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EEOC Increases Penalty For Violation Of Notice Posting Requirements

Posted by Eric Kingsley | Jun 23, 2016 | 0 Comments

Eeoc poster discrimination

EEOC posting requirements – the law requires an employer to post notices describing the Federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability and genetic information. 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.

Background

The “EEO is the Law” poster is prepared by the Equal Employment Opportunity Commission (EEOC). The posters describe the pertinent provisions of Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (the ADA), and the Genetic Information Non-Discrimination Act (GINA). The poster also explains how an employee or applicant can file a complaint if s/he believes that s/he has been the victim of discrimination.

Employers required to comply with Title VII, ADA and GINA and must post these items in a prominent and accessible place where notices are customarily placed. Generally speaking, employers required to comply with posting requirements have 15 or more employees.

“EEO is the Law” posters should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted.  Also, employers are encouraged to post the electronic notice on their internal web sites 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.

Penalties

The penalty amount was previously increased in 2014 from $110 to $210 per violation. Per the latest EEOC ruling, the deadline for future increases 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. As a result of the significant increased potential monetary penalty amount, prudent employers should ensure they have the required notices.

Click here for printable copies of “EEO is the Law” posters.

To discuss the EEOC's latest ruling, or any of California's employment related laws, feel free to contact leading California employment lawyers at Kingsley & Kingsley. Call toll-free at (888) 500-8469 or click here to contact us via email.

About the Author

Eric Kingsley

In practice since 1996, attorney and firm co-founder Eric B. Kingsley has litigated complex cases and authored numerous appellate briefs in both state and federal court on behalf of the California law firm of Kingsley & Kingsley, including over 150 class actions. Mr. Kingsley concentrates his pra...

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