[Federal Register Volume 64, Number 69 (Monday, April 12, 1999)]
[Notices]
[Pages 17668-17669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9066]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Department of Labor


Coordination of Functions; Memorandum of Understanding

AGENCY: 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), Employment Standards Administration (ESA) 
have adopted a Memorandum of Understanding to maximize the 
effectiveness of the laws they enforce that prohibit unlawful 
compensation discrimination.

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

SUPPLEMENTARY INFORMATION: The Memorandum of Understanding will enhance 
enforcement of the federal laws prohibiting compensation 
discrimination, which are enforced by the EEOC and by the SOL's ESA. 
The agreement will reduce duplication of effort and result in increased 
enforcement activity on the issue of compensation discrimination 
through training of ESA personnel, and through sharing of information 
and data concerning potential issues of compensation discrimination.
    EEOC enforces the Equal Pay Act of 1963 (EPA) and Title VII of the 
Civil Rights Act of 1964, which prohibit pay discrimination on the 
basis of sex. ESA's Office of Federal Contract Compliance Programs 
(OFCCP) enforces nondiscrimination requirements that apply to federal 
government contractors, primarily Executive Order 11246, and include 
prohibitions against discrimination in compensation. ESA's Wage and 
Hour Division enforces federal standards for wages and hours of work.
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.

MEMORANDUM OF UNDERSTANDING BETWEEN THE EMPLOYMENT STANDARDS 
ADMINISTRATION AND THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

I. Background and Purpose

    The purpose of this Memorandum of Understanding (MOU) is to 
maximize the effectiveness of those laws enforced by the Employment 
Standards Administration (ESA) and the Equal Employment Opportunity 
Commission (EEOC) which prohibit unlawful compensation discrimination, 
and other unlawful compensation practices.
    Historically, EEOC and ESA have maintained excellent working 
relationships in areas of mutual law

[[Page 17669]]

enforcement interest. EEOC enforces Title VII of the Civil Rights Act 
of 1964, and the Equal Pay Act of 1963, among other equal employment 
opportunity laws. The ESA Office of Federal Contract Compliance 
Programs (OFCCP) enforces Executive Order 11246, as amended, and other 
contract-based equal employment opportunity laws. The ESA Wage and Hour 
Division (WHD) enforces the Fair Labor Standards Act, the Family and 
Medical Leave Act (FMLA) and other laws establishing minimum wage and 
labor standards.
    The agreement will enhance enforcement efforts to prohibit 
compensation discrimination and reduce duplication of effort. It will 
also result in increased enforcement activity on the issue of 
compensation discrimination through the training of ESA personnel, and 
through the sharing of information and data.

II. Agency Authorities and Responsibilities

Employment Standards Administration

    Office of Federal Contract Compliance Programs: Executive Order 
11246, as amended, and its implementing regulations, prohibit covered 
federal contractors from disciminating in employment on the basis of 
race, color, sex, religion, or national origin, and require them to 
take affirmative action to ensure that equal opportunity is provided in 
all aspects of employment, including compensation.

Wage and Hour Division

    The Fair Labor Standards Act of 1938 (FLSA) establishes minimum 
federal standards for wages and hours of work. The Family and Medical 
Leave Act (FMLA) provides certain employees with up to 12 weeks of 
unpaid job-protected leave a year for qualifying family leave reasons.

EEOC

    The Equal Pay Act of 1963 prohibits employers from paying employees 
at a rate less than employees of the opposite sex at the same 
establishment ``for equal work on jobs the performance of which 
requires equal skill, effort, and responsibility, and which are 
performed under similar working conditions . . . 29 U.S.C. 206(d)(1). 
Title VII of the Civil Rights Act of 1964 protects individuals from 
employment discrimination based on sex, race, color, religion, and 
national origin.

III. Provisions

Training

    Consistent with available resources, EEOC and ESA will develop and 
provide training to assist WHD enforcement staff in recognizing 
potential compensation discrimination. EEOC and ESA will determine the 
exact nature of the training, as well as costs and payment 
responsibilities, by consensus.

Transfer of Information

    When, in the course of its enforcement activities, or through other 
sources, WHD learns of a potential issue of compensation 
discrimination, the WHD may, to the extent authorized by law, provide 
such information to OFCCP for a determination of the employer's 
contract status and for appropriate action. If OFCCP determines that 
the employer is not a federal contractor, but may be covered by the 
Equal Pay Act or Title VII, OFCCP may, to the extent authorized by law, 
provide the information to EEOC.
    When in the course of its activities, OFCCP identifies potential 
issues of compensation discrimination, OFCCP may, to the extent 
authorized by law, share such information, as appropriate, with EEOC, 
as well as any other information that will enhance the effectiveness of 
the EEOC as an enforcement agency.
    Likewise, when, in the course of its enforcement activities, EEOC 
identifies potential issues of compensation discrimination, EEOC may, 
to the extent authorized by law, share such information, as 
appropriate, with OFCP, as well as any other information that will 
enhance the effectiveness of the Employment Standards Administration's 
OFCCP and WHD as enforcement agencies or programs.
    Exchanges of information will, generally, include any supporting 
documentation gathered during contact with employers, potential 
complainants, or other sources of information. The agency receiving 
information has the responsibility to ensure that any disclosures of 
the information are in conformance with all provisions of law that 
apply to the employees of the originating agency, including Section 
706(b) and Section 709(e) of Title VII of the Civil Rights Act of 1964. 
The agency receiving the information is also bound to take all 
appropriate steps to assure that the information is protected from 
unauthorized disclosure or use.
    ESA and EEOC will provide each other with semi-annual reports of 
actions taken on compensation discrimination referrals provided 
pursuant to this MOU. OFCCP and EEOC headquarters staff will meet 
periodically to coordinate enforcement on questions relating to 
compensation discrimination.

IV. Agreement

    The provisions of this Memorandum of Understanding may be reviewed 
and jointly modified as appropriate when it is determined by ESA and 
EEOC that such review and modification is in the interest of their 
respective enforcement responsibilities.

[FR Doc. 99-9066 Filed 4-9-99; 8:45 am]
BILLING CODE 6570-01-M; 4510-27-M