Coordination of Functions; Memorandum of Understanding [Notices] [04/12/1999]
Coordination of Functions; Memorandum of Understanding [04/12/1999]
Volume 64, Number 69, Page
17664-17668=======================================================================
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
DEPARTMENT OF LABOR
Coordination of Functions; Memorandum of Understanding
AGENCIES: Equal Employment Opportunity Commission and Department of
Labor.
ACTION: Final notice.
-----------------------------------------------------------------------
SUMMARY: the Equal Employment Opportunity Commission (EEOC) and the
Department of Labor (DOL), Office of Federal Contract Compliance
Programs (OFCCP) have adopted final revisions to their 1981 Memorandum
of Understanding, originally published at 46 FR 7435, Jan. 23, 1981.
The revisions include updated charge processing procedures to increase
coordination and efficiency and to minimize duplication in the
agencies' overlapping EEO enforcement activities. Modeled on the 1992
joint rule for processing disability complaints under Section 503 of
the Rehabilitation Act and Title I of the Americans with Disabilities
Act, the revisions authorize OFCCP to act as EEOC's agent to process
and resolve the Title VII component of complaints/charges dual filed
with OFCCP under Executive Order 11246, as amended, and Title VII of
the Civil Rights Act of 1964, as amended. The revisions also add a
paragraph to address Title VII's confidentiality requirements.
Additional minor changes have been made to update other sections of the
1981 agreement, such as changes in the titles of agency officials.
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,
[[Page 17665]]
Department of Labor, (202) 693-0102 (voice), (202) 693-1308 (TTY).
SUPPLEMENTARY INFORMATION: The revised Memorandum of Understanding
(MOU) sets forth complaint processing and information sharing
procedures, as did the original 1981 MOU, to coordinate enforcement
efforts under Executive Order 11246 and Title VII. The revised MOU
retains the same general division of labor between the agencies as set
forth in the 1981 agreement regarding Executive Order 11246 complaints
filed with OFCCP. OFCCP will normally refer dual-filed complaints/
charges of an individual nature to EEOC for processing, and will
normally retain systemic or class dual-filed complaints/charges. The
revised MOU authorizes OFCCP to act as EEOC's agent in processing and
resolving the Title VII component of dual-filed complaints/charges that
OFCCP retains under the agreement.
The agencies published a proposed notice on December 14, 1998, at
63 FR 68764, inviting public comment on the proposed changes to the
1981 MOU's charge processing provisions and the proposed new paragraph
addressing Title VII's confidentiality requirements.
The agencies received 27 comments from a variety of stakeholders.
Many of the commenters endorsed the proposed changes as steps that
would strengthen EEO enforcement and increase the agencies' efficiency
and effectiveness. One commenter criticized the proposed revisions on
the grounds that they are an unauthorized expansion of OFCCP's powers.
Another commenter challenged the general distribution of
responsibilities between the agencies for systemic and class claims.
Set out below are specific points and suggestions for changes raised by
various commenters and the agencies' response.
Numerous commenters recommended broadening the scope of the MOU to
authorize OFCCP to act as EEOC's agent in the course of OFCCP
compliance reviews, in the interests of further maximizing the
efficiency and effectiveness of the agencies' enforcement efforts.
Three commenters opposed this view, and two commenters asked that the
MOU explicitly provide that OFCCP's authority to act as EEOC's agent is
limited to complaints and charges and does not extend to compliance
reviews. An agency can delegate no more authority than it has. Because
EEOC's enforcement authority under Title VII is premised on the receipt
of charges, there can be no delegation to OFCCP when there is no
charge/complaint. Therefore, the revised MOU retains the language
published in the proposed notice stating that OFCCP is authorized to
act as EEOC's agent only with respect to the Title VII component of
complaints or charges filed with, and retained by, OFCCP pursuant to
paragraph 7 of the MOU.
Numerous commenters recommended that the agencies consider the
complaint's preference when requesting deviation from the MOU's normal
charge referral procedures. Normally, OFCCP retains systemic or class
claims and refers individual claims to EEOC. However, EEOC may request
referral of systemic or class claims and OFCCP may request retention of
individual claims, in appropriate cases. It is not necessary to consult
with the complainant when OFCCP requests retention of an individual
claim, given that the complaint/charge was filed with OFCCP in the
first instance. When EEOC requests referral of systemic or class
claims, it will consult with the charging party when appropriate and
practical to do so. In any instance of charge referral under the MOU,
OFCCP will continue to notify the complainant/charging party that her/
his charge has been referred to the EEOC for processing.
