On October 19, 2022, the federal Equal Employment Opportunity Commission (EEOC) released a new ‘Know Your Rights’ poster, which updates and replaces the previous “EEO is the Law” poster. If you have 15 or more employees, you must prominently display the poster.
The poster should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. In addition to physically posting, covered employers are encouraged to post a notice digitally on their websites. While in most cases, electronic posting supplements the physical posting requirement, in some situations (for example, for employers without a physical location or for employees who telework or work remotely and do not visit the employer’s workplace on a regular basis), it may be the only posting.
And, don’t forget that the Americans with Disabilities Act (ADA) requires that this poster be made available in a location that is accessible to applicants and employees with disabilities that limit mobility.
The new “Know Your Rights” poster includes these changes:
- Uses straightforward language and formatting;
- Notes that harassment is a prohibited form of discrimination;
- Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity;
- Adds a QR code for fast digital access to the how to file a charge webpage;
- Provides information about equal pay discrimination for federal contractors.
The poster is available in English and Spanish and will be available in additional languages at a later date.
And, on August 1, 2022, the New Jersey Division on Civil Rights (DCR) adopted new and amended regulations on “Display of Official Posters of the Division on Civil Rights,” which require employers to prominently display “in places easily visible” to those who would be affected by violations of these laws, posters created by DCR to better inform individuals and covered entities of their rights and obligations under the New Jersey Law Against Discrimination (NJLAD) and Family Leave Act (NJFLA). (N.J.A.C. 13:8-1.2, 1.3, 1.4, 1.5 and 2.2). There are new, special posters for employers that are also places of public accommodation or medical facilities.
All DCR posters must be printed on at least letter size paper (8½ by 11 inches) and contain text that is fully legible and large enough to be easily read. So, NJ employers should NOT be using those big laminated posters that cram all the required notices together in tiny type.
You can read the regulations HERE. You can read the press release about the regulations HERE. DCR has also created flow charts to help guide you in understanding which poster(s) apply:
