The Cost of Failure to Post Correct Notices has Just Increased

Print

By:  Claudia D. Orr

 

Employers are required to post numerous notices advising employees of their rights under state and federal laws.  For example, regulations for Title VII, the Genetic Information Non-discrimination Act, and the Americans with Disabilities Act (three federal civil rights laws) require an employer to “post and keep posted in conspicuous places upon its premises notices in an accessible format, to be prepared or approved by the [Equal Employment Opportunity] Commission, describing the applicable provisions of title VII, the ADA, and GINA.  Such notice must be posted in prominent and accessible places where notices to employees, applicants and members are customarily maintained.” 29 CFR 1601.30(a).

Well, as of June 1, 2016, the cost of failing to post has just gone up.  Pursuant to the Federal Civil Penalties Inflation Adjustment Act, as amended, failure to comply with this section is now punishable by a fine of not more than $525 for each separate offense (up from $210 per offense). Posters are available on the various state and federal agency websites and for purchase commercially. Don’t forget to consider whether all of your employees speak English because, if not, to be in an accessible format you will need to post the required notices in other languages.

The link to the current EEO poster may be found at: https://www1.eeoc.gov/employers/poster.cfm and State of Michigan civil rights laws’ brochures and posters can be found at: http://www.michigan.gov/mdcr/0,4613,7-138-4954_4997—,00.html. There are other posters required concerning wage laws, whistleblowers, etc. If you are not sure whether you are in compliance, consult with an experienced employment attorney, such as the author.

This article was written by Claudia D. Orr, who is Chair of the Legal Affairs Committee of Detroit SHRM, and an experienced labor/employment attorney at the Detroit office of Plunkett Cooney (a full service law firm and resource partner of Detroit SHRM).  She can be reached at corr@plunkettcooney.com or at (313) 983-4863.  http://www.plunkettcooney.com/people-105.html.

Detroit SHRM encourages members to share these articles with others, inside and outside their organization, as long as its name and logo, and the author’s information, is included in the re-post of the article. June 2016.