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Final Rule Raises Penalty for Violation of EEOC Notice-Posting Requirements

Jun 09, 2016

HR360, Inc.
June 7, 2016

Final Rule Effective July 5, 2016

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a final rule that adjusts for inflation the civil monetary penalty for violation of the notice-posting requirements in Title VII of the Civil Rights Act (Title VII), the Americans with Disabilities Act (ADA), and the Genetic Information Non-Discrimination Act (GINA).

Background

Employers with 15 or more employees who worked for the employer for at least twenty calendar weeks in this year or last, along with certain other entities subject to Title VII, the ADA, or GINA must post notices describing the pertinent provisions of these laws. Notices must be posted in prominent and accessible places where notices to employees, applicants, and members are customarily maintained.

Recently, a federal law required each executive agency to issue regulations adjusting for inflation the maximum civil penalty that may be imposed under each agency's statutes. In response, the EEOC issued a final rule adjusting the penalty for violation of the notice-posting requirements.

Increased Penalty
The final rule, effective July 5, 2016, adjusts the maximum penalty per violation of the notice-posting requirements specified in the regulations from $210 to $525 for each separate offense.

The EEOC has issued the following guidelines and tips for employers regarding the required "EEO is the Law" poster:

  • In addition to posting the required poster, employers are encouraged 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 employers' basic obligations to physically post the required information in their workplaces. In some situations (e.g., 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, or read to applicants or employees with disabilities that limit seeing or reading ability.

Note: Many states have their own nondiscrimination laws with notice-posting requirements that apply to smaller employers.

The EEOC offers the required poster(s) in multiple languages and formats on its website. The text of the final rule is available by clicking here.

To learn about other federal notices required to be displayed in the workplace, please visit our section on Federal Poster Requirements.

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