[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Notices]
[Pages 17664-17668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9065]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

DEPARTMENT OF LABOR


Coordination of Functions; Memorandum of Understanding

AGENCIES: Equal Employment Opportunity Commission and Department of 
Labor.

ACTION: Final notice.

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SUMMARY: the Equal Employment Opportunity Commission (EEOC) and the 
Department of Labor (DOL), Office of Federal Contract Compliance 
Programs (OFCCP) have adopted final revisions to their 1981 Memorandum 
of Understanding, originally published at 46 FR 7435, Jan. 23, 1981. 
The revisions include updated charge processing procedures to increase 
coordination and efficiency and to minimize duplication in the 
agencies' overlapping EEO enforcement activities. Modeled on the 1992 
joint rule for processing disability complaints under Section 503 of 
the Rehabilitation Act and Title I of the Americans with Disabilities 
Act, the revisions authorize OFCCP to act as EEOC's agent to process 
and resolve the Title VII component of complaints/charges dual filed 
with OFCCP under Executive Order 11246, as amended, and Title VII of 
the Civil Rights Act of 1964, as amended. The revisions also add a 
paragraph to address Title VII's confidentiality requirements. 
Additional minor changes have been made to update other sections of the 
1981 agreement, such as changes in the titles of agency officials.

EFFECTIVE DATE: April 12, 1999.

FOR FURTHER INFORMATION CONTACT: Carol R. Miaskoff, Assistant Legal 
Counsel For Coordination, Equal Employment Opportunity Commission, 
(202) 663-4639 (voice), 202-663-7026 (TTY); or James I. Melvin, 
Director, Division of Policy, Planning, and Program Development, Office 
of Federal Contract Compliance Programs,

[[Page 17665]]

Department of Labor, (202) 693-0102 (voice), (202) 693-1308 (TTY).

SUPPLEMENTARY INFORMATION: The revised Memorandum of Understanding 
(MOU) sets forth complaint processing and information sharing 
procedures, as did the original 1981 MOU, to coordinate enforcement 
efforts under Executive Order 11246 and Title VII. The revised MOU 
retains the same general division of labor between the agencies as set 
forth in the 1981 agreement regarding Executive Order 11246 complaints 
filed with OFCCP. OFCCP will normally refer dual-filed complaints/
charges of an individual nature to EEOC for processing, and will 
normally retain systemic or class dual-filed complaints/charges. The 
revised MOU authorizes OFCCP to act as EEOC's agent in processing and 
resolving the Title VII component of dual-filed complaints/charges that 
OFCCP retains under the agreement.
    The agencies published a proposed notice on December 14, 1998, at 
63 FR 68764, inviting public comment on the proposed changes to the 
1981 MOU's charge processing provisions and the proposed new paragraph 
addressing Title VII's confidentiality requirements.
    The agencies received 27 comments from a variety of stakeholders. 
Many of the commenters endorsed the proposed changes as steps that 
would strengthen EEO enforcement and increase the agencies' efficiency 
and effectiveness. One commenter criticized the proposed revisions on 
the grounds that they are an unauthorized expansion of OFCCP's powers. 
Another commenter challenged the general distribution of 
responsibilities between the agencies for systemic and class claims. 
Set out below are specific points and suggestions for changes raised by 
various commenters and the agencies' response.
    Numerous commenters recommended broadening the scope of the MOU to 
authorize OFCCP to act as EEOC's agent in the course of OFCCP 
compliance reviews, in the interests of further maximizing the 
efficiency and effectiveness of the agencies' enforcement efforts. 
Three commenters opposed this view, and two commenters asked that the 
MOU explicitly provide that OFCCP's authority to act as EEOC's agent is 
limited to complaints and charges and does not extend to compliance 
reviews. An agency can delegate no more authority than it has. Because 
EEOC's enforcement authority under Title VII is premised on the receipt 
of charges, there can be no delegation to OFCCP when there is no 
charge/complaint. Therefore, the revised MOU retains the language 
published in the proposed notice stating that OFCCP is authorized to 
act as EEOC's agent only with respect to the Title VII component of 
complaints or charges filed with, and retained by, OFCCP pursuant to 
paragraph 7 of the MOU.
    Numerous commenters recommended that the agencies consider the 
complaint's preference when requesting deviation from the MOU's normal 
charge referral procedures. Normally, OFCCP retains systemic or class 
claims and refers individual claims to EEOC. However, EEOC may request 
referral of systemic or class claims and OFCCP may request retention of 
individual claims, in appropriate cases. It is not necessary to consult 
with the complainant when OFCCP requests retention of an individual 
claim, given that the complaint/charge was filed with OFCCP in the 
first instance. When EEOC requests referral of systemic or class 
claims, it will consult with the charging party when appropriate and 
practical to do so. In any instance of charge referral under the MOU, 
OFCCP will continue to notify the complainant/charging party that her/
his charge has been referred to the EEOC for processing.
    Two commenters focused on the standards to be used by OFCCP when it 
