MEMORANDUM OF UNDERSTANDING (MOU)
THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
THE MINISTRY OF FOREIGN AFFAIRS OF THE UNITED MEXICAN STATES
The U.S. Equal Employment Opportunity Commission (EEOC) and the Ministry of Foreign Affairs of the United Mexican States (SRE) are herein referred to collectively as "the Participants";
Recognizing the Participants' desire to further improve compliance with, and awareness of, workplace laws and regulations applicable to all Mexican nationals in the United States of America (United States);
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;
Have reached the following understanding:
The Participants intend to establish a collaborative relationship to provide Mexican nationals in the United States with information, guidance, and access to education and training resources to help them understand and exercise their workplace
rights, particularly with regard to reducing violations against them under the laws and regulations that are administered and enforced by the EEOC, including 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 Non-discrimination
Act of 2008 (GINA).
Training and Education
The Participants intend to work together to achieve the following training and education goals:
- Launch an educational program (hereinafter referred to as "the Program") aimed at making Mexican nationals aware of applicable workplace laws and regulations.
- Monitor, review, evaluate, and modify the Program as needed, as set forth in this MOU, so that Mexican nationals are aware of workplace rights and responsibilities.
- Provide for training by EEOC on the application and enforcement of the statutes and regulations administered and enforced by EEOC to staff at the Mexican Consulates in the United States to enable them to understand the laws and jurisdictional
requirements and, ultimately, to make the correct referrals of potential claims to the EEOC.
- Develop additional appropriate educational materials as needed.
- Arrange for an EEOC representative to attend and participate in appropriate forums held to provide training and information for Mexican nationals and employers in the United States involving topics that fall under the anti-discrimination laws
and regulations enforced by the EEOC.
Outreach and Communication
The Participants intend to work together to achieve the following outreach and communication goals:
- Conduct informational forums at the Mexican Consulates in the United States during, at least, the first year of the Program. A representative of each Participant will attend the forums.
- Publicize this MOU and all relevant information regarding the Program through local and international media as resources permit.
- Provide educational materials to the Mexican Consulates in the United States for distribution. The EEOC will provide the materials.
- Provide the Mexican Consulates in the United States with an EEOC contact person to coordinate implementation of this MOU.
- Set up a system whereby, when Mexican nationals who have returned to Mexico and are owed monetary compensation that EEOC has collected from the responsible employers, the EEOC can seek assistance to locate the national through the Mexican
consulates. EEOC intends to facilitate this contact by providing the Mexican Consulates in the United States with the name, date of birth, and any other relevant information concerning these workers. When contact is done, EEOC intends to direct to
the Mexican Consulates in the United States the corresponding checks issued by the responsible employers, made out to the workers. Arrangements for the delivery of the checks to the workers will be done through the Consulates and the SRE.
- Disseminate compliance and educational materials to the Mexican Consulates' constituency.
Promotion of a Dialogue
The Participants intend to work together to achieve the following goals related to promoting a dialogue on employment discrimination and equal employment opportunity:
- Raise awareness of and demonstrate commitment with respect to equal employment opportunity and workers' rights whenever the Participants address groups from the Mexican community.
- Convene or participate in forums, round table discussions, or stakeholder meetings on issues affecting Mexican nationals to help forge innovative solutions on issues concerning employment discrimination and equal employment opportunity, and
other employment issues, and understanding of worker rights and employer responsibilities.
- Share information on U.S. equal employment opportunity laws and regulations, including those related to 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, to mutually determine working procedures, and to identify the roles and intended responsibilities of the Participants. EEOC intends
to designate points of contact in its district and field offices for referrals from the Mexican Consulates in the United States. In addition, the Participants intend to meet each year to track and share information on activities and results in
achieving the goals of this MOU.
This MOU will take effect once signed by the Participants and is intended to continue for three (3) years. This MOU supersedes local arrangements between EEOC district and field offices and the Mexican Consulates in particular localities if, and
only to the extent that, there are conflicts between such local arrangements and this MOU. This MOU may be modified in writing at any time by mutual consent of the Participants. Either Participant may discontinue its participation in this MOU and
should endeavour to provide thirty (30) days advanced written notice of its intent to discontinue its participation.
Signed at Washington, DC, this 29th day of August, 2014, in duplicate, in the English and Spanish languages.
FOR THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Jacqueline A. Berrien
Chair of the U.S. Equal Employment Opportunity Commission
FOR THE MINISTRY OF FOREIGN AFFAIRS OF THE UNITED MEXICAN STATES
Eduardo Medina Mora
Ambassador of the United Mexican States to the United States of America