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EEOC Releases New Mandatory Discrimination Poster

EEOC Releases New Mandatory Discrimination Poster

On October 20 2022, the United States Equal Employment Opportunity Commission (“EEOC”) issued a newly revised “Know Your Rights” poster, which replaces the existing “Equal Employment Opportunity is the Law” poster that had been in place for over a decade. Under the law, employers covered by Title VII of the Civil Rights Act of 1964, along with several other federal anti-discrimination laws falling under the Equal Employment Opportunity umbrella are required to post a notice of employee rights under the law(s) at the work site. This poster meets that requirement, and should be posted conspicuously immediately, and replace any existing signage.

What has Changed?

The new poster revises language defining sex, and also provides updated information on sexual orientation, gender identity, and other prohibited forms of discrimination covered by the Supreme Court’s Bostock decision (as well as other Supreme Court holdings). The poster also now mentions practices that could be considered illegal, and has updated contact information for reporting purposes in the event an employee feels they have been discriminated against. Important to note, the reporting information is now more prominently featured in the document, which is consistent with the agency’s drive to get employees to report incidents and speak up about workplace misconduct.

How to Comply With the Law

In order to comply with the law, employers should conspicuously place the notice where employees and applicants are likely to see it (where such documents are customarily posted by the organization). Also, it is recommended that employers post the notice on their website. In cases where there is no physical work location, the electronic posting should suffice and/or supplement the physical posting requirement, but best practice would be to email the document to all employees with record of transmission.

Notice is Just One Part of the Prevention Equation 

In addition to meeting minimum compliance with the law, to prevent incidents of discrimination it is critical that your organization develop a program of practices and policies aimed at improving organizational culture so as to prevent incidents and maintain the overall health of the workforce. By engaging in practices such as education on civility and respect and diversity, equity and inclusion, you can show your workforce that you are going above and beyond the required postings and trainings in the law and doing something aimed at enriching the professional and personal lives of your team.

Syntrio welcomes the opportunity to discuss how we can help your organization not only comply with the law, but improve your culture. We invite you to contact a member of our staff to see how our products and communication tools can take your organization from compliant to champions of workplace culture, thereby improving attraction and retention of a high-quality team and demonstrating your organization’s intolerance for discrimination, harassment, or illegal activity of any kind.

Since 2007, Jonathan has practiced labor and employment law on behalf of management. Jonathan focuses his practice on advising employers on the prevention of harassment and discrimination issues, with an emphasis on providing in-person harassment training programs to companies of all sizes. Jonathan is licensed in California, Illinois, and Wisconsin, and maintains a national advice practice.

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