The Equal Employment Opportunity Commission (EEOC) has published a new rule in the Federal Register that will more than double the monetary penalty for employers that violate the notice-posting requirements of Title VII and other nondiscrimination statutes. Click here to view the rule on the Federal Register’s website.
Effective July 5, 2016, the maximum penalty for violating the notice posting requirements will be $525 per violation, a substantial increase from the previous penalty of $210 per violation.
Employers covered by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act are required to post notices in the workplace that describe the key provisions of these statutes. According to the EEOC, “[s]uch notices must be posted in prominent and accessible places where notices to employees, applicants and members are customarily maintained.”
The increased penalty is the result of the Federal Civil Penalties Inflation Adjustment Act Improvement Acts of 2015, which requires the EEOC and other federal agencies to issue annual regulations adjusting for inflation the maximum civil penalties that can be imposed. The EEOC stated in the final rule that “[t]he purpose of the adjustment is to maintain the remedial impact of civil monetary penalties and promote compliance with the law.”
The increased penalty will apply only to fines assessed after the rule’s effective date.
The EEOC’s “Equal Employment Opportunity is the Law” poster is available on the EEOC’s website at https://www1.eeoc.gov/employers/poster.cfm. The EEO poster is available in English, Spanish, Chinese and Arabic.
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