Memorandum of Understanding Between the United States of America Equal Employment Opportunity Commission, and the Ministry of Foreign Affairs of the Republic of Guatemala

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The United States of America Equal Employment Opportunity Commission (EEOC) and the Ministry of Foreign Affairs of the Republic of Guatemala, hereinafter referred to collectively as “the Participants,”

Recognizing the Participants’ desire to further improve compliance with, and awareness of, employment laws and regulations applicable to all Guatemalan nationals in the United States of America; and

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

Have reached the following understandings:

1. Overall Objective

   The Participants intend to maintain a collaborative relationship to provide Guatemalan  nationals in the United States of America with information, guidance, and access to education and training resources to help them understand and exercise their employment rights, particularly with regard to reducing violations against them under the laws and regulations that are administered and enforced by the EEOC, including Title VII of the Civil Rights Act of 1964 (Title VII-CRA), as amended; the Pregnancy Discrimination Act of 1978 (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 Non-discrimination Act of 2008 (GINA).

2. Training and Education

   The Participants intend to work together to achieve the following training and education goals:

   • Launch outreach efforts aimed at making Guatemalan nationals in the United States of America aware of applicable employment laws and regulations.
   • Monitor, review, evaluate, and modify these outreach efforts, on an annual basis, as set forth in this Memorandum of Understanding (MOU), so that Guatemalan nationals in the United States of America are aware of employment 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 Guatemalan Consulates in the United States of America 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 to provide training and information for Guatemalan nationals and employers in the United States of America involving topics that fall under the anti-discrimination laws and regulations enforced by the EEOC.
      
3. Outreach and Communication

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

   • Conduct informational forums, meetings, presentations and/or training sessions, as needed. A representative of each Participant is expected to attend the outreach events.
   • Publicize this MOU through local and international media as resources permit.
   • Set up a system whereby the EEOC can seek assistance to locate Guatemalan nationals who have returned to Guatemala and are owed monetary compensation that EEOC has collected from the responsible organizations. EEOC intends to facilitate this contact by providing the Guatemalan Consulates in the United States of America with the name, date of birth, and any other relevant information concerning these workers. When contact is made, EEOC intends to coordinate with the Guatemalan Consulates in the United States of America the delivery of the monetary compensation directly to the Guatemalan workers or former workers.
   • Disseminate educational materials, provided by EEOC to the Guatemalan Consulates, among constituents within the relevant consular jurisdictions.
      
4. 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 when the Participants address groups from the Guatemalan community in the United States of America.
   • Convene or participate in forums, round table discussions, webinars or stakeholder meetings on issues affecting Guatemalan nationals in the United States of America to help forge innovative solutions on issues concerning employment discrimination and equal employment opportunity, and other employment issues, and understanding of worker rights and employer responsibilities.
   • Share information on United States of America equal employment opportunity laws and regulations, including those related to worker rights, employer responsibilities, and labor exploitation.
      
5. General Provisions

Participants intend to meet periodically to develop a plan of action, to mutually determine working procedures, and to identify the roles and intended responsibilities of the Participants. EEOC intends to designate points of contact in its district and field offices for referrals from the Guatemalan Consulates in the United States of America.  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.

This MOU may commence upon signature of both Participants and is intended to continue for three (3) years. This MOU supersedes local arrangements between EEOC district and field offices and the Guatemalan Consulates in particular localities if, and only to the extent that, there are conflicts between such local arrangements and this MOU. This MOU may be modified in writing at any time by mutual decision of the Participants. Either Participant may discontinue its participation in this MOU and is expected to provide thirty (30) days advanced written notice to the other participant of its intent to discontinue its participation. 

Signed at Washington, on this tenth day of May of 2022, in duplicate, in the English and Spanish languages.