Reminder: Employers of 15+ Must Post EEOC 'Know Your Rights' Poster

In recent months the question has come up regarding whether NH employers are required to post an EEOC/ADA poster.

The U.S. Equal Employment Opportunity Commission's (EEOC) ‘Know Your Rights’ poster for covered employers of 15 or more employees is required by federal law to be prominently displayed at work sites. The EEOC’s web page for the poster provides information about where to post it. The poster also includes a QR code for applicants or employees to link directly to instructions for how to file a charge of workplace discrimination with the EEOC.

A number of the laws that the EEOC enforces require covered employers to post a notice describing the Federal laws prohibiting job discrimination. The poster summarizes these laws and explains that employees or applicants can file a charge if they believe that they have experienced discrimination. The poster shares information about discrimination based on:

• Race, color, sex (including pregnancy and related conditions, sexual orientation, or gender identity), national origin, religion,
• Age (40 and older),
• Equal pay,
• Disability,
• Genetic information (including family medical history or genetic tests or services), and includes
• Retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.

The ‘Know Your Rights’ poster is a win-win for employers and workers alike,” said Chair Charlotte A. Burrows. “By using plain language and bullet points, the poster makes it easier for employers to understand their legal responsibilities and for workers to understand their legal rights and how to contact EEOC for assistance. The poster advances the EEOC’s mission both to prevent unlawful employment discrimination and remedy discrimination when it occurs.”

The newest version of the “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.

The 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 a notice digitally on their websites 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. Covered employers are subject to fines for noncompliance. 

The Americans with Disabilities Act (ADA) requires that notices of Federal laws prohibiting job discrimination be made available in a location that is accessible to applicants and employees with disabilities that limit mobility. 

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employ­ment discrimination. More information is available on their website.

 Source: NHLaborNet by Sheehan Phinney