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Know Your Rights: New Mandatory EEOC Poster Released

By Samantha Smitka on Nov 22, 2022
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The Equal Employment Opportunity Commission (EEOC) released a new, mandatory poster for covered employers on October 19, 2022. The new EEOC poster, “Know Your Rights: Workplace Discrimination is Illegal (Version 2: ‘Revised October 20, 2022’),” replaces the previously mandated poster, originally created in 2009 and later updated in 2018, “EEO is the Law.”

Please note, the EEOC replaced the original version published on October 19, 2022, with a revised version one day later, on October 20, 2022. If you printed and posted the original version, you must update it with the revised version per the EEOC. 

As an Axcet HR Solutions client, we take care of all employer-mandated postings for you and will get the correct EEOC poster to our impacted clients. 

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How the New Poster Is a Win-Win

According to EEOC Chair Charlotte A. Burrows, “The new ‘Know Your Rights’ poster is a win-win for both employers and workers alike.” The updated poster makes it much easier for employers and employees to understand their legal responsibilities and rights, respectively, through the use of plain language and bullet points when explaining the law.

In terms of filing a complaint, the new poster includes a QR code that can quickly be scanned by smartphones directing employees to the EEOC’s website with instructions on filing a charge. The poster also eases the contact bridge with URLs, E-mail addresses and phone numbers.

RELATED: Eight Mistakes Companies Make When the EEOC Comes Knocking >>

What to Expect from the “Know Your Rights” Poster  

Discrimination is clearly defined

Under the EEOC’s laws, employers may not discriminate based on:

  • Race
  • Sex
    **Now includes discrimination based on pregnancy and related conditions, sexual orientation or gender identity
  • Age (40 and older)
  • Disability
  • Genetic information (including employer requests for, or purchase, use or disclosure of genetic tests genetic services or family medical history)
  • Retaliation for filing a charge, reasonably opposing discrimination or participating in a discrimination lawsuit, investigation or proceeding

Questions about the law are answered

The “Know Your Rights” poster answers these essential questions:

  • Who is protected?
  • What organizations are covered?
  • What types of employment discrimination are illegal?
    **Now includes harassment as a form of discrimination
  • What employment practices can be challenged as discriminatory?
  • What can you do if you believe discrimination has occurred?

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Covered Employers

Employers required to post the new EEOC poster include private sector employers with 15 or more employees, state and local government agencies, educational institutions, unions and staffing agencies. Posters must be displayed in a conspicuous place where employees are likely to see them, like in a breakroom or where employees clock in for work.

Additionally, the Americans with Disabilities Act (ADA) requires the poster location to be easily accessible to applicants and employees with disabilities that limit mobility. 

Remote Workforce Posting Requirements

For employers without a physical workplace, the EEOC allows the poster to solely be posted digitally on the business’ website. If your business has a physical workplace and also has remote workers, the poster should be digitally posted on your business’ website. This is supplemental to posting it in the workplace; it must be physically posted, as well.  

RELATED: Remote Work - Four Key HR Compliance Concerns >>

Posting Deadline and Penalty for Noncompliance

The EEOC has not set a deadline to update the poster in your workplace, but expects it to be completed within a reasonable amount of time and “as soon as possible.” Failure to comply may result in monetary fines. The new poster can be downloaded from the EEOC’s website here.

Steps Employers Should Take

In addition to posting the new “Know Your Rights Poster,” employers should take steps to train managers and leaders on harassment in the workplace. As previously noted, the EEOC now clearly includes harassment as a form of discrimination, bringing it to the forefront and perhaps increasing the number of harassment claims. 

At Axcet HR Solutions, we are committed to training our clients and clients’ management teams on harassment and discrimination in the workplace. As part of our training initiatives, we offer a variety of free employer workshops open to business owners in the Kansas City metro. Reach out to one of our representatives today to learn more or to see how a partnership with Axcet HR Solutions can help ensure HR compliance at your business. 

Axcet HR Solutions HR PEO Services

Written by Samantha Smitka

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