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Memorandum of Understanding

between
The Equal Employment Opportunity Commission
and
The Office of Federal Contract Compliance
September 11, 1974

This Memorandum of Understanding between the Office of Federal Contract Compliance and the Equal Employment Opportunity Commission is being 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 Opportunity Amendments of 1972. These objectives are to develop and implement agreements, policies and practices designed to maximize effort, promote efficiency, and eliminate conflict, competition, duplication and inconsistency among the operations, functions and jurisdictions of the parties to this Memorandum.

The parties to this Memorandum agree as follows:

  1. The OFCC shall direct the compliance agencies to make available for inspection and copying to the appropriate requesting official of the EEOC or his or her designee any documents pertaining to any respondent against whom a charge has been filed under Title VII of the Civil Rights Act of 1964, including but not limited to affirmative action programs, investigative files, conciliation agreements, compliance review reports, debarment lists, and all supporting data thereto, within ten days of such request, provided such information is available in the files of either the OFCC or the Compliance Agencies.

  2. The EEOC shall make available for inspection and copying to the appropriate requesting official of the OFCC or his or her designee any document pertaining to the enforcement of Executive Order 11246, including but not limited to copies of charges, investigative files, Commission Decisions, conciliation agreements, Voluntary Programs data, all pleadings and briefs filed in civil actions brought by the Commission and all supporting data thereto within ten days of such request, provided such information is available in the files of EEOC.

  3. "Appropriate Requesting Officials" shall for purpose of the Agreement, be defined as follows:

    1. For the Commission:
      1. The Chairman
      2. The Executive Director
      3. The General Counsel
      4. Any Regional Attorney
      5. Any Regional Director
      6. Any District Director

    2. For the OFCC/Compliance Agencies:
      1. The Secretary or Under Secretary of Labor
      2. The Solicitor of Labor
      3. The Director or Deputy Director, OFCC
      4. Any Associate Assistant Regional Director, OFCC
      5. Any Compliance Agency Contract Compliance Officer
      6. Any Compliance Agency Regional Director

  4. Responses to all requests for information shall be made to the official making such request, or his/her designee.

  5. All requests by third parties for disclosure of information shall be referred to the agency which initially compiled or collected the information.

  6. The Secretary and the Chairman shall designate appropriate officials who will promptly advise each other of the respondents/contractors subject to the provisions of Executive Order 11246, as amended, who have been selected by each agency for industry-wide or regional compliance and litigation efforts. In the event that the agencies select identical respondents/contractors these officials shall reach agreement on the division or responsibilities in pursuit of their mutual endeavor(s).

  7. (a) The OFCC shall notify and direct the appropriate compliance agency to notify the appropriate EEOC District Director(s) before any matter is noticed for a debarment hearing. The EEOC District Director will then notify OFCC and the appropriate compliance agency of any matters involving systemic discrimination pending before the Commission concerning the contractor in question. To the extent that such issues are consistent with the facts disclosed by the compliance review, these issues shall be included by the compliance agency in the "14 Day Notice of Intent to Debar" and will be diligently prosecuted by the Compliance Agency.

    (b) EEOC shall notify the Director of OFCC and the appropriate agency Contract Compliance Officer of cases being considered for litigation against Federal contractors with a summary of the issues and EEOC findings. The agency Contract Compliance Officer will then notify EEOC of any matters involving systemic discrimination pending before the agency concerning the contractor in question. To the extent that such issues are consistent with the facts disclosed by the EEOC investigation, such issues shall be included by EEOC in the complaint filed in Federal District Court and will be diligently prosecuted by EEOC.

  8. The parties shall exchange information as follows:
    1. OFCC will provide EEOC regional offices with:
      1. Copies of reports from Compliance Agencies outlining contractor compliance reviews proposed for each quarter.
      2. A listing of compliance reviews actually completed each quarter indicating the results of such reviews.

    2. EEOC will provide OFCC with:

    1. A printout of active/inactive charges within District Offices. The printout shall contain the following data items:
      1. Charge number
      2. Name of Charging Party
      3. Name of Respondent
      4. Location of Respondent
      5. Bases
      6. Issues
      7. Type Respondent #1
      8. Current Status date and code
      9. Current Status definitions

    2. A quarterly list of subsequent new charges received in Headquarters from each District Office.

    3. A copy of each conciliation agreement and court settlement involving systemic discrimination by Federal contractors.

  9. Prior to the investigation or review of any facility, the appropriate investigative or compliance officials of EEOC, OFCC, or the Compliance Agencies shall notify each other of their pending activity, and shall determine:

    1. whether the contacted agency has outstanding complaints of discrimination at the facility to be investigated/reviewed. If so, the subject matter of such complaints shall be considered in the review or investigation. Insofar as the complaints involve systemic discrimination, their subject matter will be included in any conciliation agreement reached between the employer and the reviewing agency. EEOC complainants will not waive any rights they may have under Title VII as the result of an OFCC or Compliance Agency resolution.
    2. whether the contacted agency also plans to investigate or review the identical facility. If so, the appropriate officials from each agency shall confer as to the scheduling and coordination of their compliance efforts.

  10. Complaints filed with OFCC shall be deemed charges filed with EEOC and OFCC shall promptly transmit such charges to the appropriate EEOC District Office.

  11. It is agreed by both agencies that consistent procedures and policies and full interchangeability of compliance determinations are basic to full coordination of their activities. Therefore, it is the intention of the agencies to develop mutually compatible investigative procedures and compliance policies, including minimum standards of remedy. The parties will designate members of a task force to develop such standards, which will commence meetings as soon as possible after the signing of this Memorandum.

  12. 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.

This Memorandum of Understanding supersedes the agreement signed on May 20, 1970.

/s/ John H. Powell, Jr.
Chairman
Equal Employment Opportunity Commission

/s/ Peter J. Brennan
Secretary
U.S. Department of Labor

/s/ Philip J. Davis
Director
Office of Federal Contract Compliance


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