The penalty for an employer’s failure to post a notice advising its employees of their rights under Title VII of the Civil Rights Act of 1964 ("Title VII"), the Americans with Disabilities Act of 1990 ("ADA") and the Genetic Information Nondiscrimination Act of 2008 ("GINA"), will increase from $110.00 per violation to $210.00 pursuant to a final rule published March 19, 2014 in the Federal Register by the U.S. Equal Employment Opportunity Commission ("EEOC"). The law requires the EEOC to make periodic adjustments and the penalty was last adjusted in 1997.
The new penalty, adjusted for inflation under the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, becomes effective on April 18, 2014. Only violations that occur after the effective date will be subject to the new penalty.
Information concerning employees' rights under Title VII, the ADA and the GINA is included on the "Equal Employment Opportunity is the Law" poster, which must be displayed by employers with 15 or more employees. It must be posted in a prominent and accessible place where notices to employees are customarily maintained. Employers may access a copy of the "Equal Employment Opportunity is the Law" poster on the EEOC's website.