EEOC — Posting penalties increase

Posted March 24, 2023

The Equal Employment Opportunity Commission (EEOC) has increased the penalty for failing to post the “Know Your Rights: Workplace Discrimination is Illegal” posting to $659 for each separate offense.

Employers with 15 or more employees must display the poster, which describes employee rights under anti-discrimination laws such as:

• Title VII of the Civil Rights Act of 1964,
• The Genetic Information Non-Discrimination Act (GINA), and
• The Americans with Disabilities Act (ADA).

EEOC posting updated in October

The EEOC released the “Know Your Rights” posting in October 2022 as a replacement for the “Equal Employment Opportunity is the Law” posting.

Covered employers are currently required to display the version of the poster with an October 2022 revision date.

Mandatory posting change expected in June

An updated version of the “Know Your Rights” poster is expected to be released by June 27, 2023, when the Pregnant Workers’ Fairness Act takes effect.

The Act was signed in December as part of a spending bill and will provide employee protections relating to pregnancy, childbirth, or related medical conditions. Information about these protections will be added to the poster, and employers will be required to display the updated version.

Annual increase required under law

Each year, the penalty for failing to post the EEOC’s mandatory poster increases. The adjustment for inflation is required under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

Other federal agencies are required to increase penalties under the law as well, and the Department of Labor (DOL) announced its posting penalty increases in January. The DOL’s maximum penalties posting violations are as follows:

• Occupational Safety and Health Act: $15,625 for each violation
• Family and Medical Leave Act: $204 for each separate offense
• Employee Polygraph Protection Act: $24,793

The EEOC’s updated penalty applies to violations assessed after March 23, 2023, and the DOL’s updated penalties apply to penalties assessed after January 15, 2023.

To avoid penalties, post as required

Employers can avoid posting penalties by properly displaying all required labor law posters. To do this:

• Display all postings required under federal, state, and local laws.
• Prominently place posters in an area that is easily accessible to employees.
• Keep posters up to date; make sure the October 2022 version of the “Know Your Rights” poster is on the wall.
• Make sure posters are readable and not defaced.

If employees work remotely, it is a best practice to make the posters electronically available.

This article was written by Terri Dougherty of J. J. Keller & Associates, Inc.