The Equal Employment Opportunity Commission and DOL’s Office of Federal Contract Compliance Programs signed a new Memorandum of Understanding (MOU) December 17, 2024, outlining how they will share information and process discrimination charges and complaints. Before doing so, the agencies rescinded a similar 2020 MOU that included the Department of Justice.
The EEOC enforces Title VII of the 1964 Civil Rights Act, and OFCCP enforces Executive Order 11246. Both Title VII and the E.O. prohibit discrimination based on race, color, religion, sex, and national origin.
The new MOU enables any EEOC Commissioner to request information from OFCCP and more clearly allows information obtained through the MOU to be used only for enforcing E.O. 11246 and Title VII.
While the agencies have not explained their adoption of a new MOU, the context suggests that the Biden Administration is concerned about how the incoming Trump Administration might have used some of the former MOU’s provisions. Dropping DOJ as a party and limiting the use of shared information appear designed to more strictly control the information that may be exchanged under the MOU.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.