The EEOC has adopted a new rule, effective immediately, increasing the civil monetary penalties for violating the notice-posting requirements under Title VII, the Americans with Disabilities Act, the Genetic Information Non-Discrimination Act, and the Pregnant Workers Fairness Act. While the penalty increases are modest, given the change, now is a good time to confirm that you are complying with your notice posting obligations.
Under the above-referenced laws, employers are required to post notices describing the pertinent provisions of these laws in prominent and accessible places where they customarily maintain notices to employees.
The EEOC has made available sample notices on its website: “Know Your Rights: Workplace Discrimination is Illegal” Poster | U.S. Equal Employment Opportunity Commission, but many companies use a commercial service to obtain an all-in-one poster addressing all notice/poster requirements under US and applicable state law.
The new rule adjusts the maximum penalty from $680 per violation to $698. This rule does not change any employer posting obligations. Employers with 15 or more employees are covered employers under these acts. The EEOC is required to adjust this penalty annually for inflation and will apply the adjusted penalty only to those assessed after the effective date of the adjustment.
Employers are advised to ensure that they are complying with all federal, state, and local notice and posting requirements, which regularly change. Please consult counsel for the most up-to-date posting requirements in all of the jurisdictions in which you do business.