractors.
The poster is available in English and Spanish and will be available in additional languages at a later date.
The poster should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. In addition to physically posting, covered employers are encouraged to post the notice digitally on their websites in a conspicuous location. In most cases, electronic posting supplements the physical posting requirement. In some situations (for example, for employers without a physical location or for employees who telework or work remotely and do not visit the employer’s workplace on a regular basis), it may be the only posting.
Printed notices should also be made available in an accessible format, as needed, to persons with disabilities that limit the ability to see or read. Notices can be recorded on an audio file, provided in an electronic format that can be utilized by screen-reading technology or read to applicants or employees with disabilities that limit seeing or reading ability. A screen-readable electronic format is available here.
Compliance Perspective
Issue
Employers are required by the EEOC to post a notice describing the Federal laws prohibiting 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), and retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding. The Americans with Disabilities Act (ADA) requires that notices of Federal laws prohibiting job discrimination be made available in a location that is accessible to applicants and employees with disabilities that limit mobility. Covered employers are subject to fines for noncompliance.
Discussion Points
- Review your policies and procedures for prevention of discrimination and retaliation. Ensure that the new EEOC poster is placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted.
- Train staff about their rights to be free of discrimination in the workplace, including preventing retaliation. Teach staff to report any concerns of discrimination to their immediate supervisor, the administrator, human resources, the compliance and ethics officer, or through the facility’s hotline.
- Periodically audit by anonymously polling staff to determine if they may be experiencing discrimination in the workplace, or if they have observed it happening to others. In addition, ensure that all staff are aware of how to report any concerns of discrimination. Also audit to ensure that required posters are displayed correctly both physically and digitally.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
