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EEOC | RIN: 3046-AB03 | Publication ID: Spring 2016 |
Title: ●Adjusting the Penalty for Violation of Notice Posting Requirements | |
Abstract:
Under 42 U.S.C. 2000e-10(a) and 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, and GINA must post notices describing the applicable provisions of title VII, ADA, and GINA in prominent and conspicuous places on the entity’s premises. Failure to comply with the notice posting requirement is punishable by a fine for each separate offense. This final rule revises the EEOC’s procedural regulations to increase the current civil monetary penalty for violation of the notice posting requirements from $210 to $525, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIA Act). In November 2015, the FCPIA Act was further amended to require that each Federal agency issue regulations, adjusting for inflation, the maximum civil penalties that may be imposed pursuant to each agency's statutes, no later than July 1, 2016, and no later than January 15 of every year thereafter. |
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Agency: Equal Employment Opportunity Commission(EEOC) | Priority: Info./Admin./Other |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 29 CFR 1601.30(b) | |
Legal Authority: 28 U.S.C. 2461, note |
Legal Deadline:
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Overall Description of Deadline: The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, requires that each agency adjust their civil monetary penalties by the inflation adjustment described in the Act no later than July 1, 2016. 28 U.S.C. 2461 note. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Local, State, Tribal |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Thomas J. Schlageter Assistant Legal Counsel, Office of Legal Counsel Equal Employment Opportunity Commission 131 M Street NE., Washington, DC 20507 Phone:202 663-4668 Fax:202 653-6034 Email: thomas.schlageter@eeoc.gov Ashley Martin General Attorney Equal Employment Opportunity Commission Office of Legal Counsel, 131 M Street NE, Washington, DC 20507 Phone:202 663-4695 Fax:202 653-6034 Email: ashley.martin@eeoc.gov |