Coordination of Functions; Memorandum of Understanding [Notices] [04/12/1999]
Coordination of Functions; Memorandum of Understanding [04/12/1999]
Volume 64, Number 69, Page 17668-17669-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Department of Labor
Coordination of Functions; Memorandum of Understanding
AGENCY: Equal Employment Opportunity Commission and Department of
Labor.
ACTION: Final notice.
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SUMMARY: The Equal Employment Opportunity Commission (EEOC) and the
Department of Labor (DOL), Employment Standards Administration (ESA)
have adopted a Memorandum of Understanding to maximize the
effectiveness of the laws they enforce that prohibit unlawful
compensation discrimination.
EFFECTIVE DATE: April 12, 1999.
FOR FURTHER INFORMATION CONTACT: Carol R. Miaskoff, Assistant Legal
Counsel For Coordination, Equal Employment Opportunity Commission,
(202) 663-4639 (voice), 202-663-7026 (TTY); or James I. Melvin,
Director, Division of Policy, Planning, and Program Development, Office
of Federal Contract Compliance Programs, Employment Standards
Administration, Department of Labor, (202) 693-0102 (voice), (202) 693-
1308 (TTY).
SUPPLEMENTARY INFORMATION: The Memorandum of Understanding will enhance
enforcement of the federal laws prohibiting compensation
discrimination, which are enforced by the EEOC and by the SOL's ESA.
The agreement will reduce duplication of effort and result in increased
enforcement activity on the issue of compensation discrimination
through training of ESA personnel, and through sharing of information
and data concerning potential issues of compensation discrimination.
EEOC enforces the Equal Pay Act of 1963 (EPA) and Title VII of the
Civil Rights Act of 1964, which prohibit pay discrimination on the
basis of sex. ESA's Office of Federal Contract Compliance Programs
(OFCCP) enforces nondiscrimination requirements that apply to federal
government contractors, primarily Executive Order 11246, and include
prohibitions against discrimination in compensation. ESA's Wage and
Hour Division enforces federal standards for wages and hours of work.
Ida L. Castro,
Chairwoman, Equal Employment Opportunity Commission.
Alexis M. Herman,
Secretary of Labor.
Bernard E. Anderson,
Assistant Secretary, Employment Standards Administration.
Shirley J. Wilcher,
Deputy Assistant Secretary for Federal Contract Compliance.
MEMORANDUM OF UNDERSTANDING BETWEEN THE EMPLOYMENT STANDARDS
ADMINISTRATION AND THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
I. Background and Purpose
The purpose of this Memorandum of Understanding (MOU) is to
maximize the effectiveness of those laws enforced by the Employment
Standards Administration (ESA) and the Equal Employment Opportunity
Commission (EEOC) which prohibit unlawful compensation discrimination,
and other unlawful compensation practices.
Historically, EEOC and ESA have maintained excellent working
relationships in areas of mutual law
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enforcement interest. EEOC enforces Title VII of the Civil Rights Act
of 1964, and the Equal Pay Act of 1963, among other equal employment
opportunity laws. The ESA Office of Federal Contract Compliance
Programs (OFCCP) enforces Executive Order 11246, as amended, and other
contract-based equal employment opportunity laws. The ESA Wage and Hour
Division (WHD) enforces the Fair Labor Standards Act, the Family and
Medical Leave Act (FMLA) and other laws establishing minimum wage and
labor standards.
The agreement will enhance enforcement efforts to prohibit
compensation discrimination and reduce duplication of effort. It will
also result in increased enforcement activity on the issue of
compensation discrimination through the training of ESA personnel, and
through the sharing of information and data.
II. Agency Authorities and Responsibilities
Employment Standards Administration
Office of Federal Contract Compliance Programs: Executive Order
11246, as amended, and its implementing regulations, prohibit covered
federal contractors from disciminating in employment on the basis of
race, color, sex, religion, or national origin, and require them to
take affirmative action to ensure that equal opportunity is provided in
all aspects of employment, including compensation.
Wage and Hour Division
The Fair Labor Standards Act of 1938 (FLSA) establishes minimum
federal standards for wages and hours of work. The Family and Medical
Leave Act (FMLA) provides certain employees with up to 12 weeks of
unpaid job-protected leave a year for qualifying family leave reasons.
EEOC
The Equal Pay Act of 1963 prohibits employers from paying employees
at a rate less than employees of the opposite sex at the same
establishment ``for equal work on jobs the performance of which
requires equal skill, effort, and responsibility, and which are
performed under similar working conditions . . . 29 U.S.C. 206(d)(1).
Title VII of the Civil Rights Act of 1964 protects individuals from
employment discrimination based on sex, race, color, religion, and
national origin.
III. Provisions
Training
Consistent with available resources, EEOC and ESA will develop and
provide training to assist WHD enforcement staff in recognizing
potential compensation discrimination. EEOC and ESA will determine the
exact nature of the training, as well as costs and payment
responsibilities, by consensus.
Transfer of Information
When, in the course of its enforcement activities, or through other
sources, WHD learns of a potential issue of compensation
discrimination, the WHD may, to the extent authorized by law, provide
such information to OFCCP for a determination of the employer's
contract status and for appropriate action. If OFCCP determines that
the employer is not a federal contractor, but may be covered by the
Equal Pay Act or Title VII, OFCCP may, to the extent authorized by law,
provide the information to EEOC.
When in the course of its activities, OFCCP identifies potential
issues of compensation discrimination, OFCCP may, to the extent
authorized by law, share such information, as appropriate, with EEOC,
as well as any other information that will enhance the effectiveness of
the EEOC as an enforcement agency.
Likewise, when, in the course of its enforcement activities, EEOC
identifies potential issues of compensation discrimination, EEOC may,
to the extent authorized by law, share such information, as
appropriate, with OFCP, as well as any other information that will
enhance the effectiveness of the Employment Standards Administration's
OFCCP and WHD as enforcement agencies or programs.
Exchanges of information will, generally, include any supporting
documentation gathered during contact with employers, potential
complainants, or other sources of information. The agency receiving
information has the responsibility to ensure that any disclosures of
the information are in conformance with all provisions of law that
apply to the employees of the originating agency, including Section
706(b) and Section 709(e) of Title VII of the Civil Rights Act of 1964.
The agency receiving the information is also bound to take all
appropriate steps to assure that the information is protected from
unauthorized disclosure or use.
ESA and EEOC will provide each other with semi-annual reports of
actions taken on compensation discrimination referrals provided
pursuant to this MOU. OFCCP and EEOC headquarters staff will meet
periodically to coordinate enforcement on questions relating to
compensation discrimination.
IV. Agreement
The provisions of this Memorandum of Understanding may be reviewed
and jointly modified as appropriate when it is determined by ESA and
EEOC that such review and modification is in the interest of their
respective enforcement responsibilities.
[FR Doc. 99-9066 Filed 4-9-99; 8:45 am]
BILLING CODE 6570-01-M; 4510-27-M
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