Not so fast: EEOC quickly updates revised poster

The revised poster may result in an increase in the number of discrimination charges filed by employees, according to one management-side attorney.

Published Oct. 19, 2022 • Updated Oct. 21, 2022

Ryan Golden  Senior Reporter

UPDATE: Oct. 21, 2022: The U.S. Equal Employment Opportunity Commission published an updated version of its “Know Your Rights” poster Thursday night, following a period Wednesday and Thursday during which a downloadable version was temporarily unavailable.

The most recent version of the poster updates a bullet under the “What Employment Practices can be Challenged as Discriminatory?” heading to clarify language around the failure to provide reasonable accommodation for a disability or a sincerely held religious belief, observance or practice.

The U.S. Equal Employment Opportunity Commission published Wednesday a “Know Your Rights” workplace poster that replaces its previous “EEO is the Law” poster, according to an Oct. 19 statement on the agency’s website.

Covered employers are required to display the updated poster, which summarizes federal anti-discrimination laws and explains that employees and applicants may file a charge of employment discrimination with the commission.

Notably, the poster contains a QR code that, when scanned with a compatible digital device such as a mobile phone, directs users to the EEOC’s webpage detailing how to file a charge.

The poster is free to download for employers, and the commission instructs employers to place posters in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. EEOC also recommended that employers post digital notices to a conspicuous location on their websites. Notably, the Americans with Disabilities Act requires that such notices be made available in a location that is accessible to applicants and employees with disabilities that limit mobility.

“The new ‘Know Your Rights’ poster is a win-win for employers and workers alike,” EEOC Chair Charlotte Burrows said in a statement. “By using plain language and bullet points, the new poster makes it easier for employers to understand their legal responsibilities and for workers to understand their legal rights and how to contact EEOC for assistance.”

As of Oct. 19, the poster is only available in English and Spanish; EEOC said in its press release that future versions in additional languages will be available “at a later date.”

The updated poster may result in an increase in the number of discrimination charges filed by employees, Carlton Hilson, partner at Burr & Forman, told HR Dive in an email. He noted that the poster provides notice to employees that sexual orientation and gender identity are characteristics protected by federal anti-discrimination law.

“Today’s EEOC activity should serve as another reminder to employers to review employee handbooks and workplace policies to ensure they are up to date and in compliance with recent changes to federal EEO law,” Hilson said.