EEOC Issues Final Rule Increasing The Penalty For Violation Of Notice Posting Requirements

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Employers covered by Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (the ADA) or the Genetic Information Non-Discrimination Act (GINA) (generally, employers with 15 or more employees) must post notices describing the pertinent provisions of Title VII, ADA and GINA and must post these items in a prominent and accessible place where notices are customarily placed. A link to the current notice in various languages can be found here.

Effective July 5, 2016, the Equal Employment Opportunity Commission's (the EEOC) maximum civil penalty per violation for failure to comply with its notice posting requirements will increase from $210 to $525. The penalty amount was previously increased in 2014 from $110 to $210 per violation.

In subsequent years, the deadline for any increase in the penalty will be determined no later than January 15th of each year and the adjusted penalty amount will apply to penalties assessed after the effective date of the adjustment. For a detailed look at the EEOC’s final ruling, please click here.

As a result of the significant increased potential monetary penalty amount, prudent employers should ensure they have the required notices.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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