EEOC and Office of Special Counsel Issue Revised Procedures For Coordinating Discrimination Charges

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) and the Office of Special Counsel for Immigration Related Unfair Employment Practices, U.S. Department of Justice (OSC), announce the adoption of a revised Memorandum of Understanding (MOU) to reflect changes in the law and further promote the elimination of duplication in the agencies' enforcement efforts. The new MOU, which replaces the MOU adopted in 1989, was published today in the Federal Register.

"This revised MOU is an important element in our drive to combat national origin discrimination under Title VII (of the Civil Rights Act of 1964)," said EEOC Chairman Paul M. Igasaki. He added, "The Agreement expands and improves our charge referral procedures with OSC to enhance enforcement of the nondiscrimination requirements in both Title VII and INA (the Immigration and Nationality Act)." Special Counsel John D. Trasviña said, "The Agreement enables our agencies to work in partnership to protect employment discrimination victims. It makes us both more effective in enforcing the federal laws against discrimination."

As with the 1989 MOU, the revised version makes EEOC and OSC the agent of the other for the sole purpose of receiving discrimination charges under Title VII and INA. The new Agreement reflects amendments to INA, which added document abuse and retaliation as unfair immigration-related practices. It also streamlines the procedures to avoid overlap in the processing of charges of discrimination.

Specifically, the major changes include the following:

• Referral procedures for charges alleging unfair document practices and expanded procedures regarding retaliation;
• Removal of the requirement that EEOC staff inquire about immigration status before referring a charge to OSC;
• Language expressly referencing procedures for charges alleging pattern or practice, or class discrimination;
• Authorization for individuals to decline to have their charges referred from one agency to another.

The text of the MOU will be available on EEOC's web site at www.eeoc.gov, and on OSC's web site at www.usdoj.gov/crt/osc/, shortly after its publication in the Federal Register.

EEOC is the independent, bi-partisan federal agency that enforces the major civil rights laws, including provisions of Title VII which prohibit covered employers from discriminating on the basis of national origin. OSC enforces provisions of INA that prohibit covered employers from discriminating on the basis of national origin or citizenship status in hiring, recruitment or referral for a fee, and discharge. INA also prohibits retaliation and unfair document practices.