The U.S. Office of Special Counsel (OSC or party) and the Equal Employment Opportunity Commission (EEOC or party) first entered into a Memorandum of Understanding (MOU) in February 1988 to further the objectives of Congress under the Civil Service Reform Act of 1978, as amended, and Title VII of the Civil Rights Act of 1964, as amended and related Executive Orders, to eradicate prohibited discrimination in personnel decisions in the federal workforce. This MOU promotes interagency coordination between the OSC and the EEOC in the enforcement of anti-discrimination laws and provides for information sharing as appropriate and to the extent allowable under law. This MOU is also entered into pursuant to the provisions of 29 C.F.R. § 1614.503(f). This MOU supersedes the February 1988 MOU.
1. It is hereby agreed between the EEOC and the OSC that the EEOC shall refer to OSC for potential OSC enforcement action cases in which the EEOC finds that an agency or an officer or employee thereof has discriminated against any employee or applicant for employment in violation of section 717 of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-16); sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. §§ 631, 633a); section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. § 206(d)); or section 501 of the Rehabilitation Act of 1973 (29 U.S.C. § 791). In addition, EEOC shall refer to OSC for potential enforcement action cases in which the agency fails to comply with the order of the EEOC and any other case or matter that the Commission believes warrants enforcement by OSC.
2. In transmitting information to OSC under paragraph 1, above, the EEOC shall inform OSC of the status of any action ordered or recommended to the employing agency by the EEOC, including particularly any reason the employing agency has provided for its failure or refusal to comply with the Commission’s order.
3. If the EEOC has indicated that appropriate action has not and will not be taken by the employing agency, OSC may investigate the matter under 5 U.S.C. § 1214 or § 1216 to the extent necessary to determine whether there is sufficient basis for initiating disciplinary action under 5 U.S.C. § 1215. The determination as to whether a matter has prosecutive merit and will be prosecuted before the Merit Systems Protection Board (MSPB) shall be within the sole discretion of OSC.
4. In order to aid OSC’s consideration of an EEOC referral, EEOC shall make available to OSC all information and evidentiary materials pertaining to the referred matter which are held by EEOC, subject to any legal impediments (if any) to the disclosure to OSC of any such materials.
5. OSC shall notify EEOC in cases where OSC initiates disciplinary action.
6. The following offices of the respective agencies are designated to coordinate and implement the provisions of this understanding and agreement:
Director, Office of Federal Operations
Equal Employment Opportunity Commission
131 M Street, N.E.
Washington, DC 20507
Director, Investigation and Prosecution Division
Office of Special Counsel
1730 M Street, N.W.
Washington, D.C. 20036
7. All requests by third parties to this Agreement, including charging parties, respondents, and their attorneys, for disclosure of information shall be coordinated with the agency that initially created or compiled the information (the “originating agency”), unless disclosure is otherwise required by law. The decision of the originating agency regarding disclosure shall be honored, to the extent permissible by law.
8. This Agreement will become effective on the date that the last party signs the agreement. Any party may terminate this Agreement by providing 60-days written notice to the other party.
9. This Agreement is an internal government Agreement between the parties and is not intended to confer any rights upon any private person against the United States, its agencies, or its officers. Nothing in this agreement shall be interpreted as limiting, superseding or otherwise affecting either party’s normal operations or decisions in carrying out its duties. This agreement does not itself authorize the expenditure or reimbursement of any funds. Nothing in this agreement obligates the parties to expend appropriations, enter into any contract or incur any obligations.
CAROLYN N. LERNER
U.S. Office of Special Counsel
JACQUELINE A. BERRIEN
Equal Employment Opportunity Commission