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September 19, 2023
On September 13, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) formed a partnership by signing a memorandum of understanding (MOU) [1] for the purpose of enhancing and maximizing the enforcement of federal laws and regulations.
The EEOC and the WHD are tasked with prohibiting workplace discrimination, as well as protecting and enhancing the welfare of the nation’s workforce. However, they enforce different laws. [2]
The MOU is expected to enable the EEOC and the WHD to increase their focus on workplace justice issues of mutual interest across the country and respond more efficiently to the public.
The agencies will share information in cases of common legal interest. They will coordinate enforcement efforts, including providing individuals with informational materials prepared by the other agency, providing individuals with contact information for the other agency, advising individuals that they may be able to file a charge or complaint with the other agency, and even coordinating investigations.
The agencies also will cross-train their personnel to identify issues that may arise in the other agency’s jurisdiction, co-develop or share training materials, co-develop policy statements and technical guidance, and engage in joint outreach and public education. Furthermore, the agencies may meet to discuss their enforcement priorities and employment trends.
Employers should be mindful that attention from either the EEOC or the WHD may lead to attention from the other agency.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
[1] The MOU is voluntary and is not legally binding. Nothing in the MOU affects the agencies’ normal operations or decisions in carrying out their statutory or regulatory duties.
[2] The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information. Specifically, the EEOC enforces the Equal Pay Act (EPA); Title VII of the Civil Rights Act, as amended, including the Pregnancy Discrimination Act (Title VII); the Age Discrimination in Employment Act (ADEA); Title I of the Americans with Disabilities Act, as amended (ADA); Title II of the Genetic Information Nondiscrimination Act (GINA); and the Pregnant Workers Fairness Act of 2022 (PWFA).
The WHD enforces federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act. The WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration-related statutes. Additionally, the WHD administers and enforces the prevailing wage requirements of the Davis-Bacon and Related Acts and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.
