There is one more thing that most employers need to add to their end-of-year checklist. In October 2022, the EEOC updated and replaced its familiar “EEO is the Law” poster. The new poster, entitled “Know Your Rights: Workplace Discrimination is Illegal,” was finalized on October 20, 2022 and is the operative EEO posting starting immediately. A link to the poster is here and a link to the press release announcing the new poster is here.
The new poster is more streamlined than its predecessor and provides information in straightforward terms about the right to be free of discrimination and retaliation at work and how to file a charge if an employee believes they have been subject to workplace discrimination or retaliation.
The Bottom Line for Employers:
Going forward and at the earliest opportunity, covered employers (with 15 or more employees) are required to post the updated poster at each of their work sites in conspicuous places or face potential fines. Electronic posting is also encouraged and for those employers without a physical workplace and/or that employ remote employees, an electronic posting may be required. For now, however, a physical posting is required if the employer has a physical work site. Compliance with the updated posting requirement will also be part of any OFCCP compliance audit.