EEOC Increases Penalty for Violation of the Notice Posting Requirements of Title VII, the ADA, and GINA

Legal Alert

June 3, 2016

On Thursday, June 2, 2016, the Equal Employment Opportunity Commission (EEOC) published the final rule adjusting the penalty for violation of notice posting requirements under 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). The new rule takes effect on July 5, 2016.

Under the current rule, every employer, employment agency, labor organization, and joint labor-management committee controlling an apprenticeship or other training program covered by Title VII, ADA, or GINA is required to post notices describing the pertinent provisions of Title VII, ADA, or GINA. Such notices must be posted in prominent and accessible places where notices to employees, applicants, and members are customarily maintained. Failure to comply with the aforementioned posting obligation is “punishable by a fine of not more than $210 for each separate offense.” 29 C.F.R. § 1601.30. Beginning July 5, 2016, the maximum penalty per violation will increase to $525. This represents a 150% increase, the maximum allowable by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

Employers are advised to ensure their compliance with the posting requirements of Title VII, ADA, and GINA to avoid the heighted civil penalty.

If you have any questions regarding these issues raised in this client alert, please contact your labor and employment counsel at Smith, Gambrell & Russell, LLP.

This client alert is intended to inform clients and other interested parties about legal matters of current interest and is not intended as legal advice.