November 14, 2022 Article

New EEOC Poster Requirement and Guidance on Notice-Posting in Hybrid Workplaces

A modified version of this article was published in Mainebiz on February 3, 2023. Read the article here.


The U.S. Equal Opportunity Commission (“EEOC”) recently updated the “EEO is the Law” poster and replaced it with a new one: “Know Your Rights: Workplace Discrimination is Illegal.” The new poster was initially released on October 19, 2022 but was replaced by an updated version on October 20, 2022.  Although no firm deadline has been set for replacing the poster, the EEOC expects covered employers to update their posters within a reasonable amount of time.  When you update your poster, be sure to use the version marked as Revised 10/20/2022.

By way of background, the EEOC enforces several federal laws (e.g., Title VII, ADA, ADEA, GINA) that prohibit discrimination and that require covered employers to post a notice summarizing the law and explaining how employees or applicants can file a charge based on discrimination.  To streamline notice-posting compliance efforts under these laws, the EEOC requires covered employers to prominently display a single poster made by the EEOC that includes information about discrimination based on race, color, sex (including pregnancy and related conditions, sexual orientation, or gender identity), national origin, religion, age, equal pay, disability, genetic information, and retaliation. 

The new “Know Your Rights” poster differs from the old “EEO is the Law” poster in several ways.  The new poster uses plain language and bullet points to more effectively inform workers about their legal rights and how to contact the EEOC for assistance.  Substantively, the new poster adds information about equal pay discrimination for federal contractors, adds harassment as a prohibited form of discrimination, and clarifies that sex discrimination includes discriminated based on pregnancy and related conditions, sexual orientation, or gender identity.  Through a QR code on the hard-copy version and a direct link on the digital version, the new poster also improves access to the EEOC webpage on how to file a charge.

Covered Employers

Generally, federal law requires private sector and state and local government employers with 15 or more employees to comply with this notice posting requirement.

Penalties

Failure to comply is punishable by a fine of $612 for each separate offense.  However, the fine is likely to increase in 2023 as a result of the annual adjustment for inflation.

Compliance Best Practices

Keep in mind that even if a significant component of your workforce is remote, covered employers still need to place posters in a conspicuous location in the physical workplace where notices to applicants and employees are customarily posted.  The EEOC’s guidance issued in conjunction with release of the new poster states, however, that employers are also encouraged to post the notice digitally on their websites.  Electronic posting should supplement and not replace physical posting unless there is no physical workplace location and all employees telework. 

The EEOC has tailored different versions of the “Know Your Rights Poster” for online or physical posting.

It is a good idea to pay attention to accessibility issues when complying with the poster requirement.  The Americans with Disabilities Act (ADA) requires that employers place the poster in physical locations that are accessible to applicants and employees with disabilities that limit mobility.  Employers should also make printed notices available in an accessible format to persons with disabilities that limit the ability to see or read.  For example, employers that post the version of the poster optimized for screen readers to their websites are more likely to ensure access for employees and applicants with disabilities that require use of screen reader technology (e.g., blindness, visual impairment).  Notices can also be recorded on an audio file or read to applicants or employees with such disabilities.

The EEOC is also translating the poster into other languages, which will be available on its website.  In the meantime, the poster is available in Spanish.

This alert only addresses the posting requirement for federal discrimination laws.  Remember to periodically check to make sure your organization complies with all applicable state and federal posting requirements. 

Firm Highlights

Publication

Another Reminder to Update Policies and Procedures to Reflect Latest COVID-19 Guidance

We  last updated you in early August  regarding the latest COVID-19 quarantine and isolation guidance from the Centers for Disease Control and Prevention (“CDC”).  Cold and flu season is now upon us, and experts are...

Publication

Changes Affecting Employment Authorization for L-2, E, and H-4 Dependent Spouses

On November 12, 2021, USCIS announced that L-2 and E dependent spouses are no longer required to apply for an EAD to work in the United States. Instead, L-2 and E dependent spouses are...

Publication

FY2024 H-1B Registration Fact Sheet for Employers

Registration Process To file H-1B petitions subject to the FY2024 cap for an employee, you must first electronically register and pay a $10 fee for each electronic registration. The electronic registration includes basic information about...

Publication

Reminder to Continue to Update Policies and Practices to Reflect Latest COVID-19 Guidance

You might be sick of thinking about COVID-19 but people are still getting sick and employers must take appropriate action to keep the workplace safe. There has been a steady increase this summer in...

Publication

Considerations When Terminating a Foreign Worker (H-1B, H-1B1, E-1/E-2, E-3, TN, L-1, O-1)

Terminating an employee is always a difficult decision. Terminating a foreign worker has additional challenges and consequences that must be considered, and employers must ensure they comply with state and federal law. An employer...

Publication

How Does the Collapse of Roe v. Wade Impact Employer Health Plans?

On June 24, 2022, the U.S. Supreme Court overturned its prior decisions in  Roe v. Wade  and  Planned Parenthood v. Casey , which held that the U.S. Constitution prohibits states from banning abortion or...

News

Fifteen Preti Flaherty Attorneys Selected for Inclusion in 2022 Super Lawyers

Fifteen Preti Flaherty attorneys have been selected for recognition by Super Lawyers , including seven Rising Stars. Super Lawyers rates outstanding lawyers throughout the United States in more than 70 practice areas. Only five...

Publication

What to Expect When You're Expecting: Two New Federal Laws Expand Workplace Rights and Protections for Pregnant and Nursing Employees

On December 29, 2022, President Biden signed two (2) bills into law that expand workplace protections for pregnant and nursing employees—the  Pregnant Workers Fairness Act  (the "PWFA") and the  Providing Urgent Maternal Protections for...

News

Preti Flaherty Continues Year of Remarkable Growth with Addition of Five New Attorneys

Preti Flaherty is pleased to announce the arrival of five new Associates to the firm: Scott A. DeLong, Christopher S. Knight, Kijana Plenderleith, Harper A. Weissburg, and Joshua D. Williams. In our Portland, Maine, office...

News

U.S. News – Best Lawyers Ranks Preti Flaherty Among 2023 Best Law Firms

Preti Flaherty has been named among the 2023 Best Law Firms by the U.S. News – Best Lawyers rankings. To be eligible for ranking, a law firm must have at least one attorney named...