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), 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: [insert date of publication in the FEDERAL REGISTER]

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 DOL'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.

/s/
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Ida L. Castro
Chairwoman
Equal Employment Opportunity Commission

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Alexis M. Herman
Secretary of Labor

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Bernard E. Anderson
Assistant Secretary
Employment Standards Administration

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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 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 discriminating 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 OFCCP, 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

This page was last modified on April 7, 1999.

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