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Update to EEOC Mandatory Posters: New QR Code for Filing Charges

Oct 20, 2022

On October 19th the U.S. Equal Employment Opportunity Commission (EEOC) released the ‘Know Your Rights’ poster. The new poster is meant to replace the former mandatory signage commonly known as the “EEO is the Law” poster. Under Federal law, every employer covered by the non-discrimination and EEO laws is required to post on its premises the "Equal Employment Opportunity is the Law" poster. The old “EEO is the Law” posters stressed several fundamental components of the law enforced by the EEO, including the prohibition of discrimination based on:


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


In addition to the information on the old poster, the new “Know Your Rights” poster includes a QR code for applicants or employees to link directly to instructions on how to file a charge of workplace discrimination with the EEOC. Employees are now able to use their smartphone cameras to directly access the website to begin the process of filing a complaint with the EEOC. Charlotte A. Burrows, Chair of the EEOC, also stated that, “by using plain language and bullet points, the new 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.”


As well as the inclusion of the QR codes, the new posters also stresses that harassment is a prohibited forms of discrimination and clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity.



Additionally, the EEOC’s release reiterated the requirements for displaying the poster, stating, “the posters should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted.”


In conjunction with displaying physical copies of the poster on premises, employers are now encouraged to post a notice digitally on their websites in a conspicuous location. The Americans with Disabilities Act requires that the posters be placed in a location that is accessible to person with limited mobility. In most cases, electronic posting supplements the physical posting requirement. In some situations (for example, for employers without a physical location or work remotely and do not visit the employer's workplace on a regular basis), it may be the only posting.


If you have questions about the updated EEOC guidelines, or any other general employment issues, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

ALERT: EEOC Releases Workplace Guidance to Prevent Harassment

01 May, 2024
On April 29 th , 2024, the U.S. Equal Opportunity Commission (EEOC) finalized their guidance in harassment in the workplace after receiving and responding to nearly 38,000 public comments on the proposed guidance released on October 2, 2023. The renewed guidance provides numerous clarifying hypotheticals, and addresses more recent issues including protections for LGBTIQA+ employees and remote work. Of note, the EEOC clarified the scope of sex discrimination and harassment, stating that federal protections under Title VII extend to LGBTIQA+ employees. Specifically, the EEOC made clear that the scope of harassment extends to repeatedly and intentionally misgendering employees or denying access to bathroom facilities that align with their gender identity. Further, this guidance reminds employers that discrimination and harassment based on “sex” includes harassment based on pregnancy, childbirth and related medical conditions, which include employees’ decisions related to contraception and abortion. Several public comments suggested that these guidelines infringed on free speech and religious rights. The EEOC did not directly address these concerns, instead stating that free speech and religious rights issues are fact-specific and would be addressed on a case-by-case basis. Further, the EEOC updated guidance related to the remote work environment. The EEOC clarified that conduct in a virtual work environment, including electronic communications using private phones, computers, or social media accounts can contribute to a hostile work environment if they impact the workplace. The EEOC also clarified that conduct occurring outside of the workplace, including on social media, which does not target the employer or its employees and is not brought into the workplace generally will not contribute to a hostile work environment. Finally, the EEOC updated its Anti-Harassment Policy Requirements, stating that an anti-harassment and discrimination policy should be widely disseminated to employees, in a manner that is understandable by all employees and includes i) a definition of prohibited conduct, ii) a requirement that supervisors report harassment, iii) multiple avenues for reporting harassment, iv) a statement that clearly identifies accessible points of contact for reporting purposes, and v) an explanation of the complaint process, including adequate anti-retaliation and confidentiality protections, and prompt and effective investigation and corrective action. You can read more about the EEOC's ruling on their website by clicking here . If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Non-Compete Agreements Are in Jeopardy

26 Apr, 2024
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule banning non-competition agreements for all employees except for very narrow exceptions. The FTC’s Final Rule banning all non-competition agreements is effective 120 days after its publication in the Federal Register, which is expected in the next few days.  As of the effective date, all non-competition agreements are banned, except for franchisor/franchisee relationships and for sales of a business between buyer and seller. The FTC’s Rule is retroactive, prohibiting certain non-competition agreements before the effective date of the Rule as well. Existing non-competition agreements can remain in effect as to senior executives, which are defined in the Rule as employees in “policy-making positions” making at least $151,164 annually. The FTC’s Final Rule is already being challenged through the court system and a challenge from the Chamber of Commerce will most likely follow suit. Therefore, if an employer has existing non-competition agreements, the employer may not need to rescind them just yet. Stay tuned for updates as these challenges take their due course.
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