HR Compliance: New Mandatory Employment Poster 

Employers of all sizes and across all industries in the United States are required by the Federal Labor Standards Act, the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), the Occupational Safety and Health Act (OSHA), and their various state employment laws, to share workplace posters. (MP’s HR services can assist employers in determining which posters they need to share and procuring them.) It’s also important to note that employers with remote workforces are required to properly display and share employment posters as well, even if their team isn’t in the office to see the state or federal labor laws poster.  On October 19th, the EEOC added a new labor law poster (available in English and Spanish) to the list of required posters for all employers. MP’s HR experts share what every employer needs to know about this new employment poster. 

3 Items to Know About the New Employment Poster 

1. Critical content included in the employment poster. 
The new employment poster is entitled “Know Your Rights: Workplace Discrimination is Illegal.” Employers should use it to replace the “EEO is the Law” poster. It informs employees about rights derived from anti-discrimination laws by: 

• Stating that harassment is considered discrimination, and thus prohibited 
• Outlines information about federal contractors and equal pay discrimination 
• Clarifies what sex discrimination is, including discrimination based on pregnancy (and related health conditions), sexual orientation, and gender identity 
• Reminding employees, union members, and applicants that they may file a charge with the EEOC if they believe they’ve been discriminated against based on their race, color, religion, age (40 and older), national origin, disability, genetic information, and equal pay. 
• Sharing that employees may not be retaliated against for filing a charge with the EEOC, reasonably opposing discrimination, or participating in legal action regarding discrimination (a lawsuit, proceeding, or investigation). 
• Provides a QR code linking to the webpage with detailed information about filing charges with the EEOC 

2. How to share this employment poster with employees, both remote and onsite.    
Employers must heed posting requirements, whether their employees are in the office or remote. For employees reporting to the office, employment posters need to be put in a conspicuous location where employees and applicants typically see public notices placed for their benefit. Additionally, employers must comply with the Americans with Disabilities Act by placing notices in a location that applicants and employees with limited mobility or disabilities can access. The best location for employment posters is frequently in a break room, cafeteria, or locker room.   
 
If employees work remotely or in a hybrid model, posting requirements will be different. Employers must share the poster in an accessible manner for their hybrid and remote employees. The digital version may be downloaded free of charge from here.  Employers could choose from methods including: 

• Emailing  
• Posting on an intranet 
• Sharing via talent management software, such as MP’s Share and Perform 
• Posting it on a section of their website for employees 
• Sending via other digital communication channels that employees frequently use, such as Slack 

Whatever method employers choose, the poster must be easily accessed and viewed by employees. Organizations should never use a method that employees don’t use or can’t easily access. For example, if employees rarely access their company intranet, or don’t frequently email in their company culture, these methods aren’t valid.   

Employers should also be conscious of the language of the employment poster. If employees primarily speak Spanish, the organization should share the Spanish version. If employees speak another language, the employer may want to ask the EEOC for a translated version. The poster protects the employees and employers. If employees don’t understand it, it doesn’t protect either party well.   

3. When to share the poster.   
Though there isn’t a stated deadline for sharing this new employment poster, the EEOC and MP’s HR experts suggest employers prioritize it.  Covered employers will be subject to fines for noncompliance. Sharing the poster will help employers avoid fines, but it will also help them reduce risk of a discrimination claim with the EEOC or legal action. In 2021, more than 61,000 people contacted the EEOC to allege discrimination in the workplace. Sharing this poster, along with strong employee policies, updated employee handbooks, and optimal training, will help employers reduce the amount of discriminatory behavior in their culture.