The Equal Employment Opportunity Commission (EEOC) has issued a final rule, effective July 5, 2016, which increases the maximum penalty per violation of the notice posting requirements from $210 to $525 for each separate offense. The adjusted penalty will apply only to penalties assessed after this effective date.
This higher penalty applies to every employer, employment agency, labor organization, and joint labor-management committee controlling an apprenticeship or other training program covered by Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), or the Genetic Information Nondiscrimination Act (GINA) that must post notice describing the pertinent provisions of the laws. The notice must be posted in prominent and accessible places where notices to employees, applicants, and members are customarily maintained. Employers who violate these notice posting requirements are subject to a civil monetary penalty.
The penalty was increased to adjust for inflation per the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) which requires each federal agency to annually issue regulations that adjust for inflation in determining the maximum civil penalty that may be imposed under each agency’s statutes. The purpose of this adjustment is to maintain the remedial impact of civil monetary penalties and promote compliance with the law.
In addition to posting the required notice, the EEOC also encourages employers to post the electronic notice on their internal websites in a conspicuous location. In most cases, electronic posting supplements physical posting but does not itself fulfill the employer’s basic obligation to physically post the required information in its workplaces. In some situations (for example, employees who telework and do not visit the employer’s workplace on a regular basis), it may be required in addition to physical posting. The ADA requires that notices of federal laws prohibiting job discrimination be made available in a location that is accessible to applicants and employees with disabilities that limit mobility.
Printed notices should also be made available in an accessible format, as needed, to persons with disabilities that limit the ability to see or read. Notices can be recorded on an audio file, provided in an electronic format that can be utilized by screen-reading technology (see a copy here), or read to applicants or employees with disabilities that limit seeing or reading ability.
Ensure your company is compliant with posting requirements and avoid a hefty fine by accessing and posting the current “EEO is the Law” poster.