The “OFCCP Week in Review” is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment published weekly. Here are the latest developments:
Monday June 6, 2016: EEOC Raises Financial Penalties For Notice-Posting Requirements Under Three Statutes:
-Title VII
-Americans with Disabilities Act (“ADA”)
-Genetic Information Non-Discrimination Act (“GINA”)
Financial penalty was $210 29 CFR Section 1601.30(a)
New financial penalty will be $525 for each separate offense effective July 5, 2016 81 Federal Register 35269-35270 (June 2, 2016)
How did this happen? The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 adjusts for inflation.
NOTE 1: OFCCP, by contrast, has no Notice-Posting financial penalties
NOTE 2: The federal “5-in-1 poster” satisfies the EEOC’s Notice Posting Requirements (but you also need the OFCCP Pay Transparency Supplement if a company is a covered Government Contractor-at least until the EEOC and OFCCP are able to update the classic 5-in-1 poster).
THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.
Reminder: If you have specific OFCCP compliance questions and/or concerns or wish to offer suggestions about future topics for the OFCCP Week In Review, please contact your membership representative at 866-268-6206 (for DirectEmployers Association Members), or email Candee at candee@directemployers.org with your ideas.
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