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Discrimination Update: Increased Penalty for Violating EEOC’s Posting Rule

Posted on August 15, 2016 in Discrimination & Harassment, Employee Rights

The U.S. Equal Employment Opportunity Commission (“EEOC”) has issued a Final Rule increasing the maximum penalty for covered employers who violate the notice posting provisions of Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act (“ADA”) or the Genetic Information Non-Discrimination Act (“GINA”).

Employers with fifteen or more employees are required by the EEOC to post notices describing employees’ rights under federal laws prohibiting job discriminations based on race, color, sex, national origin, religion, age, equal pay, disability or genetic information. These notices must be posted in a prominent and accessible place where notices to employees and applicants are customarily placed. If employees do not understand or read English, the employer must provide notice in the appropriate language.

The new maximum penalty for each violation of this requirement, pursuant to the Final Rule, is now $525.

The EEOC noted that this increase, which was made pursuant to a 2015 federal law requiring agencies to issue annual notices adjusting the civil penalties for violating certain laws and regulations, is meant to keep pace with inflation. The new maximum penalty for violating the posting requirement is nearly five times as large as it was in 2014. The EEOC last increased the penalty in 2014 from $110 to $220.

Further, 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.

If you have any questions about employment discrimination or any other labor and employment matter, contact Lebau & Neuworth at 888-456- 2529 or lebauneuworth.com/contact-us.

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