Electronic posting still on EEOC agenda
Employers with remote workers should watch for new electronic posting information to emerge this fall, as the Equal Employment Opportunity Commission (EEOC) is planning an October release of a proposed rule relating to online posting of the Know Your Rights poster.
The agency had originally planned to release the proposed rule in March but the spring 2024 regulatory agenda, published on July 8, targets an October publication date.
The agency oversees posting requirements for anti-discrimination laws and is looking to clarify the electronic posting requirements for the Know Your Rights: Workplace Discrimination is Illegal posting.
The posting, required for employers with 15 or more employees, provides contact information for filing a charge of discrimination and summarizes employee rights under these laws:
- 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.
The agency says it plans to “allow and/or require” covered employers to post electronic notices.
Currently, the agency says an electronic version supplements a physical poster in most cases. It may be the only posting used when employers do not have a physical location or when employees work remotely and do not visit the employer’s workplace on a regular basis.
The agency encourages all employers to post the notice electronically and requires physical posting at brick-and-mortar locations.
Timeline for the new rule
After the proposed rule is released, the public will be able to submit comments for about 30 to 90 days. A final rule will be released after the EEOC considers comments. If the proposed rule is released in October, a final rule will likely take effect sometime in 2025.
Key to remember: The EEOC is looking to release information about electronic posting requirements for remote workers in October 2024.