April 9, 2014

Increased penalty for failure to post EEOC Notice

Employers subject to various laws enforced by the Equal Employment Opportunity Commission (EEOC) should ensure that they have the appropriate EEOC notice posted in their workplaces.  As background, the EEOC enforces laws that prohibit workplace discrimination under such laws as:

  • Title VII of the Civil Rights Act (relating to discrimination on the basis of race, color, religion, national origin, or sex);
  • Americans with Disabilities Act (ADA) and ADA Amendments Act (ADAA);
  • Age Discrimination in Employment Act (ADEA);
  • Genetic Information Nondiscrimination Act of 2008 (GINA); and
  • Pregnancy Discrimination Act (PDA)

Generally for private employers, the EEOC laws apply to employers employing 15 or more employees on at least 20 calendar weeks in the current or preceding year.  Employers subject to EEOC laws are required to post a notice in their workplaces describing various EEOC rights and protections available to employees.  Recently, the EEOC raised the penalty for failure to post the EEOC notice from $110 to $210 per violation.

The EEOC poster, “Equal Employment Opportunity is the Law” is available in four languages: English, Spanish, Arabic and Chinese.  It can be obtained by downloading and printing it via EEOC website: http://www1.eeoc.gov/employers/poster.cfm. The poster can also be ordered from that website, or requested by phone, fax or mail.