EEOC “Know Your Rights” Poster Update Expected Following Executive Orders

Recent executive orders issued in January will require a mandatory change to the Know Your Rights workplace posting from the U.S. Equal Employment Opportunity Commission (EEOC). The agency is revising the notice to reflect the Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government executive order, which changes how “sex” is defined under federal law. It will also address the Ending Illegal Discrimination and Restoring Merit-Based Opportunity executive order, which revokes Executive Order 11246—a long-standing rule prohibiting federal contractors from discriminating based on race, color, religion, sex, sexual orientation, gender identity, or national origin, and requiring affirmative action programs. Since a summary of Executive Order 11246 currently appears on the Know Your Rights poster, it is expected to be removed in the updated version.

The revised posting has not yet been released, and the delay may be related to the EEOC’s current lack of a quorum, which limits the Commission’s ability to take certain actions. Until the updated notice is available, employers are advised to continue displaying the 2023 version.

A Changing EEOC Landscape

The Trump Administration has nominated Brittany Bull Panuccio to fill the vacant seat on the EEOC, which would restore a quorum for the first time in 2025 if she is confirmed. With a Republican majority, the Commission is anticipated to roll back certain Biden-era regulations, adopt a more critical view of diversity, equity, and inclusion initiatives that differentiate based on protected characteristics, place greater emphasis on religious expression and accommodation, and scale back federal enforcement of disparate impact claims.

What Employers Should Do Now

Employers and covered federal contractors must continue to display the current Know Your Rights notice until the revised version is issued. Once released, employers should promptly download or purchase updated posters that include the new EEOC notice. Subscribers to the Replacement Plan will automatically receive the updated poster as soon as it becomes available.