processes Title VII claims pursuant to the MOU. The commenters 
mistakenly believed that the revised MOU omits language in the 1981 MOU 
that addressed the agencies' use of consistent internal enforcement 
standards and procedures. This language has not been omitted; it is 
included in its entirety as paragraph 9 in the revised MOU. One of the 
commenters remarked, in particular, that, in conciliating Title VII 
claims, OFCCP should follow EEOC's remedies policy, under which cases 
may be settled for ``substantial'' rather than ``full'' relief. This 
concern is addressed both by paragraph 9 of the revised MOU and, more 
explicitly, by language in paragraph 7 explaining that OFCCP's efforts 
to obtain relief in Title VII claims shall be ``consistent with EEOC's 
standards for remedies.'' More generally, the two commenters emphasized 
that OFCCP should adhere to Title VII law on liability and damages when 
processing Title VII claims as EEOC's agent. This is consistent with 
the agencies' intent and the new MOU's delegation of authority, and we 
have therefore added a provision to this effect in the new MOU.
    One commenter recommended that systemic or class Title VII claims 
in complaints filed with OFCCP be referred to EEOC in the first 
instance. The commenter argued that OFCCP should pursue only those 
systemic or class claims that EEOC has decided not to pursue. The 
division of labor between the agencies as contemplated by the revised 
MOU is a long-standing arrangement that, in the agencies' experience, 
has been and remains an effective means of coordinating enforcement 
functions. Since adoption of the 1981 MOU, OFCCP has retained systemic 
or class claims, with allowance for EEOC to request referral of these 
claims in appropriate cases. OFCCP is well-suited to process systemic 
and class claims given its thirty-plus years of systemic enforcement 
experience.
    Two commenters opposed the revised MOU on the belief that it is an 
unauthorized expansion of OFCCP's powers. One commenter assumed that 
OFCCP will act as EEOC's agent in OFCCP compliance reviews which, for 
the reasons discussed above, will not be the case. The other commenter 
argued that the decision whether to delegate authority to OFCCP to 
investigate and seek damages in individual Title VII charges should be 
left to Congress. The revised MOU's delegation of authority to OFCCP to 
process and resolve the Title VII component of certain charges/
complaints is consistent with EEOC's authority under Title VII and 
Executive Order 12067 to implement agreements and procedures that 
minimize duplication and maximize efficiency and coordination in EEO 
compliance and enforcement.
    New paragraph 8 of the MOU addressed the application of Title VII's 
confidentiality provisions to OFCCP's receipt of certain information. 
After consideration by the agencies, the text of subparagraphs 8(a) and 
8(b) of the MOU, as published in the proposed notice, has been revised 
to add references to the confidentiality provisions of the Trade 
Secrets Act and the Privacy Act, in addition to Title VII.
    The text of new paragraphs 7 and 8 of the MOU is set out below. The 
entire text of the MOU is included as an Appendix. It is also available 
on EEOC's Home Page at www.eeoc.gov, and on DOL's Employment Standards

[[Page 17666]]

Administration Home Page at www.dol.gov/dol/esa.
Ida L. Castro,
Chairwoman, Equal Employment Opportunity Commission.
Alexis M. Herman,
Secretary of Labor.
Bernard E. Anderson,
Assistant Secretary, Employment Standards Administration.
Shirley J. Wilcher,
Deputy Assistant Secretary for Federal Contract Compliance.

