EEOC to clarify electronic posting requirements for remote, hybrid workers

The U.S. Equal Employment Opportunity Commission (EEOC) plans to update its posting regulations to clarify employer requirements relating to electronic posting of the Know Your Rights poster.

In the fall 2023 regulatory agenda, published on December 6, the agency proposed to amend its regulations to clear up confusion about posting requirements related to remote, telework, and hybrid workplaces.

The proposed rule relating to electronic posting is scheduled to be released in March 2024.

The EEOC is proposing to allow, and/or require, electronic posting of the Know Your Rights poster. This poster summarizes employee rights under:

• Title VII of the Civil Rights Act of 1964,
• The Pregnant Workers Fairness Act,
• The Age Discrimination in Employment Act,
• The Americans with Disabilities Act, and
• The Genetic Information Nondiscrimination Act.

It must be posted by companies with 15 or more employees.

On the poster’s website, the agency currently encourages all employers to post the notice electronically. It requires employers to post a physical version at brick-and-mortar locations and notes that it may be the only posting for employers without a physical location or for employees who work remotely and do not visit the workplace on a regular basis.

Timeline for the new rule

After the proposed rule is released, the public will be able to submit comments for a period of time, typically 30 to 90 days. The EEOC will release a final rule after considering the comments and will set an effective date in the final rule.

If the proposed rule is released in March, a final rule will likely take effect in late 2024 or early 2025, depending on public input and other considerations.

Key to remember: The EEOC plans to clarify electronic posting requirements for the Know Your Rights poster as they relate to remote and hybrid workers. Employers should watch for the proposal in spring so they can prepare to comply with the new rule if it gets finalized.