2021 Adjustment of the Penalty for Violation of Notice Posting Requirements, 28263-28265 [2021-11085]

Agencies

• Equal Employment Opportunity Commission

[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Rules and Regulations]
[Pages 28263-28265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11085]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

29 CFR Part 1601

RIN 3046-AB17


2021 Adjustment of the Penalty for Violation of Notice Posting 
Requirements

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final rule.

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SUMMARY: In accordance with the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015, which further amended the 
Federal Civil Penalties Inflation Adjustment Act of 1990, this final 
rule adjusts for inflation the civil monetary penalty for violation of 
the notice-posting requirements in Title VII of the Civil Rights Act of 
1964, the Americans with Disabilities Act, and the Genetic Information 
Non-Discrimination Act.

DATES: This final rule is effective May 26, 2021.

FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal 
Counsel, (202) 921-2665, or Savannah Marion Felton, Senior Attorney, 
(202) 921-2671, Office of Legal Counsel, 131 M St. NE, Washington, DC 
20507. Requests for this notice in an alternative format should be made 
to the Office of Communications and Legislative Affairs at (202) 663-
4191 (voice) or 1-800-669-6820 (TTY).

SUPPLEMENTARY INFORMATION:

I. Background

    Under section 711 of the Civil Rights Act of 1964 (Title VII), 
which is incorporated by reference in section 105 of the Americans with 
Disabilities Act (ADA) and section 207 of the Genetic Information Non-
Discrimination Act (GINA), and implemented in 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, or GINA must post notices describing 
the pertinent provisions of these laws. Such notices must be posted in 
prominent and accessible places where notices to employees, applicants, 
and members are customarily maintained. 29 CFR 1601.30(a). Failure to 
comply with this posting requirement is subject to penalty pursuant to 
the Federal Civil Penalties Adjustment Act, as amended. 29 CFR 
1601.30(b). On average, the Equal Employment Opportunity Commission 
(EEOC or Commission) issues fewer than 60 posting notice violations 
annually.
    The EEOC first adjusted the civil monetary penalty for violations 
of the notice posting requirements in 1997 pursuant to the Federal 
Civil Penalties Inflation Adjustment Act of 1990 (FCPIA Act), 28 U.S.C. 
2461 note, as amended by the Debt Collection Improvement Act of 1996 
(DCIA), Public Law 104-134, Sec. 31001(s)(1), 110 Stat. 1373. A final 
rule was published in the Federal Register on May 16, 1997, at 62 FR 
26934, which raised the maximum penalty per violation from $100 to 
$110. The EEOC's second adjustment, made pursuant to the FCPIA Act, as 
amended by the DCIA, was published in the Federal Register on March 19, 
2014, at 79 FR 15220 and raised the maximum penalty per violation from 
$110 to $210.
    The Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015 (2015 Act), Public Law 114-74, Sec. 701(b), 129 Stat. 599, 
further amended the FCPIA Act, to require each

[[Page 28264]]

federal agency, not later than July 1, 2016, and not later than January 
15 of every year thereafter, to issue regulations adjusting for 
inflation the maximum civil penalty that may be imposed pursuant to 
each agency's statutes. The purpose of the annual adjustment for 
inflation was to maintain the remedial impact of civil monetary 
penalties and promote compliance with the law. The EEOC's initial 
adjustment made pursuant to the 2015 Act was published in the Federal 
Register on June 2, 2016, at 81 FR 35269 and raised the maximum penalty 
per violation from $210 to $525. The EEOC subsequently made annual 
adjustments pursuant to the 2015 Act in 2017, 2018, 2019, and 2020, 
ultimately raising the maximum penalty per violation to $569.\1\
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    \1\ The EEOC's second adjustment made pursuant to the 2015 Act 
was published in the Federal Register on January 31, 2017, at 82 FR 
8812 and raised the maximum penalty per violation from $525 to $534. 
EEOC's third adjustment made pursuant to the 2015 Act was published 
in the Federal Register on January 18, 2018 at 83 FR 2537 and raised 
the maximum penalty per violation from $534 to $545. EEOC's fourth 
adjustment made pursuant to the 2015 Act was published in the 
Federal Register March 21, 2019 at 84 FR 10410 and raised the 
maximum penalty per violation from $545 to $559. EEOC's most recent 
adjustment made pursuant to the 2015 Act was published in the 
Federal Register March 18, 2020 and raised the maximum penalty per 
violation from $559 to $569.
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    These annual adjustments to the penalty are calculated pursuant to 
the inflation adjustment formula provided in section 5(b) of the 2015 
Act. In accordance with section 6 of the 2015 Act, the adjusted penalty 
will apply only to penalties assessed after the effective date of the 
adjustment. Generally, the periodic inflation adjustment to a civil 
monetary penalty under the 2015 Act will be based on the percentage 
change between the Consumer Price Index for all Urban Consumers (CPI-U) 
for the month of October preceding the date of adjustment and the prior 
year's October CPI-U.

