HR Management & Compliance

EEOC Increases Fine for Notice Posting Failures

Beginning next month, employers can be fined $210 per incidence for failing to post notices required by federal nondiscrimination laws.

The change, which raises the fine from $100 per incidence, was announced in the Federal Register Wednesday (29 C.F.R. Part 1601). It takes effect April 18.

Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act require that every covered employer, employment agency, labor organization and joint labor-management committee controlling an apprenticeship or other  training program post notices describing the pertinent provisions of those laws. Notices must be posted in a conspicuous place where other notices to employees and job applicants are customarily located.

A single copy of the notice poster in a conspicuous place where most employees and job applicants will see it usually suffices. Employers with multiple business locations generally must post the notice in each location.

The ADA specifically requires that notices be in accessible formats. That means they must be placed in locations that are accessible and in a form that can be accessed by those with vision impairments, either by recording the information or having someone read it aloud.

EEOC offers a consolidated poster meeting the requirements of most of the federal equal employment opportunity laws. Posters can be printed or ordered at http://www1.eeoc.gov/employers/poster.cfm.

Most state disability laws have notice posting requirements as well. Copies of those posters generally are available from state enforcement agencies.

For more information on employers’ administrative responsibilities, visit Thompson’s HR Compliance Expert.

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