In an effort to motivate employer compliance, the U.S. Equal Employment Opportunity Commission (EEOC) has more than doubled the maximum penalty for employers that violate the notice posting requirements of Title VII and other discrimination statutes, from $210 to $525.
The final rule is in the process of being published, and will take effect 30 days after it is published. The higher penalty will not be retroactive, and will apply only to fines assessed after the rule’s effective date.
Under Title VII of the Civil Rights Act of 1964, and other discrimination statutes, all employers must post notices in their workplaces describing the pertinent provisions of the statutes. The law requires an employer to post a notice describing the federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability, or genetic information. These laws include Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Equal Pay Act, and the Genetic Information Nondiscrimination Act.
Employers holding federal government contracts or subcontracts must also advise their employees of their rights against discrimination and retaliation under Executive Order 11246, Section 503 of the Rehabilitation Act, and the Vietnam Era Veterans’ Readjustment Assistance Act.
The EEOC said that “the great majority” of employers covered by the regulations already comply with the posting requirements, and that the economic impact of the penalty increase “will be minimal.”
A poster available from the EEOC summarizes these laws and explains how an employee or applicant can file a complaint if he or she believes that he or she has been the victim of discrimination or retaliation. The poster is available in English, Arabic, Chinese, and Spanish.
Employers may access a free copy of the “Equal Employment Opportunity is the Law” poster at the EEOC’s website at http://www1.eeoc.gov/employers/poster.cfm.