New Paragraphs 7 and 8 of the Memorandum of Understanding

7. Processing of Complaints Filed With OFCCP
    (a) Duel-Filed Complaints/Charges--Complaints of employment 
discrimination filed with OFCCP under Executive Order 11246 will be 
considered charges simultaneously filed under Title VII whenever the 
complaints also fall within the jurisdiction of Title VII. For the 
purpose of determining the timeliness of such a charge, which will be 
considered dual filed under this paragraph, the date the matter was 
received by OFCCP shall be deemed to be the date it was received by 
EEOC.
    (b) Systemic or Class Allegations--OFCCP will retain, investigate, 
and resolve allegations of discrimination of a systemic or class nature 
on the basis of race, color, religion, sex, or national origin, over 
which it has jurisdiction. OFCCP shall promptly notify EEOC's Director, 
Office of Field Programs, of OFCCP's receipt of complaints/charges that 
include such allegations, by forwarding a copy of the complaint/charge 
(and third party certificate, if any). In addition, OFCCP shall make 
available to EEOC, upon request, information obtained in the 
investigation and processing of such allegations, pursuant to 
paragraphs 1 and 6(b) herein. In appropriate cases, may request that it 
be referred systemic or class allegations under Title VII so as to 
avoid duplication and assure effective law enforcement.
    (c) Individual Allegations--OFCCP will refer to the appropriate 
EEOC field office allegations of discrimination of an individual nature 
on the basis of race, color, religion, sex, or national origin in dual 
filed complaints/charges. In appropriate cases OFCCP may request that 
it retain such allegations so as to avoid duplication and assure 
effective law enforcement.
    (d) Appointment of OFCCP as EEOC's Agent--OFCCP will act as EEOC's 
agent for the purposes of receiving, investigating, and processing the 
Title VII component of complaints/charges that it retains under this 
paragraph. OFCCP shall investigate and process such dual filed 
complaints/charges as set forth in this subparagraph, and in a manner 
consistent with Title VII principles on liability and damages.
    (1) Notice of Receipt of Complaint/Charge--Within ten days of 
receipt of the complaint/charge, OFCCP shall notify the contractor/
respondent that it has received a charge of employment discrimination 
under Executive Order 11246 and Title VII. This notification shall 
state the date, place, and circumstances of the alleged unlawful 
employment practice(s).
    (2) Fair Employment Practice Agency Deferral Perios--Pursuant to 
work-sharing agreements between EEOC and state and local agencies 
designated as fair employment practice agencies, the deferral for dual 
filed Title VII charges that OFCCP received will be waived.
    (3) Not Reasonable Cause Findings--If the OFCCP investigation of a 
dual filed complaint/charge results in a not reasonable cause finding 
under Title VII, OFCCP will issue a Title VII dismissal and notice of 
right-to-sue. OFCCP will close the Title VII component of the 
complaint/charge and promptly notify EEOC's Director, Office of Field 
Programs, of the closure.
    (4) Reasonable Cause Findings--
    (i) Successful Conciliation--If the OFCCP investigation of a dual 
filed complaint/charge results in a reasonable cause finding under 
Title VII, OFCCP will issue a reasonable cause finding under Title VII. 
OFCCP will attempt conciliation to obtain relief, consistent with 
EEOC's standards for remedies, for all aggrieved persons covered by the 
Title VII charge. If conciliation is successful, the conciliation 
agreement will state that the complaint/charging party agrees to waive 
the right to pursue the subject issues further under Title VII. OFCCP 
will close the Title VII component of the complaint/charge, and 
promptly notify EEOC's Director, Office of Field Programs, of the 
closure.
    (ii) Unsuccessful Conciliation--When conciliation is not 
successful, the Executive Order 11246 component of the complaint/charge 
will be considered for further OFCCP processing consistent with OFCCP's 
usual procedures. At the conclusion of OFCCP processing, OFCCP shall 
transmit the Title VII charge component to EEOC for any action EEOC 
deems appropriate. If EEOC declines to pursue further action, EEOC will 
close the Title VII charge and issue a notice of right-to-sue.
    (5) Issuance of Notice of Right-to-Sue Upon Request--Consistent 
with the Title VII procedures set forth at 29 CFR 1601.28, after 180 
days from the date the complaint/charge was filed, OFCCP shall promptly 
issue upon request a notice of right-to-sue on the Title VII component 
of a complaint/charge that it retains. Issuance of a notice of right-
to-sue shall terminate further OFCCP processing of the Title VII 
component of the complaint/charge unless it is determined at that time 
or at a later time that it would effectuate the purposes of Title VII 
to further process the Title VII component of the complaint/charge.
    (6) Subsequent Attempts to File an EEOC Charge Covering the Same 
Facts and Issues--If an individual who has already filed an OFCCP 
complaint/charge that is deemed dual filed under Title VII subsequently 
files a Title VII charge with EEOC covering the same facts and issues, 
EEOC will forward the charge to OFCCP for consolidated processing.
8. Confidentiality
    (a) When EEOC provides information to OFCCP, then the 
confidentiality requirements of sections 706(b) and 709(e) of Title VII 
of the Civil Rights Act of 1964 apply to that information. When OFCCP 
receives the same information from a source independent of EEOC, the 
preceding sentence does not preclude disclosure of the information 
received from the independent source. However, OFCCP will also observe 
any confidentiality requirements imposed on such information by the 
Trade Secrets Act or the Privacy Act.
    (b) When OFCCP obtains information from its receipt, investigation, 
and processing of the Title VII component of a dual filed charge, or 
when OFCCP creates documents that exclusively concern the Title VII 
component of a dual filed charge, OFCCP will observe any 
confidentiality requirements imposed on such information by the Trade 
Secrets Act, the Privacy Act, and sections 706(b) and 709(e) of Title 
VII of the Civil Rights Act of 1964.
    (c) Questions concerning confidentiality under Title VII shall be 
directed to EEOC's Deputy Legal Counsel for Legal Services, Office of 
Legal Counsel.
    (d) Questions concerning confidentiality under Executive Order 
11246, as amended, or 38 U.S.C. 4212 (Section 402 of VEVRAA) shall be 
directed to OFCCP, Director, Division of Program Operations.

