Memorandum of Understanding

U.S. Department of Labor Office of Federal Contract Compliance

and

Equal Employment Opportunity Commission

concerning

The Processing of Complaints of Employment Discrimination as Between the Two Agencies

PART 1

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 reviews.

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:

1. Copies of reports from Compliance Agencies outlining contractor compliance reviews proposed for the next quarter.
2. Current lists of PIAs with an associated list of contractor establishments located in each region of each PIA.
3. A listing of compliance reviews actually completed each quarter indicating the results of such reviews.

EEOC will provide OFCC with:

1. A monthly printout listing of all current charges under investigation, by region.
2. A quarterly listing of all cases in which settlement or conciliation has been completed and the results, by region.
3. A copy of each conciliation agreement prepared in EEOC field offices as a result of conciliation efforts.

PART II

The following procedure shall be applicable to all cases involving Government contractors subject to the provisions of Executive Order 11246, as amended.

1. 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.
2. 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:
   1. 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.
   2. EEOC and OFCC will agree on the total number of cases to be referred.
   3. 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.
3. 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.
4. 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
Commission

John L. Wilks, Director
Office of Federal Contract
Compliance