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EEOC Coordination Authority for Federal Government and Private Sector Equal Employment Opportunity Programs

The EEOC exercises its coordination authority with respect to the federal government and the private sector, as well as state and local governments. The goal of EEOC’s coordination efforts is to enhance the uniformity and consistency of workplace antidiscrimination efforts.

The EEOC assumed its responsibilities for government-wide coordination of workplace discrimination laws in 1979, with the issuance of Executive Order 12067. Since that time, the EEOC has assumed additional equal employment opportunity (EEO) coordination responsibilities, under other federal EEO laws, such as the ADA, and executive orders. The EEOC’s coordination efforts help ensure clarity and consistency in the federal government’s efforts to combat workplace discrimination.

EEOC’s Federal Sector Coordination Efforts

Issuance of Regulations, Guidance, and Other Materials Establishing Uniform Standards and Procedures

The EEOC issues regulations and other documents to ensure uniform federal sector application of the EEO laws, by federal agencies regarding their own employees. The primary regulation setting forth the federal sector EEO process is 29 CFR 1614 on Federal Sector Equal Employment Opportunity.

The EEOC also issues documents to advance federal agency EEO coordination, such as management directives, reports, and technical assistance. For example, EEOC Management Directive 110 details broad federal agency EEO program responsibilities. In another example, an EEOC policy guidance document clarifies federal agency requirements for the reasonable accommodation process and requires agencies to submit reasonable accommodation plans for EEOC review, as required by Executive Order 13164.

Review of EEO-Related Federal Agency Documents

To ensure uniform standards, guidelines, and policies, federal agencies and departments that are developing certain EEO-related documents must consult with the EEOC during the development process on an informal or formal basis. For formal submissions, the EEOC must provide comments on those materials.

Federal Training, Technical Assistance, and Outreach

The EEOC provides training, outreach and educational programs, as well as technical assistance, to help federal employers, employees, and stakeholder groups understand and prevent discrimination. The EEOC recognizes that discrimination can be averted if federal agencies and their employees understand their legal responsibilities and rights. Therefore, the EEOC provides a robust calendar of training opportunities for federal agency staff through no-cost federal outreach, the EEOC Education Consortium, and the EEOC Training Institute. The EEOC also provides resources for federal agencies, including reports, decision summaries, and relevant articles. Some of the EEOC’s technical assistance materials include EEOC’s federal sector overview page for federal employees and job applicants, as well as resources explaining the federal sector EEO complaint process.

Federal Agency EEO Record-Keeping and Reporting Requirements

The EEOC’s coordination role includes establishing and maintaining uniform record-keeping requirements, such as those set forth in EEOC Management Directive 715, and the preparation of Federal Sector Reports on EEO practices, including an "Annual Report on the Federal Work Force." Agencies submit information about their EEO programs to the EEOC by using the Federal Sector EEO Portal (FedSEP). Further, under the "Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002" (also known as the "No FEAR Act"), federal agencies annually post on their own websites and provide the EEOC with data on the employment discrimination cases filed against them and how the cases were resolved (such as through monetary awards or employee discipline).

Memoranda of Understanding (MOUs) with Federal Agencies

Where the EEOC and another federal agency share enforcement authority, the EEOC has established MOUs addressing charge referrals, information sharing, data collection, and other issues, in order to promote efficiency and consistency.

For Further Information About EEOC’s Federal Sector Coordination Efforts

Federal Agencies

Federal agencies interested in having their staff receive EEOC training can contact the EEOC Training Institute. The EEOC's Office of Federal Operations (OFO) serves as the primary contact with federal agencies for any other coordination matters. Federal agencies can reach OFO by email at: EEOC.traininginstitute@EEOC.gov or by telephone at 1-866-446-0940 (Toll-Free) or 703-291-0880, or at 1-800-669-6820 (TTY). Interested agencies also can submit a request for EEOC training or outreach.

Federal Job Applicants or Employees

If you are an applicant for a federal job or a federal employee and believe that you have been the victim of discrimination, you should contact an EEO counselor at your agency within 45 days of any possible discrimination. For your convenience, the EEOC maintains a list of federal agency EEO directors.

EEOC’s Coordination Efforts with the Private Sector and State and Local Governments

To ensure that laws prohibiting employment discrimination in the private sector, as well as state and local governments, are enforced consistently and uniformly, the EEOC leads government-wide EEO efforts and coordinates with other federal agencies with equal employment responsibilities.

Issuance of Regulations, Guidance, and Other Materials Establishing Uniform Standards and Procedures

The EEOC issues regulations, guidance, and other documents to ensure uniform application of the EEO laws. The EEOC’s regulations for each of the EEO laws it enforces are available on its regulations landing page. In addition, the EEOC regulations spell out how agencies can coordinate on EEO matters regarding non-federal agency employers, including:

  • 29 CFR 1691: Coordination procedures for federal agencies for complaints or charges filed against recipients of federal financial assistance;
  • 29 CFR 1640: Coordination procedures for federal agencies for complaints or charges based on disability subject to both the ADA and Section 504 against recipients of federal financial assistance; and
  • 29 CFR 1641: Coordination procedures for EEOC and OFCCP for complaints or charges based on disability against employers holding government contracts or subcontracts.

Review of EEO-Related Federal Agency Documents

When federal agencies with equal employment responsibilities prepare draft regulations, guidance, technical assistance, or other EEO materials, they must submit an early draft of those materials to the EEOC for review, so that the EEOC can ensure that the interpretations of the workplace discrimination laws are appropriately consistent and uniform. The process for EEOC review of agencies’ or departments’ EEO-related documents is detailed in 29 CFR 1690, a regulation titled “Procedures on Interagency Coordination of Equal Employment Opportunity Issuances.” 

Training, Technical Assistance, and Outreach

The EEOC provides outreach and education, and technical assistance materials, including webpages about each type of discrimination that the EEOC addresses.

Memoranda of Understanding (MOUs)

Where the EEOC and another federal agency share enforcement authority, the EEOC has established MOUs addressing charge referral, information sharing, data collection, and other issues in order to promote efficiency and consistency.

 

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