Employers are required to display many posters and notices in a location which is visible to all employees. These notices and posters cover topics such as minimum wage, rest breaks, workers’ compensation, and insurance. Under federal law, employers are required to display a notice from the U.S. Equal Employment Opportunity Commission (“EEOC”).

The EEOC’s purpose is to enforce federal laws which prohibit discrimination against job applicants or employees based on race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information. Whether, and to what extent, the EEOC applies to an employer depends on the number of employees.

Under the EEOC, all employers with at least one employee are covered by a law which requires equal pay for equal work for all employees regardless of gender. Employers with 15 to 19 employees are also covered by laws which prohibit discrimination based on race, color, religion, sex, national origin, disability, and genetic information. Lastly, employers with 20 or more employees are covered by the same laws as those with 15 to 19 employees in addition to a law which prohibits discrimination based on an employee being age 40 or older.

On October 20, 2022, the EEOC announced that it had released a new poster titled “Know Your Rights” which must be displayed by employers with 15 or more employees. The new poster replaces an older version which was titled “EEO is the Law.” The new poster must be displayed in a location where employees will see it, such as a breakroom. If some or all employees work remotely, employers should post the EEOC updates on the company website where employees will see it or make it available in a different way, such as email. Both the physical poster and an electronic version are available on the EEOC’s website.

While there is not yet a formal compliance date, any employer who fails to display the updated poster once a compliance date has been announced may be subject to a fine of up to $612. In addition, the failure to display the poster can be considered evidence of bad faith in an employment discrimination lawsuit.

All employers with 15 or more employees should obtain and post the new EEOC poster as soon as possible. In addition, all employers, regardless of size, should make sure that they have displayed all other posters and notices required by federal, state, or local law. If you have questions or would like to discuss such requirements, please contact Navigato & Battin.