EEOC Update – Notice Posting Violation Penalties and the EEO-1 Pay Data Requirement


This month, there were some developments from the Equal Employment Opportunity Commission of interest to employers:

  • Notice Posting Penalty. The penalty for violations of the notice posting requirements under Title VII, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act is again increasing – from $545 to $559, effective April 20, 2019. Title VII, ADA and GINA each require employers to post a notice describing the protections provided by these laws. This can be accomplished by displaying the Equal Employer Opportunity Commission’s “EEO is the Law” posterin a conspicuous location in the workplace where such notices for applicants and employees are customarily posted. Failure to post this required notice is subject to a monetary penalty. 
  • EEO-1 Pay Data Requirements. As we have previously discussed, the EEOC’s proposal to expand the EEO-1 form to collect pay data was placed on hold by the Office of Management and Budget. Litigation ensued, and this month, a federal court found the stay to be illegal and ordered the revised EEO-1 form to take effect. The court further ordered that the EEOC must clarify for employers by April 3, 2019, whether they will have to report pay data in this year’s EEO-1 reports. Given that the EEO-1 submission period began on March 18, 2019, and that the online process does not include pay data, we doubt that the EEOC will require submission of pay data this year.