Penalty for EEO Poster Violations Swells to $659
Author: Michael Cardman, XpertHR Senior Legal Editor
March 28, 2023
The penalty for failing to post required EEO notices in the workplace has increased from $612 to $659, effective March 23.
The 8% increase is the largest since 2015, when the Federal Civil Penalties Inflation Adjustment Act began requiring the Equal Employment Opportunity Commission (EEOC) and other federal agencies to adjust their penalties for non-compliance every year.
These annual penalty adjustments are tied to the Consumer Price Index for all Urban Consumers (CPI-U), which in turn is based on a "basket of goods and services" that includes food, clothing, shelter and fuels. As the price of eggs, gas and other goods and services goes up, so too do the EEOC penalties.
Federal law requires employers to post details of employees' statutory rights under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act in a conspicuous, accessible location in the workplace where notices to applicants and employees are customarily posted. (In New York, the poster must also be either posted to the employer's website or sent to employees via email.)
The EEOC's Know Your Rights: Workplace Discrimination Is Illegal Poster satisfies these requirements and is available in multiple languages.
The $659 penalty is assessed for each offense, so employers with multiple worksites and/or locations where notices to applicants and employees are customarily posted may face additional penalties.