Friday, November 4, 2022

EEOC Updates Mandatory Poster for Employee Breakrooms and Remote Distribution

 Just when you thought it was safe to walk back into an employee break room, the EEOC has updated its EEO is the Law poster for the first time in decades, retitling it Know Your Rights.  Its rollout of the poster was not without its hiccups because the link to the new poster did not work for the first 24 hours.  Because all employers with more than 15 employees are required to conspicuously post (or, remotely distribute, if applicable) the EEOC's poster, this will keep a lot of Human Resources professionals busy for a few hours. Employers who fail to post the mandatory poster can be fined. 

The new poster has revised the language used to discuss employees' rights under Title VII, the ADA and the ADEA to be free from discrimination and harassment and to file Charges of Discrimination.  It specifically notes that harassment is a prohibitted form of discrimination and that sex discrimination includes discrimination on the basis of pregnancy, sexual orientation and gender identity.  It also adds a QR code for digital access to the EEOC's webpage on how to file a Charge of Discrimination.  

The EEOC directs employers:

These posters 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 the notice digitally on their web sites in a conspicuous location. 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.

The EEOC also explains how to make them available to the visually impaired: 

Printed notices should also be made available in an accessible format, as needed, to persons with disabilities that limit the ability to see or read. Notices can be recorded on an audio file, provided in an electronic format that can be utilized by screen-reading technology or read to applicants or employees with disabilities that limit seeing or reading ability. A screen-readable electronic format is available below.