EEOC releases mandatory posting change

The Equal Employment Opportunity Commission (EEOC) has released an updated Know Your Rights: Workplace Discrimination is Illegal posting that covered employers must post as of June 27, 2023.

The poster adds information about employee rights under the Pregnant Workers Fairness Act (PWFA). It notes that:

• Employers may not discriminate against employees on the basis of pregnancy, childbirth, or related medical conditions.
• Failure to provide reasonable accommodations for pregnancy, childbirth, or related medical conditions can be discriminatory.

On the new poster, the agency also added information about threatening workplace conduct. It lets employees know that:

• Discriminatory conduct can include behaviors that coerce, intimidate, threaten, or interfere with someone exercising their rights, or someone assisting or encouraging someone else to exercise their rights regarding disability discrimination or pregnancy accommodation.
• Interference, coercion, or threats related to exercising rights regarding disability discrimination or pregnancy accommodation is an illegal type of employment discrimination.

New rights for pregnant workers

The poster has a new revision date of June 27, 2023, the date the PWFA takes effect. Employers should display the revised poster on or after that date.

The PWFA requires covered employers to provide reasonable accommodations for limitations relating to pregnancy, childbirth, or related medical conditions unless the accommodation would cause undue hardship to the employer.

Second mandatory federal change in two months

The EEOC posting update is the second mandatory federal posting change in two months. The Department of Labor (DOL) updated the Employee Rights Under the Fair Labor Standards Act poster in May to reflect a change required by the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act.

The updated FLSA poster has a revision date of April 2023. Employers are required to display the updated poster.

FMLA poster revised as well

The DOL also updated the Family and Medical Leave Act (FMLA) posting with a minor change. The April 2023 poster has a new format.

Employers covered by the FMLA may display either the 2023, 2016, or 2013 versions.

Time to update the all-in-one poster

The DOL’s posting revisions have been out for a few months, but employers with all-in-one posters have been waiting for the EEOC update before getting a revised poster.

Now that the EEOC update is here, employers using all-in-one posters should display a new poster containing both 2023 mandatory federal changes.

Key to remember: Many employers display an all-in-one poster containing all commonly required federal postings. Employers should post an updated version containing the latest posting updates from the DOL and EEOC.