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Compliance Posters - Failure to Post

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Every employer, regardless of size, is required to post many different pieces of information relating to employee rights, working conditions, safety and a multitude of other subjects. DID YOU KNOW?...Two U.S. Appellate Court cases have concluded that failure to post EEOC information lifts the deadline for filing discrimination complaint charges? Employer liability can go on indefinitely without posters.

Two separate U.S. Appellate Courts have ruled that when employers fail to post required materials about employee rights under equal employment opportunity laws, the deadline for filing discrimination complaints is essentially lifted. Called "equitable tolling" by the lawyers, it means employers will have to remain subject to complaints that might otherwise have been untimely and excluded because workers didn't file by the deadline imposed. In essence, employers cause their own exposure to be extended. Is that smart? We don't think so.

The two cases are:

  • Marcos Mercado and Suzanne Hebert-Jomp v. The Ritz-Carlton San Juan Hotel, Spa & Casino, 1st Circuit, No. 04-1630, May 31, 2005.

    "Appellants claimed that the filing period did not begin to run tunil they received notice of their rights when they met with an attorney...and, they claimed that Ritz-Carlton was barred from asserting timeliness as a defense because the hotel failed to comply with EEOC regulations requiring employers to post notices advising employees of their legal rights relating to employment discrimination."

  • Leslie East, v. Graphic Arts Industry Joint Pension Trust, DC Circuit Court, No. 96-7061, March 14, 1997.

    The District of Columbia Human Rights Act (DCHRA) sets a one-year limitation period to actions under its provisions. It also requires employers to "post and keep posted in a conspicuous location where business or activity is customarily conducted or negotiated, a notice whose language and form has been prepared by the Office, setting forth excerpts from or summaries of, the pertinent provisions of this chapter and information pertinent to the filing of a complaint." Failure to post as required can prevent the employer from using a defense based on timliness.

HR Web Store posters can help you stay in compliance and prevent the type of extension for liability these cases point out. Order the posters you must have today. We offer laminated sheets that are easy to put up on a wall or bulletin board. And, they will give you the opportunity to assert your compliance with posting requirements.

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