The U.S. Equal Employment Opportunity Commission
Memoranda of Understanding
EEOC and other Federal departments and agencies have entered into Memoranda
of Understanding (MOU) when our jurisdictions overlap. We have done this to make
sure that individuals seeking the protection of Federal law can be assured that their
claims will be heard even if they do not go to the right civil rights agency.
These Memoranda also protect employers from having to defend claims before
multiple departments or agencies.
- EEOC/OFCCP Memorandum of Understanding: Coordination of Functions
The MOU between EEOC and the Office of Federal Contract Compliance
Programs (OFCCP), Department of Labor (DOL), sets forth complaint processing
and information sharing procedures to coordinate enforcement efforts under
Executive Order 11246 and Title VII of the Civil Rights Act of 1964, as
amended. Under the MOU, OFCCP will normally refer complaints/charges of an
individual nature filed with both EEOC and OFCCP to EEOC for processing, and
will normally retain systemic or class complaints/charges. The MOU authorizes
OFCCP to act as EEOC's agent in processing and resolving the Title VII
component of these complaints/charges that OFCCP retains under the MOU.
(EEOC also has established procedures in 29 C.F.R. Part 1641
for use when an individual alleges disability discrimination
against Federal government contractors and subcontractors.)
- EEOC/ESA Memorandum of Understanding: Coordination of Functions
The MOU enhances enforcement of the federal laws prohibiting
compensation discrimination, which are enforced by the EEOC
and by the DOL's Employment Standards Administration.
The agreement is designed to reduce duplication of effort
and result in increased enforcement activity on the issue of compensation
discrimination through training of ESA personnel in OFCCP and the Wage
and Hour Division, and through communicating about potential issues of
compensation discrimination.
- EEOC enforces the Equal Pay Act, which prohibits sex-based wage
discrimination between men and women in the same establishment who
are performing under similar working conditions and Title VII, which
bars wage-based discrimination on the bases of race, color, national
origin, religion, and sex.
- The Wage and Hour Division administers and enforces the Fair
Labor Standards Act, which address Federal minimum wage, overtime,
child labor, and record keeping requirements.
- EEOC/Office of Special Counsel Memorandum of Understanding: National Origin
and Citizenship Discrimination
The MOU is intended to prevent any overlap in the filing of charges of
discrimination under Title VII, which prohibits, among other things, national
origin discrimination by employers with 15 or more employees, and Section 274B
of the Immigration and Nationality Act, which prohibits national origin
discrimination by employers with between four and 14 employees and citizenship
discrimination by employers with more than four employees. Section 274B is
administered and enforced by the Office of Special Counsel for Immigration-Related
Unfair Employment Practices, Department of Justice.
- EEOC/NLRB Memorandum of Understanding: Disability Discrimination
The MOU, between EEOC and the National Labor Relations Board establishes
a procedure for coordinating the enforcement of Title I of the Americans
with Disabilities Act (ADA) and Section 8 of the National Labor Relations Act (NLRA).
- EEOC/FCC Memorandum of Understanding: Coordination of Functions
The MOU between EEOC and the Federal Communications Commission addresses
overlapping enforcement responsibilities of these agencies and the exchange
of information between them. In particular, EEOC designated FCC as an agent
of the Commission for the purpose of receiving charges of discrimination.
- EEOC/NAAG Memorandum of Understanding: Federal/State Coordination
The MOU between the EEOC and the National Association of Attorneys General
established effective and lasting mechanisms for communication and cooperation
among state Attorneys General and the EEOC. The MOU instituted mechanisms for
communication, cooperation, and joint work on affirmative enforcement of
employment discrimination laws.
This page was last modified on September 1, 2004.
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