EEOC Increases Penalty for Violation of Notice Posting Requirements

Meet all your posting obligations with CBIA’s poster kits

Effective April 18, 2014, the maximum penalty per violation of the EEOC’s notice posting requirements increased from $110 to $210.

Employers with 15 or more employees must display the EEOC poster which describes employers’ nondiscrimination obligations under several federal laws: Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Genetic Information Non-Discrimination Act. These laws generally protect workers against job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability and genetic information.

Connecticut law has similar posting requirements for employers with as few as 3 employees.

CBIA’s poster kits can ensure you meet all your workplace posting obligations.

You might be curious about the timing of the increase and how the amount was determined.

The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Debt Collection Improvement Act of 1996 (”DCIA”), requires each federal agency to periodically adjust their penalty formula to account for inflation, so as not to dilute the remedial impact of civil monetary penalties and to promote compliance with the law.

The EEOC’s last adjustment occurred in 1997, which at that time raised the maximum penalty per violation of the notice posting requirements from $100 to $110. Under the statutory inflation adjustment formula this time around, the raw inflation increase came to $50.24, but since the law also contains a rounding requirement to the nearest multiple of a hundred, $50.24 rounds to $100, which added to the prior maximum penalty amount of $110, yields the new maximum penalty of $210.