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Memorandum Of Understanding Between The U.S. Equal Employment Opportunity Commission, And The Ministry For Foreign Affairs And Human Mobility Of Ecuador

The U.S. Equal Employment Opportunity Commission (EEOC) and the Ministry for Foreign Affairs and Human Mobility through its Embassy in the United States hereinafter referred to collectively as "the Participants";

RECOGNIZING the joint commitment to compliance and awareness of workplace laws and regulations applicable to Ecuadorian nationals in the United States of America;

RECOGNIZING the need for maintaining cooperative relationships for purposes such as training and education, outreach and communication and promoting a dialogue on compliance with laws and regulations enforced by the EEOC;

INTEND to seek achievement of the following:

Overall Objective

The Participants intend to establish a collaborative relationship that aims to provide Ecuadorian nationals in the United States information, guidance, and access to education and training resources to help them exercise their workplace rights, with the view to protect their civil rights, particularly with regard to reducing violations of the laws and regulations administered and enforced by the EEOC related to employment discrimination and equal employment opportunity, and to help them understand the rights of workers and the responsibilities of employers under the Title VII of the Civil Rights Act of 1964 (Title VII-CRA), as amended; the Pregnancy Discrimination Act (PDA); the Equal Pay Act of 1963 (EPA); the Age Discrimination in Employment Act of 1967 (ADEA), as amended; Title I of the Americans with Disabilities Act of 1990 (ADA), as amended; and the Genetic Information Nondiscrimination Act of 2008 (GINA).

Training and Education

The Participants intend to work together to seek achievement of the following training and education goals:

  • Launch an educational program (hereinafter referred to as "the Program") aimed at making Ecuadorian nationals in the United States aware of applicable workplace laws and regulations administered and controlled by the EEOC
  • Monitor, review, evaluate, and modify the Program as needed, through the terms of this Memorandum of Understanding, with the goal of ensuring that Ecuadorian nationals in the United States are well aware of workplace rights and responsibilities.
  • Provide for training by EEOC to the appropriate Ecuadorian Consulate staff on the application and enforcement of the statutes administered and enforced by EEOC.
  • Establish a system for referring complaints to EEOC.
  • Develop additional appropriate educational materials as needed.
  • Arrange for an EEOC representative to attend and participate in appropriate forums held for Ecuadorian nationals and employers involving topics under the jurisdiction of EEOC.

Outreach and Communication

The Participants intend to work together to achieve the following outreach and communication goals:

  • A minimum of two (2) informational forums during the first year of the Program, where public notice is to be provided, and at least 2 representatives of each Participant attends each forum.
  • Publication of this Memorandum of Understanding and all relevant information regarding the Program through local and international media.
  • The provision of educational materials to the Ecuadorian Embassy and Consulates for distribution.
  • The provision to the Embassy and Consulates of Ecuador the name of a contact person to coordinate implementation of this Memorandum of Understanding.
  • The establishment of a system for consular contact with Ecuadorian nationals who have returned to Ecuador and are owed monetary compensation that EEOC has collected from the responsible employers. EEOC intends to facilitate this contact by providing the Embassy and Consulates with the name, date of birth and any other relevant information concerning these workers. When contact is done, EEOC intends to direct to the Embassy and Consulates the corresponding checks issued by the responsible employers, made out to the workers. The Consulate intends to arrange for the delivery of the checks to the workers.
  • The dissemination of compliance and educational materials to the Consulate's constituency.

Promotion of a Dialogue

The Participants intend to work together to seek achievement of the following goals related to promoting a dialogue on employment discrimination and equal employment opportunity:

  • Raising awareness of and demonstrating commitment with respect to equal employment opportunity and workers' rights whenever the Participants address groups from the Ecuadorian community.
  • Convening or participating in forums, round table discussions, or stakeholder meetings on issues affecting Ecuadorian nationals in the United States to help forge innovative solutions on issues concerning employment discrimination and equal employment opportunity, and other employment issues, and understanding of worker rights and responsibilities of employers.
  • Share information on EEO laws and standards, including those related to equal employment opportunity, worker rights, employer responsibilities and labor exploitation.

An implementation team made up of representatives of each Participant intends to meet to develop a plan of action, mutually determine working procedures, and identify the roles and intended responsibilities of the Participants. EEOC intends to designate a point of contact for referrals from the Embassy and Consulates of Ecuador. In addition, the Participants intend to meet at least two (2) time(s) per year to track and share information on activities and results in achieving the goals of this Memorandum of Understanding.

This Memorandum of Understanding may commence upon signature and is intended to cease three (3) years from the date of signing. A Participant should endeavor to provide thirty (30) days advanced written notice of its intent to discontinue its participation in this Arrangement. This Arrangement may be modified in writing at any time by mutual consent of the Participants.

Signed at Washington DC in duplicate, this 10 day of November 2015, in the English and Spanish languages

FOR THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,



_____________________________
Jenny R. Yang
Chair of the EEOC

FOR THE MINISTRY FOR FOREIGN AFFAIRS AND HUMAN MOBILITY



_______________________
Francisco Borja Cevallos
Ambassador of Ecuador
in Washington DC