The U.S. Equal Employment Opportunity Commission
Questions And Answers Regarding EEOC-Department Of Labor
Memoranda Of Understanding
The Equal Employment Opportunity Commission (EEOC) and the
Department of Labor (DOL) have recently approved two Memoranda of
Understanding (MOUs) to enable them to better enforce the laws
prohibiting discrimination in the workplace and, in particular, the
laws prohibiting discrimination in compensation. The following
questions and answers provide additional information about the
MOUs.
What is the purpose of this Memorandum of
Understanding?
- This MOU will enhance enforcement of the federal laws
prohibiting compensation discrimination, which are enforced by the
EEOC and by the DOL's Employment Standards Administration (ESA),
through cross-training, charge referrals and information
sharing.
Why is coordination necessary on this
topic?
- Cooperation between the agencies is essential because EEOC and
ESA's Office of Federal Contract Compliance Programs (OFCCP) each
enforce laws which address compensation discrimination.
- EEOC enforces the Equal Pay Act of 1963 (EPA), which prohibits
pay discrimination on the basis of sex "for equal work on jobs
[that require] equal skill, effort and responsibility, and which
are performed under similar working conditions . . . ." 29 U.S.C.
206(d)(1). EEOC also enforces Title VII of the Civil Rights Act of
1964, which prohibits discrimination because of sex in the terms
and benefits of employment, including compensation.
- OFCCP enforces nondiscrimination requirements that apply to
federal government contractors, primarily Executive Order 11246,
and include prohibitions against discrimination in
compensation.
- In addition, ESA's Wage and Hour Division (WHD) enforces
related federal standards for wages and hours of work.
How does the new MOU achieve its
goals?
- Training: EEOC and ESA will jointly train WHD staff to
identify potential compensation discrimination cases during the
course of their investigations.
- Referral: When WHD staff encounter potential
compensation discrimination matters they may, consistent with
applicable law, refer such matters to OFCCP for further
investigation and development. If the employer is not a federal
contractor but is covered by Title VII or the EPA, OFCCP is
authorized to forward the matter to EEOC. OFCCP may independently
share information about potential compensation discrimination with
EEOC, and EEOC may share such information with ESA. The agency
receiving the information must ensure that it is only disclosed in
accordance with the laws governing the employees of the originating
agency.
- Information Sharing: EEOC and ESA will exchange
semi-annual reports of actions taken on these compensation
discrimination referrals. EEOC and OFCCP staff will meet
periodically to share information and coordinate enforcement on
questions relating to compensation discrimination.
What is the purpose of this MOU?
- This MOU updates a previous, long-standing agreement between
the agencies which sets out the procedures for handling complaints
which raise claims under both Title VII and Executive Order 11246.
It coordinates and streamlines EEOC's and OFCCP's enforcement
efforts in order to increase efficiency and avoid duplication and
inconsistency.
Why were these particular revisions
necessary?
- Because EEOC and OFCCP have certain related jurisdiction under
Title VII and Executive Order 11246, in some cases, a government
contractor's actions could violate the laws enforced by each
agency. Previously, there were incentives for employees to file
with both agencies simultaneously because the laws enforced by
OFCCP and EEOC have different remedial schemes, and this would
result in duplication and inefficiency.
How does the MOU accomplish its
goals?
- The revised MOU makes OFCCP EEOC's agent for processing the
Title VII component of complaints filed with OFCCP. It comes into
play when a complaint is filed with OFCCP under Executive Order
11246 which raises claims that could also be brought to EEOC under
Title VII.
- When such complaints are filed, OFCCP will continue the
practice under which it retains class cases and refers individual
charges to EEOC. The agencies have agreed that, in unusual
circumstances, the agencies may agree to different procedures.
- OFCCP will act as EEOC's agent and process the Title VII
component of complaints that it retains.
- In processing these charges, OFCCP will follow Title VII's
strict confidentiality requirements when it receives information
from EEOC or obtains information from its processing of Title VII
claims.
What is the significance of these particular charge
processing changes?
- As EEOC's agent, OFCCP will be able to investigate, issue
findings, and attempt to resolve Title VII claims that it retains.
OFCCP will be able to seek recovery of damages on such claims in
voluntary conciliation efforts.
- Individuals will no longer need to file with both agencies to
recover all the remedies to which they may be entitled. In
particular, they will no longer need to file a separate charge with
EEOC for the sole purpose of pursuing damages during the voluntary
conciliation stage of the case. As a result, burdens on employers
will be lessened because only one agency, rather than two, will
process the complaint.
- OFCCP will not have authority to impose Title VII damages on
employers or litigate Title VII claims.
- The new MOU brings the procedures for processing claims of
discrimination on the basis of sex, race, religion, and national
origin into line with procedures established in 1992 under a
similar rule governing the processing of disability
complaints.
What was the public reaction when the MOU was
published for notice and comment?
- The proposed MOU revisions were published in the Federal
Register for notice and comment last December. The agencies
received 27 comments, the great majority of which were very
positive. The agencies incorporated several constructive
suggestions from the comments into the final MOU.
This page was last modified on April 7, 1999.
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