Two commenters focused on the standards to be used by OFCCP when it
processes Title VII claims pursuant to the MOU. The commenters
mistakenly believed that the revised MOU omits language in the 1981 MOU
that addressed the agencies' use of consistent internal enforcement
standards and procedures. This language has not been omitted; it is
included in its entirety as paragraph 9 in the revised MOU. One of the
commenters remarked, in particular, that, in conciliating Title VII
claims, OFCCP should follow EEOC's remedies policy, under which cases
may be settled for ``substantial'' rather than ``full'' relief. This
concern is addressed both by paragraph 9 of the revised MOU and, more
explicitly, by language in paragraph 7 explaining that OFCCP's efforts
to obtain relief in Title VII claims shall be ``consistent with EEOC's
standards for remedies.'' More generally, the two commenters emphasized
that OFCCP should adhere to Title VII law on liability and damages when
processing Title VII claims as EEOC's agent. This is consistent with
the agencies' intent and the new MOU's delegation of authority, and we
have therefore added a provision to this effect in the new MOU.
One commenter recommended that systemic or class Title VII claims
in complaints filed with OFCCP be referred to EEOC in the first
instance. The commenter argued that OFCCP should pursue only those
systemic or class claims that EEOC has decided not to pursue. The
division of labor between the agencies as contemplated by the revised
MOU is a long-standing arrangement that, in the agencies' experience,
has been and remains an effective means of coordinating enforcement
functions. Since adoption of the 1981 MOU, OFCCP has retained systemic
or class claims, with allowance for EEOC to request referral of these
claims in appropriate cases. OFCCP is well-suited to process systemic
and class claims given its thirty-plus years of systemic enforcement
experience.
Two commenters opposed the revised MOU on the belief that it is an
unauthorized expansion of OFCCP's powers. One commenter assumed that
OFCCP will act as EEOC's agent in OFCCP compliance reviews which, for
the reasons discussed above, will not be the case. The other commenter
argued that the decision whether to delegate authority to OFCCP to
investigate and seek damages in individual Title VII charges should be
left to Congress. The revised MOU's delegation of authority to OFCCP to
process and resolve the Title VII component of certain charges/
complaints is consistent with EEOC's authority under Title VII and
Executive Order 12067 to implement agreements and procedures that
minimize duplication and maximize efficiency and coordination in EEO
compliance and enforcement.
New paragraph 8 of the MOU addressed the application of Title VII's
confidentiality provisions to OFCCP's receipt of certain information.
After consideration by the agencies, the text of subparagraphs 8(a) and
8(b) of the MOU, as published in the proposed notice, has been revised
to add references to the confidentiality provisions of the Trade
Secrets Act and the Privacy Act, in addition to Title VII.
The text of new paragraphs 7 and 8 of the MOU is set out below. The
entire text of the MOU is included as an Appendix. It is also available
on EEOC's Home Page at www.eeoc.gov, and on DOL's Employment Standards
[[Page 17666]]
Administration Home Page at www.dol.gov/dol/esa.
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.
New Paragraphs 7 and 8 of the Memorandum of Understanding
7. Processing of Complaints Filed With OFCCP
(a) Duel-Filed Complaints/Charges--Complaints of employment
discrimination filed with OFCCP under Executive Order 11246 will be
considered charges simultaneously filed under Title VII whenever the
complaints also fall within the jurisdiction of Title VII. For the
purpose of determining the timeliness of such a charge, which will be
considered dual filed under this paragraph, the date the matter was
received by OFCCP shall be deemed to be the date it was received by
EEOC.
(b) Systemic or Class Allegations--OFCCP will retain, investigate,
and resolve allegations of discrimination of a systemic or class nature
on the basis of race, color, religion, sex, or national origin, over
which it has jurisdiction. OFCCP shall promptly notify EEOC's Director,
Office of Field Programs, of OFCCP's receipt of complaints/charges that
include such allegations, by forwarding a copy of the complaint/charge
(and third party certificate, if any). In addition, OFCCP shall make
available to EEOC, upon request, information obtained in the
investigation and processing of such allegations, pursuant to
paragraphs 1 and 6(b) herein. In appropriate cases, may request that it
be referred systemic or class allegations under Title VII so as to
avoid duplication and assure effective law enforcement.
