The Equal Employment Opportunity Commission (EEOC or Commission) has replaced its longstanding “EEO is the Law” poster with a new version, entitled “Know Your Rights.” The new poster makes several significant changes, including the addition of a “QR code” that when scanned directs a person to the EEOC’s webpage explaining how to file a charge of employment discrimination.
Current EEOC regulations require a covered employer to “post and keep posted in conspicuous places” an EEOC-prepared notice describing the applicable provisions of the laws enforced by the agency. This notice requirement typically is satisfied by posting the EEOC’s “EEO is the Law” poster, which was last revised in 2009.
Importantly, other than indicating that employers should now replace the “EEO is the Law” poster with the new poster “within a reasonable amount of time,” the EEOC has not provided any further guidance on timing or on the consequences of failing to make the switchover. In our view, while there may be some risk of liability for excessive delay in replacing the posters, the risk would appear to be minimal for employers who continue to post the “EEO is the Law” poster while waiting for their vendors to provide the new version.
Members of the Center for Workplace Compliance (CWC) can read more here.