EEOC Adjusts 2024 Penalty for Violation of Notice Posting Requirements

The Equal Employment Opportunity Commission (EEOC) issued a  final rule adjusting for inflation the civil monetary penalty for violation of the notice-posting requirements in Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Genetic Information Non-Discrimination Act, and the Pregnant Workers Fairness Act.

Under section 711 of the Civil Rights Act of 1964 (Title VII), which is adopted by reference in section 105 of the Americans with Disabilities Act (ADA), section 207(a)(1) of the Genetic Information Non-Discrimination Act (GINA), and section 104(a)(1)of the Pregnant Workers Fairness Act (PWFA), and implemented by the Equal Employment Opportunity Commission (EEOC) in 29 CFR 1601.30(a), every employer, employment agency, labor organization, and joint labor-management committee controlling an apprenticeship or other training program covered by Title VII, ADA, GINA, or PWFA, must post notices describing the pertinent provisions of these laws.

Notices must be posted in prominent and accessible places where notices to employees, applicants, and members are customarily maintained. Failure to comply with this posting requirement is subject to a monetary penalty pursuant to the Federal Civil Penalties Adjustment Act, as amended.

The adjustment set forth in the final rule was calculated by comparing the Consumer Price Index for all Urban Consumers (CPI-U) for October 2022 with the CPI-U for October 2023, resulting in an inflation adjustment factor of 1.03241.