On September 13, 2023, the United States Department of Labor’s (DOL) Wage and Hour Division (WHD) and the U.S. Equal Employment Opportunity Commission (EEOC) entered a Memorandum of Understanding (MOU) to work together to enforce federal laws and regulations that advance equal employment opportunity and fair pay. The MOU outlines procedures for the agencies to increase their coordination in information sharing, joint investigations, training, and outreach efforts.
I. Information Sharing
The MOU allows the agencies to consolidate and share information on issues ranging from equal pay to anti-bias laws. The WHD and EEOC may share any information or data obtained during an investigation that supports the agencies’ enforcement activities to the extent permitted by law. The information that may be shared includes complaint referrals and other information in complaint or investigative files relating to violations of laws enforced by the WED and EEOC, reports that are filed or produced by employers such as EEO-1 Reports or FLSA records, and statistical analyses or summaries.
Information sharing under the MOU will comply with applicable laws, including the Privacy Act of 1974, the Freedom of Information Act (FOIA), and the Federal Records Act.
II. Coordinated Investigations and Enforcement
During an investigation, if WHD or EEOC personnel believe that there was conduct that occurred that the other agency deems unlawful, the investigating agency will advise the filing party or potential complainant that they can file a charge or complaint with the other agency.
Where appropriate, the WHD and EEOC will conduct coordinated investigations of matters that arise within both agencies’ jurisdictions.
Where the WHD finds a violation, and the EEOC finds reasonable cause, the agencies will also decide whether one agency should hold a matter in abeyance to consider which statute would be most feasible to proceed under.
For more information assistance, contact your EEOC certified investigator at TERG®: [email protected]
TERG® Disclaimer: This is for informational purposes only and is not intended to be legal advice. Your Company and employees may have a unique set of circumstances that require reviewing for risk analysis. Don’t hesitate to get in touch with us for assistance in assessing your Company’s risk. This information is subject to change without notice, please contact us for updates.