The Equal Employment Opportunity Commission is increasing the monetary civil penalties for violations of the notice-posting requirements of Title VII of the Civil Rights Act of 1964 (Title VI), the Americans with Disabilities Act (ADA), and the Genetic Information Non-Discrimination Act (GINA) starting July 5, 2016. The rule adjusts the monetary penalties for inflation, increasing the maximum penalty from $210 to $525 per violation.
Every employer, employment agency, labor organization, and joint labor-management committee controlling a training program covered by Title VII, ADA, or GINA must post notices describing the relevant sections of Title VII, ADA, or GINA. They must post the notices in a prominent and accessible place where such notices to employees, applicants, or members are generally posted.
According to the EEOC, “The purpose of the adjustment is to maintain the remedial impact of civil monetary penalties and promote compliance with the law.”
The EEOC has adjusted the rule for inflation twice before. The EEOC first adjusted the penalty from $100 to $110 in 1997 and later from $110 to $210 in 2014. Under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, however, the EEOC is now required to adjust maximum civil penalties on a yearly basis.
The final rule is effective as of July 5, 2016, and is not retroactive.