(c) Individual Allegations--OFCCP will refer to the appropriate
EEOC field office allegations of discrimination of an individual nature
on the basis of race, color, religion, sex, or national origin in dual
filed complaints/charges. In appropriate cases OFCCP may request that
it retain such allegations so as to avoid duplication and assure
effective law enforcement.
(d) Appointment of OFCCP as EEOC's Agent--OFCCP will act as EEOC's
agent for the purposes of receiving, investigating, and processing the
Title VII component of complaints/charges that it retains under this
paragraph. OFCCP shall investigate and process such dual filed
complaints/charges as set forth in this subparagraph, and in a manner
consistent with Title VII principles on liability and damages.
(1) Notice of Receipt of Complaint/Charge--Within ten days of
receipt of the complaint/charge, OFCCP shall notify the contractor/
respondent that it has received a charge of employment discrimination
under Executive Order 11246 and Title VII. This notification shall
state the date, place, and circumstances of the alleged unlawful
employment practice(s).
(2) Fair Employment Practice Agency Deferral Perios--Pursuant to
work-sharing agreements between EEOC and state and local agencies
designated as fair employment practice agencies, the deferral for dual
filed Title VII charges that OFCCP received will be waived.
(3) Not Reasonable Cause Findings--If the OFCCP investigation of a
dual filed complaint/charge results in a not reasonable cause finding
under Title VII, OFCCP will issue a Title VII dismissal and notice of
right-to-sue. OFCCP will close the Title VII component of the
complaint/charge and promptly notify EEOC's Director, Office of Field
Programs, of the closure.
(4) Reasonable Cause Findings--
(i) Successful Conciliation--If the OFCCP investigation of a dual
filed complaint/charge results in a reasonable cause finding under
Title VII, OFCCP will issue a reasonable cause finding under Title VII.
OFCCP will attempt conciliation to obtain relief, consistent with
EEOC's standards for remedies, for all aggrieved persons covered by the
Title VII charge. If conciliation is successful, the conciliation
agreement will state that the complaint/charging party agrees to waive
the right to pursue the subject issues further under Title VII. OFCCP
will close the Title VII component of the complaint/charge, and
promptly notify EEOC's Director, Office of Field Programs, of the
closure.
(ii) Unsuccessful Conciliation--When conciliation is not
successful, the Executive Order 11246 component of the complaint/charge
will be considered for further OFCCP processing consistent with OFCCP's
usual procedures. At the conclusion of OFCCP processing, OFCCP shall
transmit the Title VII charge component to EEOC for any action EEOC
deems appropriate. If EEOC declines to pursue further action, EEOC will
close the Title VII charge and issue a notice of right-to-sue.
(5) Issuance of Notice of Right-to-Sue Upon Request--Consistent
with the Title VII procedures set forth at 29 CFR 1601.28, after 180
days from the date the complaint/charge was filed, OFCCP shall promptly
issue upon request a notice of right-to-sue on the Title VII component
of a complaint/charge that it retains. Issuance of a notice of right-
to-sue shall terminate further OFCCP processing of the Title VII
component of the complaint/charge unless it is determined at that time
or at a later time that it would effectuate the purposes of Title VII
to further process the Title VII component of the complaint/charge.
(6) Subsequent Attempts to File an EEOC Charge Covering the Same
Facts and Issues--If an individual who has already filed an OFCCP
complaint/charge that is deemed dual filed under Title VII subsequently
files a Title VII charge with EEOC covering the same facts and issues,
EEOC will forward the charge to OFCCP for consolidated processing.
8. Confidentiality
(a) When EEOC provides information to OFCCP, then the
confidentiality requirements of sections 706(b) and 709(e) of Title VII
of the Civil Rights Act of 1964 apply to that information. When OFCCP
receives the same information from a source independent of EEOC, the
preceding sentence does not preclude disclosure of the information
received from the independent source. However, OFCCP will also observe
any confidentiality requirements imposed on such information by the
Trade Secrets Act or the Privacy Act.
(b) When OFCCP obtains information from its receipt, investigation,
and processing of the Title VII component of a dual filed charge, or
when OFCCP creates documents that exclusively concern the Title VII
component of a dual filed charge, OFCCP will observe any
confidentiality requirements imposed on such information by the Trade
Secrets Act, the Privacy Act, and sections 706(b) and 709(e) of Title
VII of the Civil Rights Act of 1964.
