MEMORANDUM OF UNDERSTANDING
U.S. DEPARTMENT OF LABOR
OFFICE OF FEDERAL CONTRACT COMPLIANCE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
The Processing of Complaints of Employment Discrimination
as Between the Two Agencies
In order to reduce duplication of compliance activities and
to facilitate information exchange, the Equal Employment
Opportunity Commission (EEOC) and the Office of Federal
Contract Compliance (OFCC) agree to the following:
Prior to investigation of charges filed against Government
contractors subject to Executive Order 11246, as amended,
EEOC will contact OFCC to (a) determine whether the
contractor has been subjected to a compliance review within
the past ninety (90) days, and (b) obtain and review copies of
any documents relevant to EEOC's investigation which have
been secured by the contracting agency in previous compliance
Prior to conducting compliance reviews or investigations of
complaints against Government contractors, OFCC will contact
EEOC to (a) determine whether EEOC has processed similar
or identical charges against the contractor, (b) determine
whether EEOC has information from prior investigations, if
any, which may have a bearing on the contractor's compliance
with Executive Order 11246, as amended, and (c) obtain and
review any pertinent documents.
It is anticipated that these contacts will be made routinely
between EEOC regional offices and regional offices of OFCC.
In order to facilitate this information exchange:
OFCC will provide EEOC with:
EEOC will provide OFCC with:
- Copies of reports from Compliance Agencies
outlining contractor compliance reviews proposed
for the next quarter.
- Current lists of PIAs with an associated list of
contractor establishments located in each region
of each PIA.
- A listing of compliance reviews actually completed
each quarter indicating the results of such reviews.
- A monthly printout listing of all current charges
under investigation, by region.
- A quarterly listing of all cases in which settlement or
conciliation has been completed and the results, by region.
- A copy of each conciliation agreement prepared in
EEOC field offices as a result of conciliation efforts.
The following procedure shall be applicable to all cases involving Government
contractors subject to the provisions of Executive Order 11246, as amended.
- OFCC shall promptly transmit complaints filed with it under Executive
Order 11246, as amended, to EEOC, which shall treat such complaints as charges
filed under Title VII of the Civil Rights Act of 1964. EEOC will investigate
such complaints, if practicable within sixty (60) days, (or, in the case of
charges relating to practices occurring in a state or subdivision thereof in
which EEOC is required to refer to an appropriate state or local agency
under Section 706(b) of Title VII, if practicable within one hundred and
twenty (120) days) from the date on which such charge is received by it.
In investigating such charges, EEOC will act both on behalf of OFCC under
Executive Order 11246, as amended, and on its own behalf under Title VII.
EEOC shall promptly transmit its decision and findings of fact in all such
cases of OFCC, which shall then take action in accordance with paragraph
two (2) of this agreement.
- Whenever EEOC determines that reasonable cause exists to
believe that a Government contractor subject to Executive Order
11246, as amended, has violated Title VII, it shall transmit its decision
and findings of fact to OFCC. The Director of OFCC then shall cause
to be served upon such contractor a notice that reasonable cause exists
to believe that such contractor is in violation of Executive Order 11246,
as amended, and that should conciliation efforts of EEOC fail, said
contractor shall have thirty (30) days to show cause why enforcement
proceedings should not be commenced against it under Executive Order
11246, as amended. In order to develop effective working procedures
to implement this paragraph, the following procedure shall apply during
the first ninety (90) days of the operation of this Memorandum:
- EEOC shall determine which cases in which reasonable
cause has been found against Government contractors will
be referred to OFCC for issuance of thirty (30) days show
cause notices under this paragraph.
- EEOC and OFCC will agree on the total number of cases
to be referred.
- At the end of ninety (90) days, EEOC and OFCC will review
the operation of this Memorandum, and adopt such adjustments
to procedures as are appropriate in the light of experience.
- A finding by EEOC as to reasonable cause shall not be conclusive
as to whether the contractor has violated Executive Order 11246, as
amended, nor is anything contained herein intended to limit the
authority of OFCC in conducting such further investigations or from
instituting such further efforts to obtain compliance with the provisions
of Executive Order 11246, as amended, including the commencement
of show cause proceedings earlier than the period specified in para-
graph (2) above, as it deems appropriate: Provided, that in further
attempting to resolve questions of noncompliance, OFCC shall give
appropriate consideration to the fact that voluntary conciliation efforts
of EEOC have failed with respect to such contractor.
- EEOC and OFCC shall conduct periodic reviews of the implementation
of this agreement, and shall, on an ongoing basis, continue their efforts
to develop consistent systems, procedures, and standards in furtherance
of the purposes of this agreement.
George P. Shultz
Secretary of Labor
William H. Brown III, Chairman
Equal Employment Opportunity
John L. Wilks, Director
Office of Federal Contract