EEOC Increases Fines 150 Percent for Employers Violating Notice Posting Requirements

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Written By ESR News Blog Editor Thomas Ahearn

The U.S. Equal Employment Opportunity Commission (EEOC) has announced in a final rule published in the Federal Register a 150 percent increase to the monetary fine for employers who fail to follow notice-posting requirements for Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), and the Genetic Information Non-Discrimination Act (GINA). Accordingly, the EEOC is adjusting the maximum penalty per violation from $210 to $525. This final rule is effective July 5, 2016.

According to the final rule ‘Adjusting the Penalty for Violation of Notice Posting Requirements’: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990, this final rule adjusts for inflation the civil monetary penalty for violation of the notice-posting requirements in Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Genetic Information Non-Discrimination Act.

The increase in fines in this EEOC final rule was calculated by comparing the inflation-adjusted penalty amount of $765 with the penalty amount of $210 reported in the prior year’s Agency Financial Report (AFR). Since by law the adjustment amount cannot exceed 150 percent, $210 was multiplied by 2.5 to $525. The EEOC final rule is available at www.federalregister.gov/articles/2016/06/02/2016-12999/adjusting-the-penalty-for-violation-of-notice-posting-requirements.

Employers with 15 or more employees are required to post a notice describing Federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability, or genetic information. The “EEO is the Law” poster prepared by the EEOC summarizes these laws and explains how employees or job applicants can file a complaint if they believe they are victims of discrimination. The poster is available at www.eeoc.gov/sites/default/files/migrated_files/employers/eeoc_self_print_poster.pdf.

On April 25, 2012, the EEOC – the federal agency that enforces laws prohibiting employment discrimination – issued updated ‘Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964’ that consolidates and updates EEOC guidance documents regarding the use of criminal records in employment decisions under Title VII. The EEOC Guidance is available at www.eeoc.gov/laws/guidance/arrest_conviction.cfm.

ESR Helps Employers Comply with EEOC Guidance

Employment Screening Resources® (ESR) – a global provider of fast, accurate, affordable, and compliant background checks – helps employers comply with EEOC Guidance for using criminal records for employment purposes. ESR offers EEOC resources, blogs about the EEOC, and the whitepaper ‘Practical Steps Employers Can Take to Comply with EEOC Criminal Record Guidance’ by ESR founder and CEO Attorney Lester Rosen. To learn more about ESR, call toll free 888.999.4474 or visit www.esrcheck.com.

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