(c) Questions concerning confidentiality under Title VII shall be
directed to EEOC's Deputy Legal Counsel for Legal Services, Office of
Legal Counsel.
(d) Questions concerning confidentiality under Executive Order
11246, as amended, or 38 U.S.C. 4212 (Section 402 of VEVRAA) shall be
directed to OFCCP, Director, Division of Program Operations.
Appendix: Memorandum of Understanding
This Memorandum of Understanding (MOU) between the U.S.
Department of Labor (DOL) and the Equal Employment Opportunity
Commission (EEOC) is being
[[Page 17667]]
implemented to further the objectives of Congress under Section 715
of title VII of the Civil Rights Act of 1964, as amended by the
Equal Employment Opportunity Act of 1972; of Executive Order 12067,
43 FR 28967; and Section 6 of Reorganization Plan No. 1 of 1978 (43
FR 19807). These objectives are to develop and implement agreements,
policies and practices designed to maximize effort, promote
efficiency, and eliminate conflict, completion, duplication and
inconsistency among the operations, functions and jurisdictions of
the parties to the MOU.
The parties to this MOU agree as follows:
1. The Office of Federal Contract Compliance Programs (OFCCP),
Employment Standards Administration (ESA), DOL shall make available
to the appropriate requesting official of the EEOC or his or her
designee for inspection and copying and/or loan, any documents in
its possession pertaining to the effective enforcement of
administration of (a) Title VII of the Civil Rights Act of 1964, as
amended; or (b) Reorganization Plan No. 1 of 1978 and Executive
Order 12067. All documents will be made available within ten days of
such request. Disclosure of such material by EEOC shall be in
accordance with paragraph 5 of this Agreement. All transfers of
information under this and other paragraphs of this MOU shall only
be made where not otherwise prohibited by law.
2. The EEOC shall make available to the appropriate requesting
official of the OFCCP or his or her designee for inspection had
copying and/or loan any documents pertaining the enforcement and
administration of Executive Order 11246; 38 U.S.C. 4212 of the
Vietnam Era Veterans' Readjustment Assistance Act of 1974; Section
503 of the Rehabilitation Act of 1973; and Executive Order 12067.
All documents in its possession (or to which it has access through a
work-sharing agreement as described in paragraph 5(b) of this
Agreement) will be made available within ten days of such request.
Disclosure of such material by OFCCP shall be in accordance with
paragraphs 5 and 8 of this Agreement.
3. ``Appropriate Requesting Officials'' shall, for the purpose
of this Agreement, include the following officials, or their
successors, or their designees:
(a) For the EEOC:
1. The Chair
2. The Executive Director
3. The General Counsel
4. Any Regional Attorney
5. Any Assistant and Associate General Counsel
6. Any District or Area Office Director
7. The Legal Counsel
8. Director, Office of Field Programs
(b) For the DOL:
1. The Secretary or Deputy Secretary of Labor
2. The Solicitor of Labor
3. Assistant Secretary for Employment Standards
4. The Deputy Assistant Secretary or Deputy Director, OFCCP
5. Associate Solicitor of Labor
6. Any OFCCP Area Office Director
7. Any Regional Solicitor of Labor
8. Any OFCCP Division Director
4. Requests directed to a headquarters office of one agency from
a field office of the other shall first be forwarded through the
headquarters of the requesting agency. Responses to all requests for
informaiton shall be made to the official making such request, or
his/her designee.
5. (a) All requests by third parties for disclosure of
information shall be coordinated with the agency which initially
compiled or collected the information.
(b) Subparagraph 5(a), above, is not applicable to requests for
data in EEOC files made by any state or local agency designated as a
706 agency with whom EEOC has a current charge resolution contract
and a work-sharing agreement containing provisions required by
Sections 706 and 709 of Title VII of the Civil Rights Act of 1964,
as amended. Provided, however, that any such agency shall not
disclose any of the information, initially compiled by OFCCP, to the
public without express written approval by the Deputy Assistant
secretary for OFCCP.
