EEOC and OFCCP Update Agreement to Share Information
January 09, 2012

The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) recently issued an updated Memorandum of Understanding (MOU) detailing their efforts to further the agencies’ joint objectives in monitoring equal employment opportunities for applicants and employees under Title VII of the Civil Rights Act of 1964 for all employers and Executive Order 11246 for federal and federally-assisted employers.

Effective Nov. 2, 2011, notable changes to the MOU include the agencies’ agreement to:

  • share any information relating to the employment policies or practices of employers that support the enforcement mandates of each agency as well as their joint enforcement efforts.  Such information shall include, but is not limited to affirmative action programs, annual employment reports, complaints, charges, investigative files, and compliance evaluation reports and files;
  • make available to the appropriate requesting official of the other agency for inspection and copying, any documents in its possession pertaining to the effective enforcement or administration of any laws or requirements enforced by the requesting agency;
  • create “Compliance Coordination Committees” that will establish procedures for notification and consultation at various stages of their respective compliance activities in order to develop potential joint enforcement initiatives, increase efficiency, ensure coordination and minimize duplication.
  • act as the other’s agent for the purposes of receiving all complaints and charges of employment discrimination filed that may not fall under the jurisdiction of the agency receiving the compliant.    For example, when OFCCP receives such a complaint and determines that the employer is not a federal contractor subject to Executive Order 11246, OFCCP shall transfer the charge to EEOC within 10 days of that determination and notify the parties. Such notification shall explain that OFCCP, as EEOC’s agent, has received the Title VII charge and that the date OFCCP received it will be deemed the date it was received by EEOC.

For additional information on the laws administered and enforced by OFCCP and the EEOC, visit www.agc.org/topicalresources.  The primary category is “EEO” and the secondary category is “Affirmative Action/EEO.”