In addition, the EEOC will initially investigate the following charges:
b. All disability-based charges that may not be resolved by the FEPA in a manner consistent with the ADA.
c. All concurrent Title VII/EPA charges;
d. All charges against the FEPA or its parent organization where such parent organization exercises direct or indirect control over the charge decision-making process;
e. All charges filed by EEOC Commissioners;
f. All charges filed by EEOC Office Directors under EPA and/or ADEA;
g. Charges also covered by the Immigration Reform and Control Act;
h. Complaints referred to the EEOC by the U.S. Department of Justice; the U.S. Department of Labor, Office of Federal Contract Compliance Programs; or Federal fund-granting agencies under 29 CFR §§1640, 1641, and 1691;
i. Any charge where the EEOC is a party to a Conciliation Agreement or a Consent Decree that is relevant to the charge;
j. Any charge alleging retaliation for filing a charge with the EEOC or for cooperating with the EEOC;
k. All charges against Respondents that are designated for initial investigation by the EEOC in a supplementary memorandum to this Agreement; and
l. All charges filed under GINA.
(Add additional provisions specific to District Office here)
b. Any charge where the FEPA is a party to a Conciliation Agreement that is relevant to the charge. The FEPA will notify the EEOC on a quarterly basis of all Conciliation Agreements;
c. All charges that allege more than one basis of discrimination where at least one basis is not covered by the laws enforced by the EEOC but is covered by the state or local laws enforced by the FEPA, or where the EEOC is mandated by federal court decision or by internal administrative EEOC policy to dismiss the charge, but the FEPA is not required to dismiss that charge under state or local law;
d. All charges against Respondents that are designated for initial investigation by the FEPA in a supplementary memorandum to this Agreement agreed to by the EEOC; and
e. All disability-based charges against Respondents over which the EEOC does not have jurisdiction.
(Add additional provisions specific to the FEPA here.)
C. The EEOC and the FEPA may agree to cooperate and investigate cases together for the good of the public. The EEOC District Director and the FEPA Executive Director/Administrator will reduce to writing how the agencies will work together, setting forth the division of labor and how the agencies will proceed to jointly investigate. The charging parties (if any) and respondents will be informed of the division of labor and the intent to investigate together to ensure transparency in the investigative process to better serve the public. In the event of a dispute in this subsection, the agencies will resolve the dispute under Section VI.D that governs resolving disputes. Both agencies agree to represent a united front to the relevant employer and the employer’s employees and applicants for employment involved in the matter.
