Memorandum of Understanding Between the U.S. Equal Employment Opportunity Commission, and the Ministry for Foreign Affairs and Human Mobility of Ecuador

The U.S. Equal Employment Opportunity Commission (EEOC) and the Ministry of Foreign Affairs and Human Mobility of Ecuador through its Embassy in the United States hereinafter referred to collectively as “the Participants”;

Recognizing the joint commitment to compliance and awareness of workplace laws and regulations applicable to Ecuadorian nationals in the United States of America;

Recognizing the need for maintaining cooperative relationships for purposes such as training and education, outreach and communication and promoting a dialogue on compliance with laws and regulations enforced by the EEOC;

Intend to seek achievement of the following:

Overall Objective

The Participants intend to establish a collaborative relationship that aims to provide Ecuadorian  nationals in the United States information, guidance, and access to education and training resources to help them exercise their workplace rights, with the view to protect their civil rights, particularly with regard to reducing violations of the laws and regulations administered and enforced by the EEOC related to employment discrimination and equal employment opportunity, and to help them understand the rights of workers and the responsibilities of employers under Title VII of the Civil Rights Act of 1964 (Title VII-CRA), as amended; the Pregnancy Discrimination Act (PDA); the Equal Pay Act of 1963 (EPA); the Age Discrimination in Employment Act of 1967 (ADEA), as amended; Title I of the Americans with Disabilities Act of 1990 (ADA), as amended; and the Genetic Information Nondiscrimination Act of 2008 (GINA).

Training and Education

The Participants intend to work together to seek achievement of the following training and education goals:

• Launch an educational program (hereinafter referred to as “the Program”) aimed at making Ecuadorian nationals in the United States aware of applicable workplace laws and regulations administered and controlled by the EEOC.
• Monitor, review, evaluate, and modify the Program as needed, through the terms of this Memorandum of Understanding, with the goal of ensuring that Ecuadorian nationals in the United States are well aware of workplace rights and responsibilities.
• Provide for training by the EEOC on the application and enforcement of the statutes and regulations administered and enforced by the EEOC to staff at the Ecuadorian Consulates in the United States to enable them to understand the laws and jurisdictional requirements and, ultimately, to make the correct referrals of potential claims to the EEOC.
• Develop additional appropriate educational materials as needed.
• Arrange for an EEOC representative to attend and participate in appropriate forums held for Ecuadorian nationals and employers involving topics under the jurisdiction of the EEOC.

Outreach and Communication

The Participants intend to work together to achieve the following outreach and communication goals:

• Conduct informational forums at the Ecuadorian Consulates in the United States during the first year of the Program. A representative of each Participant is expected to attend the forums.
• Publicize this MOU and all relevant information regarding the Program through local and international media as resources permit.
• Provide educational materials to the Ecuadorian Consulates in the United States for distribution. The EEOC intends to provide these materials.
• Provide the Ecuadorian Consulates in the United States with an EEOC contact person to coordinate implementation of this MOU.
• Set up a system whereby, when Ecuadorian nationals who have returned to Ecuador and are owed monetary compensation that the EEOC has collected from the responsible employers, the EEOC can seek assistance to locate the national through the Ecuadorian Consulates in the United States. The EEOC intends to facilitate this contact by providing the Ecuadorian Consulates in the United States with the name, date of birth and any other relevant information concerning these workers. When contact is made, the EEOC intends to direct to the Ecuadorian Consulates in the United States the corresponding checks issued by the responsible employers made out to the workers.  Arrangements for the delivery of the checks to the workers could be coordinated with the Ecuadorian Consulates in the United States and Ministry of Foreign Affairs and Human Mobility.
• Disseminate compliance and educational materials to the Ecuadorian Consulates’ constituency in the United States.

Promotion of a Dialogue

The Participants intend to work together to achieve the following goals related to promoting a dialogue on employment discrimination and equal employment opportunity:

• Raise awareness of and demonstrate commitment with respect to equal employment opportunity and workers’ rights whenever the Participants address groups from the Ecuadorian community in the United States.
• Convene or participate in forums, round table discussions, or stakeholder meetings on issues affecting Ecuadorian nationals in the United States to help forge innovative solutions on issues concerning employment discrimination and equal employment opportunity, and other employment issues, and understanding of workers’ rights and employer responsibilities.
• Share information on U.S. equal employment opportunity laws and regulations, including those related to workers’ rights, employer responsibilities and labor exploitation.

An implementation team made up of representatives of each Participant intends to meet to develop a plan of action, mutually determine working procedures, and identify the roles and intended responsibilities of the Participants. The EEOC intends to designate a point of contact for its district and field offices for referrals from the Ecuadorian Consulates in the United States. In addition, the Participants intend to meet each year to track and share information on activities and results in achieving the goals of this MOU.

Final Provisions

The duration of this MOU is to be three (3) years from the date of signature. In case of conflicts with existing arrangements between EEOC districts and field offices and the Ecuadorian Consulates in particular localities, this MOU is expected to prevail. This MOU may be modified in writing at any time by mutual consent of the Participants. Either Participant may discontinue its participation under this MOU and is expected to provide thirty (30) days’ advanced written notice of its intent to discontinue its participation.

Signed in duplicate at Washington, D.C., this 7th day of February 2019, in the English and Spanish languages.