II. Calculation

    The adjustment set forth in this final rule was calculated by 
comparing the CPI-U for October 2019 with the CPI-U for October 2020, 
resulting in an inflation adjustment factor of 1.01182. The first step 
of the calculation is to multiply the inflation adjustment factor 
(1.01182) by the most recent civil penalty amount ($569) to calculate 
the inflation-adjusted penalty level ($575.72558). The second step is 
to round this inflation-adjusted penalty to the nearest dollar ($576). 
Accordingly, the Commission is now adjusting the maximum penalty per 
violation specified in 29 CFR 1601.30(a) from $569 to $576.

III. Regulatory Procedures

Administrative Procedure Act

    The Administrative Procedure Act (APA) provides an exception to the 
notice and comment procedures where an agency finds good cause for 
dispensing with such procedures, on the basis that they are 
impracticable, unnecessary, or contrary to the public interest. The 
Commission finds that under 5 U.S.C. 553(b)(3)(B) good cause exists to 
not utilize notice of proposed rulemaking and public comment procedures 
for this rule because this adjustment of the civil monetary penalty is 
required by the 2015 Act, the formula for calculating the adjustment to 
the penalty is prescribed by statute, and the Commission has no 
discretion in determining the amount of the published adjustment. 
Accordingly, the Commission is issuing this revised regulation as a 
final rule without notice and comment.

Executive Order 12866

    Pursuant to Executive Order 12866, the EEOC has coordinated with 
the Office of Management and Budget (OMB). Under section 3(f) of 
Executive Order 12866, the EEOC and OMB have determined that this final 
rule will not have an annual effect on the economy of $100 million or 
more, or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities. The great majority of employers and entities covered by 
these regulations comply with the posting requirement, and, as a 
result, the aggregate economic impact of these revised regulations will 
be minimal, affecting only those limited few who fail to post required 
notices in violation of the regulation and statue.

Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) (PRA) applies to 
rulemakings in which an agency creates a new paperwork burden on 
regulated entities or modifies an existing burden. This final rule 
contains no new information collection requirements, and therefore, 
will create no new paperwork burdens or modifications to existing 
burdens that are subject to review by the Office of Management and 
Budget under the PRA.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612) only requires a 
regulatory flexibility analysis when notice and comment is required by 
the Administrative Procedure Act or some other statute. As stated 
above, notice and comment is not required for this rule. For that 
reason, the requirements of the Regulatory Flexibility Act do not 
apply.

Unfunded Mandates Reform Act of 1995

    This final rule will not result in the expenditure by State, local, 
or tribal governments, in the aggregate, or by the private sector, of 
$100 million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Congressional Review Act

    The Congressional Review Act (CRA) requires that before a rule may 
take effect, the agency promulgating the rule must submit a rule 
report, which includes a copy of the rule, to each House of the 
Congress and to the Comptroller General of the United States. EEOC will 
submit a report containing this rule and other required information to 
the U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States prior to the effective date of the rule. 
Under the CRA, a major rule cannot take effect until 60 days after it 
is published in the Federal Register. This action is not a ``major 
rule'' as defined by the CRA at 5 U.S.C. 804(2).

List of Subjects in 29 CFR Part 1601

    Administrative practice and procedure.


    Dated: May 20, 2021.
Charlotte A. Burrows,
Chair, Equal Employment Opportunity Commission.

    Accordingly, the Equal Employment Opportunity Commission amends 29 
CFR part 1601 as follows:

PART 1601--PROCEDURAL REGULATIONS

0
1. The authority citation for part 1601 is revised to read as follows:

    Authority: 42 U.S.C. 2000e to 2000e-17; 42 U.S.C. 12111 to 
12117; 42 U.S.C. 2000ff to 2000ff-11; 28 U.S.C. 2461 note, as 
amended; Pub. L. 104-134, Sec. 31001(s)(1), 110 Stat. 1373.


0
2. Section 1601.30 is amended by revising paragraph (b) to read as 
follows:


1601.30  Notices to be posted.

* * * * *
    (b) Section 711(b) of Title VII and the Federal Civil Penalties 
Inflation

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Adjustment Act, as amended, make failure to comply with this section 
punishable by a fine of not more than $576 for each separate offense.

[FR Doc. 2021-11085 Filed 5-25-21; 8:45 am]
BILLING CODE 6570-01-P