Appendix: Memorandum of Understanding

    This Memorandum of Understanding (MOU) between the U.S. 
Department of Labor (DOL) and the Equal Employment Opportunity 
Commission (EEOC) is being

[[Page 17667]]

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 Employment Opportunity Act of 1972; of Executive Order 12067, 
43 FR 28967; and Section 6 of Reorganization Plan No. 1 of 1978 (43 
FR 19807). These objectives are to develop and implement agreements, 
policies and practices designed to maximize effort, promote 
efficiency, and eliminate conflict, completion, duplication and 
inconsistency among the operations, functions and jurisdictions of 
the parties to the MOU.
    The parties to this MOU agree as follows:
    1. The Office of Federal Contract Compliance Programs (OFCCP), 
Employment Standards Administration (ESA), DOL shall make available 
to the appropriate requesting official of the EEOC or his or her 
designee for inspection and copying and/or loan, any documents in 
its possession pertaining to the effective enforcement of 
administration of (a) Title VII of the Civil Rights Act of 1964, as 
amended; or (b) Reorganization Plan No. 1 of 1978 and Executive 
Order 12067. All documents will be made available within ten days of 
such request. Disclosure of such material by EEOC shall be in 
accordance with paragraph 5 of this Agreement. All transfers of 
information under this and other paragraphs of this MOU shall only 
be made where not otherwise prohibited by law.
    2. The EEOC shall make available to the appropriate requesting 
official of the OFCCP or his or her designee for inspection had 
copying and/or loan any documents pertaining the enforcement and 
administration of Executive Order 11246; 38 U.S.C. 4212 of the 
Vietnam Era Veterans' Readjustment Assistance Act of 1974; Section 
503 of the Rehabilitation Act of 1973; and Executive Order 12067. 
All documents in its possession (or to which it has access through a 
work-sharing agreement as described in paragraph 5(b) of this 
Agreement) will be made available within ten days of such request. 
Disclosure of such material by OFCCP shall be in accordance with 
paragraphs 5 and 8 of this Agreement.
    3. ``Appropriate Requesting Officials'' shall, for the purpose 
of this Agreement, include the following officials, or their 
successors, or their designees:
    (a) For the EEOC:
    1. The Chair
    2. The Executive Director
    3. The General Counsel
    4. Any Regional Attorney
    5. Any Assistant and Associate General Counsel
    6. Any District or Area Office Director
    7. The Legal Counsel
    8. Director, Office of Field Programs
    (b) For the DOL:
    1. The Secretary or Deputy Secretary of Labor
    2. The Solicitor of Labor
    3. Assistant Secretary for Employment Standards
    4. The Deputy Assistant Secretary or Deputy Director, OFCCP
    5. Associate Solicitor of Labor
    6. Any OFCCP Area Office Director
    7. Any Regional Solicitor of Labor
    8. Any OFCCP Division Director
    4. Requests directed to a headquarters office of one agency from 
a field office of the other shall first be forwarded through the 
headquarters of the requesting agency. Responses to all requests for 
informaiton shall be made to the official making such request, or 
his/her designee.
    5. (a) All requests by third parties for disclosure of 
information shall be coordinated with the agency which initially 
compiled or collected the information.
    (b) Subparagraph 5(a), above, is not applicable to requests for 
data in EEOC files made by any state or local agency designated as a 
706 agency with whom EEOC has a current charge resolution contract 
and a work-sharing agreement containing provisions required by 
Sections 706 and 709 of Title VII of the Civil Rights Act of 1964, 
as amended. Provided, however, that any such agency shall not 
disclose any of the information, initially compiled by OFCCP, to the 
public without express written approval by the Deputy Assistant 
secretary for OFCCP.
    6. EEOC and OFCCP shall establish procedures for notification 
and consultation at verious stages of their respective compliance 
activities in order to increase efficiency and ensure coordination 
and minimize duplication. Such procedures shall include:
    (a) Establishment of an ongoing Compliance Coordination 
Committee (CCC) which shall meet at least quarterly to review 
pending and future compliance plans, the schedule of establishments 
to be reviewed, potential Commissioner Charges, and potential 
litigation, and to take such other steps as may be appropriate to 
increase efficiency and eliminate competition and duplication. Such 
committees shall be established both in headquarters and in the 
field. At the conclusion of each quarterly meeting, each field CCC 
shall forward to the Director, Office of Field Programs, EEOC, and 
the Director, Division of Program Operations, OFCCP, a report of the 
rsults of such meeting.
    (b) Contact by each agency at the commencement of and during a 
field investigaiton or compliance review where appropriate to obtain 
information in the possession of the agency on the employer being 
investigated.
    (c) Notification to OFCCP, in appropriate instances, when EEOC 
has made a finding of cause and has determined that attempts at 
conciliation are unsuccessful and that no lawsuit will be filed by 
EEOC.
    (d) Consulation with the appropriate field office of OFCCP when 
an EEOC field office is contemplating recommending a Commissioner 
Charge or litigation, and coordination of its activities.
    (e) Consultation with the appropriate field office of EEOC when 
an OFCCP Regional Office is contemplating recommending the issuance 
of an administrative complaint and coordination of its activities.
    7. Processing of Complaints Filed with OFCCP.
    (a) Dual-Filed Complaints/Charges--Complaints of employment 
discrimination filed with OFCCP under Executive Order 11246 will be 
considered charges simultaneously filed under Title VII whenever the 
complaints also fall within the jurisdiction of Title VII. For the 
purpose of determining the timeliness of such a charge, which will 
be considered dual filed under this paragraph, the date the matter 
was received by OFCCP shall be deemed to be the date it was received 
by EEOC.
    (b) Systemic or Class Allegations--OFCCP will retain, 
investigate, and resolve allegations of discrimination of a systemic 
or class nature on the basis of race, color, religion, sex, or 
national origin, over which it has jurisdiction. OFCCP shall 
promptly notify EEOC's Director, Office of Field Programs, of 
OFCCP's receipt of complaints/charges that include such allegations, 
by forwarding a copy of the complaint/charge (and third party 
certificate, if any). In addition, OFCCP shall make available to 
EEOC, upon request, information obtained in the investigation and 
processing of such allegations, pursuant to paragraphs 1 and 6(b) 
herein. In appropriate cases, EEOC may request that it be referred 
systemic or class allegations under Title VII so as to avoid 
duplication and assure effective law enforcement.
    (c) Individual Allegations--OFCCP will refer to the appropriate 
EEOC field office allegations of discrimination of an individual 
nature on the basis of race, color, religion, sex, or national 
origin in dual filed complaints/charges. In appropriate cases, OFCCP 
may request that it retain such allegations so as to avoid 
duplication and assure effective law enforcement.
    (d) Appointment of OFCCP as EEOC's Agent--OFCCP will act as 
EEOC's agent for the purposes of receiving, investigating, and 
processing the Title VII component of complaints/charges that it 
retains under this paragraph. OFCCP shall investigate and process 
such dual filed complaints/charges as set for in this subparagraph, 
and in a manner consistent with Title VII principles on liability 
and damages.
    (1) Notice of Receipt of complaint/charge--Within ten days of 
receipt of the complaint/charge, OFCCP shall notify the contractor/
respondent that it has received a charge of employment 
discrimination under Executive Order 11246 and Title VII. This 
notification shall state the date, place, and circumstances of the 
alleged unlawful employment practice(s).
    (2) Fair Employment Practice Agency Deferral Period--Pursuant to 
work-sharing agreements between EEOC and state and local agencies 
designated as fair employment practice agencies, the deferral period 
for dual filed Title VII charges that OFCCP receives will be waived.
    (3) Not Reasonable Cause Findings--If the OFCCP investigation of 
a dual filed complaint/charge results in a not reasonable cause 
finding under Title VII, OFCCP will issue a Title VII dismissal and 
notice of right-to-sue. OFCCP will close the Title VII component of 
the complaint/charge and promptly notify EEOC's Director, Office of 
Field Programs, of the closure.
    (4) Reasonable Cause Findings--
    (i) Successful Conciliation--If the OFCCP investigation of a 
dual filed complaint/charge results in a reasonable cause finding 
under Title VII, OFCCP will issue a reasonable cause finding under 
Title VII. OFCCP will attempt conciliation to obtain relief, 
consistent with EEOC's standards for

[[Page 17668]]

remedies, for all aggrieved persons covered by the Title VII charge. 
If conciliation is successful, the conciliation agreement will state 
that the complainant/charging party agrees to waive the right to 
pursue the subject issues further under Title VII. OFCCP will close 
the Title VII component of the compliant/charge, and promptly notify 
EEOC's Director, Office of Field Programs, of the closure.
    (ii) Unsuccessful Conciliation--When conciliation is not 
successful, the Executive Order 11246 component of the compliant/
charge will be considered for further OFCCP processing consistent 
with OFCCP's usual procedures. At the conclusion of OFCCP 
processing, OFCCP shall transmit the Title VII charge component to 
EEOC for any action EEOC deems appropriate. If EEOC declines to 
pursue further action, EEOC will close the Title VII charge and 
issue a notice of right-to-sue.
    (5) Issuance of Notice of Right-to-Sue Upon Request--Consistent 
with the Title VII procedures set froth at 29 CFR 1601.28, after 180 
days from the date the complaint/charge was filed, OFCCP shall 
promptly issue upon request a notice of right-to-sue on the Title 
VII component of a compliant/charge that it retains. Issuance of a 
notice of right-to-sue shall terminate further OFCCP processing of 
the Title VII component of the complaint/charge unless it is 
determined at that time or at a later time that it would effectuate 
the purposes of Title VII to further process the Title VII component 
of the compliant/charge.
    (6) Subsequent Attempts to File an EEOC Charge Covering the Same 
Facts and Issues--If an individual who has already filed an OFCCP 
complaint/charge that is deemed dual filed under Title VII 
subsequently files a Title VII charge with EEOC covering the same 
facts and issues, EEOC will forward the charge to OFCCP for 
consolidated processing.
    8. Confidentiality.
    (a) When EEOC provides information to OFCCP, then the 
confidentiality requirements of sections 706(b) and 709(e) of Title 
VII of the Civil Rights Act of 1964 apply to that information. When 
OFCCP receives the same information from a source independent of 
EEOC, the preceding sentence does not preclude disclosure of the 
information received from the independent source. However, OFCCP 
will also observe any confidentiality requirements imposed on such 
information by the Trade Secrets Act or the Privacy Act.
    (b) When OFCCP obtains information from its receipt, 
investigation, and processing of the Title VII component of a dual 
filed charge, or when OFCCP creates documents that exclusively 
concern the Title VII component of a dual filed charge, OFCCP will 
observe any confidentiality requirements imposed on such information 
by the Trade Secrets Act, the Privacy Act, and sections 706(b) and 
709(e) of the Civil Rights Act of 1964.
    (c) Questions concerning confidentiality under Title VII shall 
be directed to EEOC's Deputy Legal Counsel for Legal Services, 
Office of Legal Counsel.
    (d) Questions concerning confidentiality under Executive Order 
11246, as amended, or 38 U.S.C. 4212 (Section 402 of VEVRAA) shall 
be directed to OFCCP, Director, Division of Program Operations.
    9. OFCCP and EEOC seek to ensure consistent compliance and 
enforcement standards and procedures that will facilitate 
consistency of compliance determinations. The agencies also seek to 
make the most efficient use of their available resources through 
coordination. Accordingly, the CCC shall advise in the development 
of standards and procedures for both agencies, including, but not 
limited to:
     Criteria and mechanisms for selecting industries and 
organizations for review and investigation;
     Procedures for routine access to and exchanges of 
electronic data bases, including, but not limited to, lists of 
proposed and completed compliance reviews, systemic, ELI and 
individual cases and conciliation agreements and settlements;
     Consistent analytical approaches to identifying and 
defining employment discrimination and determining appropriate 
remedies;
     Uniform training programs and training materials;
     Joint Policy statements;
     Procedures for coordinated collection, sharing and 
analysis of data;
     Joint projects to develop consistent definitions and to 
share expertise, foster consistency, and reduce duplicative efforts 
in such areas as: analysis of employee selection procedures, labor 
market availability and use of employment statistics;
     Procedures to be utilized in obtaining compliance with 
OFCCP or EEOC requests for data and information, pursuant to 
investigations under either Title VII or Executive Order 11246.
    10. EEOC and OFCCP shall conduct periodic reviews of the 
implementation of this agreement, on an ongoing basis.

[FR Doc. 99-9065 Filed 4-9-99; 8:45 am]
BILLING CODE 6570-01-M and 4510-27-M