6. EEOC and OFCCP shall establish procedures for notification
and consultation at verious stages of their respective compliance
activities in order to increase efficiency and ensure coordination
and minimize duplication. Such procedures shall include:
(a) Establishment of an ongoing Compliance Coordination
Committee (CCC) which shall meet at least quarterly to review
pending and future compliance plans, the schedule of establishments
to be reviewed, potential Commissioner Charges, and potential
litigation, and to take such other steps as may be appropriate to
increase efficiency and eliminate competition and duplication. Such
committees shall be established both in headquarters and in the
field. At the conclusion of each quarterly meeting, each field CCC
shall forward to the Director, Office of Field Programs, EEOC, and
the Director, Division of Program Operations, OFCCP, a report of the
rsults of such meeting.
(b) Contact by each agency at the commencement of and during a
field investigaiton or compliance review where appropriate to obtain
information in the possession of the agency on the employer being
investigated.
(c) Notification to OFCCP, in appropriate instances, when EEOC
has made a finding of cause and has determined that attempts at
conciliation are unsuccessful and that no lawsuit will be filed by
EEOC.
(d) Consulation with the appropriate field office of OFCCP when
an EEOC field office is contemplating recommending a Commissioner
Charge or litigation, and coordination of its activities.
(e) Consultation with the appropriate field office of EEOC when
an OFCCP Regional Office is contemplating recommending the issuance
of an administrative complaint and coordination of its activities.
7. Processing of Complaints Filed with OFCCP.
(a) Dual-Filed Complaints/Charges--Complaints of employment
discrimination filed with OFCCP under Executive Order 11246 will be
considered charges simultaneously filed under Title VII whenever the
complaints also fall within the jurisdiction of Title VII. For the
purpose of determining the timeliness of such a charge, which will
be considered dual filed under this paragraph, the date the matter
was received by OFCCP shall be deemed to be the date it was received
by EEOC.
(b) Systemic or Class Allegations--OFCCP will retain,
investigate, and resolve allegations of discrimination of a systemic
or class nature on the basis of race, color, religion, sex, or
national origin, over which it has jurisdiction. OFCCP shall
promptly notify EEOC's Director, Office of Field Programs, of
OFCCP's receipt of complaints/charges that include such allegations,
by forwarding a copy of the complaint/charge (and third party
certificate, if any). In addition, OFCCP shall make available to
EEOC, upon request, information obtained in the investigation and
processing of such allegations, pursuant to paragraphs 1 and 6(b)
herein. In appropriate cases, EEOC may request that it be referred
systemic or class allegations under Title VII so as to avoid
duplication and assure effective law enforcement.
(c) Individual Allegations--OFCCP will refer to the appropriate
EEOC field office allegations of discrimination of an individual
nature on the basis of race, color, religion, sex, or national
origin in dual filed complaints/charges. In appropriate cases, OFCCP
may request that it retain such allegations so as to avoid
duplication and assure effective law enforcement.
(d) Appointment of OFCCP as EEOC's Agent--OFCCP will act as
EEOC's agent for the purposes of receiving, investigating, and
processing the Title VII component of complaints/charges that it
retains under this paragraph. OFCCP shall investigate and process
such dual filed complaints/charges as set for in this subparagraph,
and in a manner consistent with Title VII principles on liability
and damages.
(1) Notice of Receipt of complaint/charge--Within ten days of
receipt of the complaint/charge, OFCCP shall notify the contractor/
respondent that it has received a charge of employment
discrimination under Executive Order 11246 and Title VII. This
notification shall state the date, place, and circumstances of the
alleged unlawful employment practice(s).
(2) Fair Employment Practice Agency Deferral Period--Pursuant to
work-sharing agreements between EEOC and state and local agencies
designated as fair employment practice agencies, the deferral period
for dual filed Title VII charges that OFCCP receives will be waived.
(3) Not Reasonable Cause Findings--If the OFCCP investigation of
a dual filed complaint/charge results in a not reasonable cause
finding under Title VII, OFCCP will issue a Title VII dismissal and
notice of right-to-sue. OFCCP will close the Title VII component of
the complaint/charge and promptly notify EEOC's Director, Office of
Field Programs, of the closure.
(4) Reasonable Cause Findings--
(i) Successful Conciliation--If the OFCCP investigation of a
dual filed complaint/charge results in a reasonable cause finding
under Title VII, OFCCP will issue a reasonable cause finding under
Title VII. OFCCP will attempt conciliation to obtain relief,
consistent with EEOC's standards for
[[Page 17668]]
remedies, for all aggrieved persons covered by the Title VII charge.
