The enforcement of laws against employment discrimination and
the eradication of unfair employment practices is a national
priority. State and federal officials' strong interest in
enforcement and elimination of employment discrimination crosses
regional lines as well as particular Administrations. The
signatories to this Memorandum of Understanding agree that it is
critical to develop effective and lasting mechanisms for
communication and cooperation among state Attorneys General and
the Equal Employment Opportunity Commission (EEOC) responsible for
the enforcement of federal and state employment discrimination
laws. It is also agreed that those mechanisms should continue
through changes in administration at the national and state
levels. Accordingly, the signatories to this Memorandum of
Understanding agree to establish the following institutional
mechanisms for communication, cooperation and joint work on
affirmative enforcement of employment discrimination laws:
1. The EEOC will designate a district office liaison to
each state Attorney General office that chooses to
participate in the program who will be responsible for
ensuring communication and cooperation with the
participating state Attorneys General. The EEOC will
also designate headquarters liaison(s) to state
Attorneys General for amicus requests and for other
specified purposes. Each participating state Attorney
General will designate an employment discrimination
liaison who will be responsible for ensuring
communication and cooperation with other state Attorneys
General and the EEOC. The co-chairs of the permanent
Working Group described in paragraph 6 below will be
responsible for circulating a list of liaisons and for
notifying the liaisons of any changes in designations
that are made. The liaisons' responsibilities will
include: sharing information about pending or proposed
litigation or projects which are likely to contribute
significantly to the development of employment
discrimination laws or which involve significant pattern
and practice violations; identifying technical
assistance and training needs; providing pleadings and
briefs to each other; bringing important judicial
decisions and other emerging issues to the attention of
other liaisons; notifying each other of pending
legislation concerning employment laws and practices;
making requests for amicus assistance or intervention or
other types of legal assistance; and otherwise ensuring
the timely and effective dissemination of significant
information related to employment discrimination.
2. The EEOC will provide informational reports (limited to
information of public record) to the National
Association of Attorneys General (NAAG) for circulation
to each participating state Attorney General. State
Attorneys General offices will submit reports to NAAG
for a quarterly report on important employment
discrimination developments in their states which will
be shared with all signatories to this agreement.
3. Representatives of state Attorneys General and the EEOC
will participate in regular conference calls and will
meet annually to, as appropriate: discuss national,
regional and state employment discrimination issues;
share investigative techniques and information regarding
effective methods of enforcement; identify potential
joint enforcement efforts; identify and initiate joint
litigation and policy enforcement efforts; organize and
coordinate training activities; and bring important
judicial decisions and emerging issues to the attention
of each other. The representatives will also share
information about fair employment initiatives and
coordinate and combine efforts to address employment
discrimination in a manner that most effectively
utilizes the expertise and resources of the represented
offices. Any sharing of information shall be consistent
with applicable confidentiality provisions. NAAG's
staff, in consultation with representatives of state
Attorneys General, and a representative of the EEOC,
will be responsible for coordinating the annual meetings
and the conference calls.
4(a) In order to effectively address common concerns, the
EEOC and the state Attorneys General intend to develop
joint enforcement initiatives in one or more areas of
mutual concern. The signing of this Memorandum does not
obligate the EEOC or any state Attorney General to
participate in any joint initiative. A state Attorney
General that desires to participate in a joint
initiative with the EEOC will supply a letter of
participation to the EEOC.
(b) The signatories direct the establishment of an
Employment Task Force to report on the most
effective means practicable for carrying out the
joint initiatives referenced in paragraph 4(a) and
to coordinate the implementation of the joint
initiatives. The Task Force will consider, among
other things, joint initiatives in which each
participating agency commits personnel and
resources to policy initiatives and investigation
and litigation efforts. The Task Force will make
recommendations about which agencies should lead
the enforcement efforts in a particular subject
area and geographic location, taking into account
the relative expertise of the participants, the
extent of resources each agency commits to the
project, the nature of the remedies or sanctions
for the violation of law available in a state or
federal forum, and similar criteria. Problems in
the implementation of joint initiatives will be
brought to the attention of the Working Group
described in paragraph 6, below, for resolution.
5. The EEOC and the state Attorneys General will continue
to enforce laws independently of one another. EEOC and
participating state Attorneys General will notify in
writing each other's offices functioning in their
jurisdiction of their enforcement efforts whenever an
office commences a civil enforcement action in an
administrative agency or court, which it believes is
likely to contribute significantly to the development of
employment discrimination law. Notifications will be
made to the relevant liaison(s) designated pursuant to
paragraph 1 above within two business days of the event
triggering the notification requirement, if possible.
Notifications will not be made if any office determines
that such notification is inappropriate under the
circumstances.
6. The signatories to this Agreement direct the
establishment of an Employment Working Group which will
continue as a permanent body. It will consist of
representatives designated by the EEOC and
representatives of state Attorneys General designated by
the President of the National Association of Attorneys
General. The Working Group will be co-chaired by a
representative of the EEOC and representatives of two
state Attorneys General. The Working Group will serve
as a clearinghouse for information and complaints about
the implementation of this agreement, investigate
whether improvements in the mechanisms for communication
and cooperation are needed, identify common training
requirements and plan training events, assist in the
resolution of conflicts arising in joint initiatives or
enforcement efforts, and otherwise make recommendations
for ways to advance the objective of joint enforcement
of employment discrimination laws. Each co-chair of the
Employment Working Group will be available to receive
information from employment discrimination liaisons
about problems in the implementation of this agreement.
The Working Group will communicate with each other
regularly, but not less than once a year.
On Behalf of the National Association of Attorneys General**
/s/
_________________________________
James Doyle
President
10 Nov. 1997
______________________________
Date
/s/
_________________________________
Drew Ketterer
Chair, Civil Rights Committee
Nov. 10, 1997
______________________________
Date
On Behalf of the Equal Employment Opportunity Commission
/s/
__________________________________
Gilbert F. Casellas
Chairman
11/10/97
__________________________________
Date
_________________________
** Signing directed as the result of the passage of a NAAG
Resolution to that effect, dated ___________, 199_.