Royal

Update to EEOC Mandatory Posters: New QR Code for Filing Charges

October 20, 2022

On October 19th the U.S. Equal Employment Opportunity Commission (EEOC) released the ‘Know Your Rights’ poster. The new poster is meant to replace the former mandatory signage commonly known as the “EEO is the Law” poster. Under Federal law, every employer covered by the non-discrimination and EEO laws is required to post on its premises the "Equal Employment Opportunity is the Law" poster. The old “EEO is the Law” posters stressed several fundamental components of the law enforced by the EEO, including the prohibition of discrimination based on:


  1. Race, color, sex (including pregnancy and related conditions, sexual orientation, or gender identity), national origin, religion,
  2. Age (40 and older),
  3. Equal pay,
  4. Disability,
  5. Genetic information (including family medical history or genetic tests or services), and includes
  6. Retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.


In addition to the information on the old poster, the new “Know Your Rights” poster includes a QR code for applicants or employees to link directly to instructions on how to file a charge of workplace discrimination with the EEOC. Employees are now able to use their smartphone cameras to directly access the website to begin the process of filing a complaint with the EEOC. Charlotte A. Burrows, Chair of the EEOC, also stated that, “by using plain language and bullet points, the new poster makes it easier for employers to understand their legal responsibilities and for workers to understand their legal rights and how to contact EEOC for assistance. The poster advances the EEOC’s mission both to prevent unlawful employment discrimination and remedy discrimination when it occurs.”


As well as the inclusion of the QR codes, the new posters also stresses that harassment is a prohibited forms of discrimination and clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity.



Additionally, the EEOC’s release reiterated the requirements for displaying the poster, stating, “the posters should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted.”


In conjunction with displaying physical copies of the poster on premises, employers are now encouraged to post a notice digitally on their websites in a conspicuous location. The Americans with Disabilities Act requires that the posters be placed in a location that is accessible to person with limited mobility. In most cases, electronic posting supplements the physical posting requirement. In some situations (for example, for employers without a physical location or work remotely and do not visit the employer's workplace on a regular basis), it may be the only posting.


If you have questions about the updated EEOC guidelines, or any other general employment issues, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Medical Marijuana Use Protected from Adverse Action

April 2, 2025
A recent court decision in Pennsylvania offers clarification that employers cannot take adverse action for marijuana use against individuals who possess medical marijuana cards, at least under Pennsylvania’s Medical Marijuana Act. In this decision, an individual received a conditional job offer for a non-safety sensitive position, contingent on a drug test. The individual disclosed his state-certified use of medical marijuana to treat anxiety, depression and ADHD, assuring the employer that it wouldn’t affect job performance or safety. After a positive test for marijuana, the employer rescinded the offer, citing safety concerns. The individual sued the employer under the Pennsylvania Medical Marijuana Act (“MMA”) and disability discrimination under the Pennsylvania Human Relations Act (“PHRA”). The Court allowed the individual’s claim under the MMA to proceed, potentially creating substantial precedent for tolerance of individual medical marijuana use in non-safety sensitive positions. The Court specifically noted that MMA protects individuals not just from discrimination based on card holder status, but also for adverse actions based solely on lawful medical marijuana use. The Court otherwise dismissed the individual’s claims under the PHRA because the PHRA does not require employers to accommodate medical marijuana use, even if it is prescribed for a legitimate medical condition. While a Pennsylvania decision, this decision potentially has rippling implications that will affect Massachusetts employers and employers in states where medical marijuana use is allowed under state law, which is allowed in some manner in 44 states. Employer Takeaways Understand State-Specific Protections : Laws regarding medical marijuana use differ widely across states. In some areas, cardholder status is protected, while in others, it is not. Employers operating in multiple states must ensure their hiring and accommodation practices comply with the relevant laws in each state. Base Safety Concerns on Job-Specific Evidence : General or speculative safety concerns are insufficient, particularly in states with strict employee protections. Safety risks cited should be specific, evidence-based, and directly related to the essential functions of the job. Review Drug Testing and Accommodation Policies: Update your policies to reflect current state laws and clarify how your organization manages disclosures of medical marijuana use, especially during the hiring process .  If you have any queries regarding drug testing or other workplace accommodations following this ruling, it is prudent to contact legal counsel. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

The Royal Law Firm Awarded Finalist of 2025 Best of The Valley Readers’ Poll

March 28, 2025
The Royal Law Firm was a Finalist for Best Law Firm in The Best of The Valley Readers' Poll for 2025, as published by the Valley Advocate! Thank you to everyone who voted for us, and to those of you who trust us to help you in times of need. Click here to check out all of the category winners and finalists.
Share by: