Recent updates to the OFCCP's Memorandum of Understanding ("MOU") with the Equal Employment Opportunity Commission ("EEOC"), signed in November 2011, involve increased cooperation between the EEOC and OFCCP. Among other items the agencies have agreed to:
Share Information:
According to the MOU, the OFCCP and EEOC will share "any information relating to the employment policies and/or practices of employers holding government contracts or subcontracts that support the mandates of each agency as well as their joint enforcement efforts." Examples of the type of information that will be shared between the agencies include, but are not limited to:
- affirmative action programs
- employment reports
- complaints and charges of discrimination
- investigative file; and,
- compliance evaluation reports and files.
Establish Standard Notice and Consultation Procedures:
These procedures, which are designed to increase efficiency, ensure coordination, and minimize duplication, include the following:
- Contact by each agency at the start of and during an EEOC field investigation or OFCCP compliance evaluation to obtain information in the possession of the other agency about the employer being investigated;
- Notification of the OFCCP when the EEOC has made a finding of cause, has determined that conciliation will not be successful, decides not to file a lawsuit, and learns or believes that the employer is a federal contractor; and
- Consultation with the other agency when either agency is considering recommending a complaint or litigation against the employer/federal contractor.
THOMAS HOUSTON associates, inc. can assist you in meeting the challenges that will arise as a result of the upcoming OFCCP's regulatory efforts. We offer pro-active and proven compliance tools and methods.
For information on the affirmative action services offered by THOMAS HOUSTON associates, inc., call (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.
This information is intended to be educational and should not be considered legal advice on any specific matter.
