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  3. Memorandum of Understanding Between the U.S. Equal Employment Opportunity Commission and the ______ Nation/Tribe

Memorandum of Understanding Between the U.S. Equal Employment Opportunity Commission and the ______ Nation/Tribe

MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND THE ______ NATION/TRIBE

This Memorandum of Understanding (MOU) is between the U.S. Equal Employment Opportunity Commission (EEOC) and the __________ Nation/ Tribe (Tribe).

WHEREAS:

The Tribe has enacted an ordinance prohibiting employment discrimination based on [race*, color, national origin, gender, religion, disability, age, and genetic information] that applies to all employers subject to the Tribe's jurisdiction, including the Tribal government and tribal enterprises, and the Tribe has established a Tribal Employment Rights Office (TERO) with powers and resources to enforce the Tribe's ordinance prohibiting employment discrimination; and

EEOC and the ____ Tribe both have responsibility for enforcing statutes and ordinances prohibiting employment discrimination based on [race, color, national origin, gender, religion, disability, age, and genetic information]; and

The respective jurisdictions of EEOC and the Tribe to enforce their statutes and ordinances against employers located within the exterior boundaries of the ___ Reservation overlap, such that effective and comprehensive enforcement of the prohibitions against employment discrimination will best be achieved by cooperation between EEOC and the Tribe; and

It is the desire of EEOC and the Tribe to work together cooperatively in order to maximize the enforcement of the prohibitions against employment discrimination regarding all employers.

  • It is understood that the term "race" is subject to the exception for Indian preference provided at Section 703(i).

THEREFORE EEOC AND THE ____________TRIBE DO HEREBY ENTER INTO THE FOLLOWING MEMORANDUM OF UNDERSTANDING:

  1. CHARGE PROCESSING
    1. Charges Filed with EEOC or With Both EEOC and the TERO Over Which EEOC Has Jurisdiction
      1. If a charge, other than a charge where further investigation will probably result in a finding that reasonable cause exists to believe the charge is true (commonly referred to by EEOC as an "A charge"), is filed by an Indian with EEOC alleging activity involving employment within the exterior boundaries of the ___ Reservation that, if true, would violate the TERO ordinance and the laws enforced by EEOC, then the relevant EEOC Director, upon obtaining the written consent of the charging party, shall send a copy of the charge to the TERO and provide the TERO 60 days in which to attempt to settle (resolve through agreement) the charge. EEOC shall, as resources permit, provide appropriate assistance and support to the TERO during this 60 day period.
      2. If, prior to the end of the 60 day period, the TERO has settled the charge, it shall immediately provide EEOC with a copy of the settlement agreement for review.
      3. If, at the end of the 60 day period, the TERO has been unable to settle the charge, and if the charge was filed only with EEOC, the TERO shall return the charge to EEOC which shall process the charge through its regular charge processing procedures.
      4. If, at the end of the 60 day period, the TERO has been unable to settle the charge, and the charge was also filed with the TERO by an individual claiming to be aggrieved, EEOC will postpone processing the charge for a reasonable period of time while the TERO processes the charge in accordance with the procedures contained in the ordinance. Upon completion of the TERO process, the TERO will submit the charge file to EEOC for review. If the TERO finds cause on the charge, it will coordinate informal settlement discussions with EEOC.
      5. At all times EEOC shall have a right to review all materials in the TERO file on a charge referred to it by EEOC.
      6. Upon request, the individual filing the charge is entitled to receive a Notice of Right to Sue from the EEOC after 180 days following the filing of the charge.
      7. Nothing in this MOU shall prevent the TERO from filing a charge under the Tribe's ordinance, either on the TERO's own behalf or on behalf of a person claiming to be aggrieved, pursuant to the TERO's authority to file such a charge.
    2. Charges Against Employers Over Which EEOC Does Not Have Jurisdiction
      1. If EEOC receives a charge against an employer over which EEOC determines that it does not have jurisdiction, but over which the TERO might have jurisdiction, EEOC shall advise the charging party of the TERO 's ordinance and, with the consent of the charging party, refer the charge to the TERO.
      2. The TERO shall proceed in evaluating and acting on the charge pursuant to its procedures. Nothing in this MOU obligates the TERO to process a charge referred by EEOC under section B.
    3. Miscellaneous
      1. EEOC and the TERO agree to treat all information exchanged in accordance with this MOU with the same confidentiality and privacy protections that the agency providing the data is required to provide. EEOC and the TERO will enter into a separate confidentiality agreement.
      2. If the TERO receives information about an employer over which EEOC has jurisdiction, and which the TERO has reason to believe may be engaging in systemic employment discrimination on or off of the Reservation, or if the TERO is aware that EEOC is pursuing a systemic charge against that employer, the TERO shall provide EEOC with all relevant information regarding the charge. Provided that, nothing in this MOU shall prohibit the TERO from independently pursuing a charge against said employer.
  2. TRAINING, ASSISTANCE, AND REPORTING
    1. Training
      1. The Tribe agrees to participate in a training program to be provided by EEOC for Tribes that have entered into MOUs with EEOC, as EEOC's resources permit. The training will cover topics such as conducting investigations and legal updates on anti-discrimination laws. EEOC will not charge the Tribal participants for the training, but the Tribe shall be responsible for the travel and per diem costs of its employees.
      2. EEOC agrees that staff at the appropriate EEOC field office will participate in a training session about the Tribe's history and culture and the scope of the Tribe's jurisdiction as an enforcement agency, as EEOC's resources permit. The training session will be presented by the Tribe and the Council for Tribal Employment Rights (CTER) at no charge to EEOC.
      3. EEOC and the Tribe agree to meet no less than annually to review their relationship under this MOU.
      4. As EEOC's resources permit, EEOC agrees to send a representative to CTER's annual convention and its legal up-date seminar. At said meetings, EEOC, CTER, and the Tribes that have entered into MOUs with EEOC shall meet to discuss their relationships and ways to improve them.
    2. Assistance
      1. EEOC agrees to designate an experienced investigator from the EEOC Field Office that services the area in which the Tribe's Reservation is located as a resource to the TERO staff on investigating and enforcing the Tribe's anti-discrimination ordinance. Consistent with the investigator's responsibilities to EEOC, the investigator will be available to assist the TERO on an as-needed basis.
      2. EEOC shall, as its resources permit, provide the TERO with such support and assistance as the TERO requests in processing charges under the MOU.
    3. Reporting -- The Tribe agrees to provide EEOC with quarterly reports, within 45 days after the end of each calendar quarter, providing the following information:
      1. The names of all cases referred to it by EEOC, the activities the TERO undertook on each case and the disposition of each case, and
      2. A list of the charges filed with the TERO, the activities the TERO undertook on each, and the disposition of each charge.
  3. TERMINATION

    Each Party may terminate this MOU, for any reason or no reason, by providing the other Party with 30 days' written notice. Provided, however, that if EEOC wishes to terminate this MOU for the tribe's failure to participate in training programs, to appropriately use the EEOC mentor, or to submit required reports, EEOC will provide prior written notice to the tribe, c/o ________________ and provide 60 days for the tribe to comply with the requirements of the MOU.

AGREED TO THIS ____ DAY OF ____________, 201_:

FOR EEOC                   FOR THE _________ TRIBE

___________________________      ________________________

___________________________      ________________________

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