If conciliation is successful, the conciliation agreement will state
that the complainant/charging party agrees to waive the right to
pursue the subject issues further under Title VII. OFCCP will close
the Title VII component of the compliant/charge, and promptly notify
EEOC's Director, Office of Field Programs, of the closure.
(ii) Unsuccessful Conciliation--When conciliation is not
successful, the Executive Order 11246 component of the compliant/
charge will be considered for further OFCCP processing consistent
with OFCCP's usual procedures. At the conclusion of OFCCP
processing, OFCCP shall transmit the Title VII charge component to
EEOC for any action EEOC deems appropriate. If EEOC declines to
pursue further action, EEOC will close the Title VII charge and
issue a notice of right-to-sue.
(5) Issuance of Notice of Right-to-Sue Upon Request--Consistent
with the Title VII procedures set froth at 29 CFR 1601.28, after 180
days from the date the complaint/charge was filed, OFCCP shall
promptly issue upon request a notice of right-to-sue on the Title
VII component of a compliant/charge that it retains. Issuance of a
notice of right-to-sue shall terminate further OFCCP processing of
the Title VII component of the complaint/charge unless it is
determined at that time or at a later time that it would effectuate
the purposes of Title VII to further process the Title VII component
of the compliant/charge.
(6) Subsequent Attempts to File an EEOC Charge Covering the Same
Facts and Issues--If an individual who has already filed an OFCCP
complaint/charge that is deemed dual filed under Title VII
subsequently files a Title VII charge with EEOC covering the same
facts and issues, EEOC will forward the charge to OFCCP for
consolidated processing.
8. Confidentiality.
(a) When EEOC provides information to OFCCP, then the
confidentiality requirements of sections 706(b) and 709(e) of Title
VII of the Civil Rights Act of 1964 apply to that information. When
OFCCP receives the same information from a source independent of
EEOC, the preceding sentence does not preclude disclosure of the
information received from the independent source. However, OFCCP
will also observe any confidentiality requirements imposed on such
information by the Trade Secrets Act or the Privacy Act.
(b) When OFCCP obtains information from its receipt,
investigation, and processing of the Title VII component of a dual
filed charge, or when OFCCP creates documents that exclusively
concern the Title VII component of a dual filed charge, OFCCP will
observe any confidentiality requirements imposed on such information
by the Trade Secrets Act, the Privacy Act, and sections 706(b) and
709(e) of the Civil Rights Act of 1964.
(c) Questions concerning confidentiality under Title VII shall
be directed to EEOC's Deputy Legal Counsel for Legal Services,
Office of Legal Counsel.
(d) Questions concerning confidentiality under Executive Order
11246, as amended, or 38 U.S.C. 4212 (Section 402 of VEVRAA) shall
be directed to OFCCP, Director, Division of Program Operations.
9. OFCCP and EEOC seek to ensure consistent compliance and
enforcement standards and procedures that will facilitate
consistency of compliance determinations. The agencies also seek to
make the most efficient use of their available resources through
coordination. Accordingly, the CCC shall advise in the development
of standards and procedures for both agencies, including, but not
limited to:
<bullet> Criteria and mechanisms for selecting industries and
organizations for review and investigation;
<bullet> Procedures for routine access to and exchanges of
electronic data bases, including, but not limited to, lists of
proposed and completed compliance reviews, systemic, ELI and
individual cases and conciliation agreements and settlements;
<bullet> Consistent analytical approaches to identifying and
defining employment discrimination and determining appropriate
remedies;
<bullet> Uniform training programs and training materials;
<bullet> Joint Policy statements;
<bullet> Procedures for coordinated collection, sharing and
analysis of data;
<bullet> Joint projects to develop consistent definitions and to
share expertise, foster consistency, and reduce duplicative efforts
in such areas as: analysis of employee selection procedures, labor
market availability and use of employment statistics;
<bullet> Procedures to be utilized in obtaining compliance with
OFCCP or EEOC requests for data and information, pursuant to
investigations under either Title VII or Executive Order 11246.
10. EEOC and OFCCP shall conduct periodic reviews of the
implementation of this agreement, on an ongoing basis.
[FR Doc. 99-9065 Filed 4-9-99; 8:45 am]
BILLING CODE 6570-01-M and 4510-27-M
|
