Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

EEOC’s New “Know Your Rights” Poster to Replace “EEO is the Law” Poster

Client Alert
October 26, 2022

Under federal law, covered employers are required to post a notice in the workplace describing federal antidiscrimination laws. The Equal Employment Opportunity Commission (EEOC) prepares the mandatory posters summarizing antidiscrimination laws and explaining how employees and applicants can file a complaint if they believe they have experienced job discrimination.

On October 19, 2022, the EEOC released a new poster: “Know Your Rights: Workplace Discrimination is Illegal,” replacing the “EEO is the Law” poster. Employers must now use the poster captioned as “Know Your Rights: Workplace Discrimination is Illegal – Revised 10/20/22.” Employers may be reprimanded for failure to appropriately and compliantly post the updated poster. 

What information is included in the new “Know Your Rights” Poster? 

The new poster provides guidance on antidiscrimination laws to employers, employees, and applicants for employment. Like the old poster, the new poster describes the federal laws prohibiting job discrimination based on the following: 

  • 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)
  • Retaliation for filing a charge, reasonably opposing discrimination, or for participating in a discrimination lawsuit, investigation, or proceeding.

The “Know Your Rights” poster differs from the “EEO is the Law” poster in that it uses simpler language and provides bullet points, making it easier for employees to read and understand their rights. The new poster includes information on harassment as a prohibited form of discrimination; it clarifies that discrimination based on sex also includes pregnancy and related conditions, sexual orientation, or gender identity; and it includes information on equal pay discrimination for federal contractors. Most notably, the new poster provides a QR code for digital access to information on how to file a complaint with the EEOC for job discrimination. 

Implications for Employers

Generally, employers with 15 or more employees are covered under federal discrimination laws, enforced by the EEOC. Covered employers must replace the “EEO is the Law” poster with the new “Know your Rights” poster and place it in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. Covered employers are encouraged, but not required, to post the notice on the employer’s website in a conspicuous location. 

Additionally, the Americans with Disabilities Act requires employers to display the poster in a place that is accessible to employees and applicants with disabilities limiting mobility. Employers may also need to provide the notice in an electronic format that can be used with screen-reading technology or read to applicants or employees with disabilities that limit seeing or reading ability. Employers who fail to conspicuously display the new poster in accordance with the above-described requirements are subject to fines. 

Because the new poster is more accessible to employees and applicants, employers may see an increase in EEOC charges filed. If you have questions about discrimination laws or the new EEOC guidance, please contact Brennan, Manna & Diamond, LLC. 

Below are links to the “Know Your Rights” Poster: 

Screen reader/electronic posting: Screen Readers / HTML / HTML, Spanish 

For printing and posting in the workplace: English / Spanish

Translations in other languages will be released by the EEOC at a later date. 

If you have questions about your obligations to provide required posters in the workplace or have any other labor & employment questions, please contact BMD Partner Bryan Meek by email at bmeek@bmdllc.com, or by phone at (330) 253-5586.

Client Alert

The Ohio Board of Pharmacy’s Latest Batch of Rules: What Providers Should Know

January 15, 2024The Ohio Board of Pharmacy released several new rules and proposed amendments to existing rules over the past month that will significantly impact pharmacy operations. Topics range from updates to the Terminal Distributor of Dangerous Drugs license to mobile clinics to mandatory rest breaks for pharmacists of outpatient pharmacies. A summary of the proposed changes is below, along with instructions for commenting on the rules. Your BMD healthcare attorney can help write comment letters and submit the comments on your behalf as well.Client Alert

Employee or Independent Contractor? New Guidance Issued by the Department of Labor

January 10, 2024On January 9, 2024, the U.S. Department of Labor (DOL) issued its long-awaited final rule — effective March 11, 2024 — revising its prior interpretation of worker classifications under the federal Fair Labor Standards Act (FLSA). The new final rule rescinds the standard previously established in 2021, in turn, shifting the analysis of whether a worker is an employee (versus an independent contractor) of a business from a more streamlined “economic reality” test to a more complex “totality of the circumstances” standard.Client Alert

Increased Medicaid Rates to Take Effect This Month for Ohio Providers

January 5, 2024As required by House Bill 33, Ohio’s 2024-2025 operating budget bill, reimbursement rates paid by the Ohio Department of Medicaid will increase for a wide range of providers starting on January 1, 2024.Client Alert

Corporate Transparency Act Update

December 27, 2023The Corporate Transparency Act (“CTA”), with an effective date of January 1, 2024, is set to impose strict reporting guidelines on business owners throughout the country. The following provides a brief update on two aspects of the CTA ahead of its effectiveness next week.Client Alert

The Second Wave of UnitedHealthcare's Prior Authorization Cuts Started in November

December 11, 2023In August 2023, UnitedHealthcare released its plan to eliminate roughly one-fifth of its then-current prior authorization requirements. The first round of prior authorization cuts took effect on September 1, 2023. In that round, UnitedHealthcare eliminated the necessity for some prior authorizations for UnitedHealthcare Medicare Advantage, UnitedHealthcare commercial, UnitedHealthcare Oxford and UnitedHealthcare Individual Exchange plan members. The second and final round of prior authorization cuts began on November 1, 2023. The November 2023 Prior Authorization Cuts apply to the same plans as well as community plans (i.e., Medicaid managed care plans).
Older posts
Newer posts