Effective April 18, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) is nearly doubling the fines it can levy against employers who do not adhere to its posting requirements. Employers now face a fine of $210 per posting violation, an increase of 91 percent over the previous fine of $110.
The EEOC is required by the Federal Civil Penalties Inflation Adjustment Act of 1990 to adjust fine levels for inflation as determined by fluctuations in the Consumer Price Index (CPI).
The EEOC reported that in the last ten years, 2010 saw the highest level of EEOC notice posting violations with 114 charges being leveled against employers.
EEOC Posting Requirements
The EEOC requires every employer, employment agency, labor organization, and joint labor-management committee controlling an apprenticeship or other training program covered by Title VII, the ADA, or GINA to post the EEO is the Law notice “in prominent and accessible places where notices to employees, applicants, and members are customarily maintained.”
The notice outlines which employee classifications are protected against job discrimination, including race, color, sex, national origin, religion, age, equal pay, disability and genetic information.
About the EEOC
The EEOC enforces Federal laws prohibiting employment discrimination. Employers are required to post notices describing the Federal laws prohibiting job discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. The EEOC enforces:
- Title VII of the Civil Rights Act of 1964
- The Equal Pay Act of 1963 (EPA)
- The Age Discrimination in Employment Act of 1967 (ADEA)
- Title I of the Americans with Disabilities Act of 1990 (ADA)
- Sections 102 and 103 of the Civil Rights Act of 1991
- Sections 501 and 505 of the Rehabilitation Act of 1973
- The Genetic Information Nondiscrimination Act of 2008 (GINA)
GovDocs Unlimited Guarantee for Bulletproof Posting Compliance
As long as the location is enrolled in one of GovDocs’ qualifying subscription-based posting compliance programs and have displayed the postings automatically provided by GovDocs, the employer is covered for all notice posting violations, with no monetary limit.
Since 1999, no GovDocs customer enrolled in our Update Program has been fined for posting violations.
Learn more about worry-free posting coverage from GovDocs.
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Each U.S. state (and the federal government) has a Worker’s Compensation program that provides compensation to employees who suffer job-related injuries and illnesses. While the federal government administers a workers’ comp program for federal and certain other types of employees, each state has its own worker’s compensation laws and enforcement of workers’ compensation programs. For example, the Workers Compensation program in Texas is enforced by the state Department of Insurance. Their 2013 enforcement actions provide insight into typical violations of state Worker’s Compensation laws.
Record-keeping and Reporting Violations Lead Offenses
- More than one-third of all violations related to record-keeping and reporting – including employers, insurance carriers, and physicians and medical services.
- Payment delays or discrepancies were the second leading category of violations.
- Most common examples of employer violations included failure to:
- File and/or accurately complete forms, reports or records
- File wage statement with injured employees
- Pay income or indemnity benefits to injured employees in a timely manner
- Pay correct amount of income benefits to injured workers
- Provide Agency with requested information about workers’ compensation
Fines for Worker’s Comp Violations
Covering a range of violations for employers, physicians /medical services, and insurance companies, fines for a worker’s compensation violation averaged $7,400. Employers’ fines averaged only $3,000 per offense; however, in 43% of the violations, insurance carriers were found at fault. Fines leveled at insurance companies averaged more than $12,000 per violation.
Payment violations lead all categories for total fine amount. Insurance carriers are liable for these fines for cases where they have failed to pay income benefits or medical bill reimbursement to injured employees in a timely manner.
Learn More: Posting Requirements
Are you an employer wondering what you need to display in the workplace to stay compliant with Worker’s Compensation posting requirements?
Every state requires Worker’s Compensation and Unemployment Insurance postings, but not all states have the same posting requirements. You can learn which Workers Comp postings and Unemployment Insurance postings are required for your state here.