[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56205-56206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22894]
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DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
Form CC-4, Complaint Involving Employment Discrimination by a
Federal Contractor or Subcontractor; Proposed Renewal of the Approval
of Information Collection Requirements; Comment Request
ACTION: Notice.
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SUMMARY: The Department of Labor (DOL), as part of its continuing
effort to reduce paperwork and respondent burden, conducts a pre-
clearance consultation program to provide the general public and
Federal agencies with an opportunity to comment on proposed and/or
continuing collections of information in accordance with the Paperwork
Reduction Act of 1995 (PRA). This program helps to ensure that
requested data can be provided in the desired format, reporting burden
(time and financial resources) is minimized, collection instruments are
clearly understood, and the impact of collection requirements on
respondents can be properly assessed. The Office of Federal Contract
Compliance Programs (OFCCP) is soliciting comments concerning its
proposal to renew the Office of Management and Budget (OMB) approval of
the information collection: ``Form CC-4, Complaint Involving Employment
Discrimination by a Federal Contractor or Subcontractor.'' The current
OMB approval for Form CC-4 expires on May 31, 2020. A copy of the
proposed information collection request can be obtained by contacting
the office listed below in the FOR FURTHER INFORMATION CONTACT section
of this Notice or by accessing it at www.regulations.gov.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before December 20, 2019.
ADDRESSES: You may submit comments, identified by Control Number 1250-
0002, by one of the following methods:
Electronic comments: Through the Federal eRulemaking Portal at
www.regulations.gov. Follow the instructions for submitting comments.
Mail, Hand Delivery, Courier: Address comments to Harvey D. Fort,
Deputy Director, Division of Policy and Program Development, Office of
Federal Contract Compliance Programs, 200 Constitution Avenue NW, Room
C3325, Washington, DC 20210.
Instructions: Please submit one copy of your comments by only one
method. All submissions received must include the agency name and OMB
Control Number identified above for this information collection.
Commenters are strongly encouraged to submit their comments
electronically via the www.regulations.gov website or to mail their
comments early to ensure that they are timely received. Comments,
including any personal information provided, become a matter of public
record and will be posted to the www.regulations.gov website. They will
also be summarized and/or included in the request for OMB approval of
the information collection request.
FOR FURTHER INFORMATION CONTACT: Harvey D. Fort, Deputy Director,
Division of Policy and Program Development, Office of Federal Contract
Compliance Programs, 200 Constitution Avenue NW, Room C-3325,
Washington, DC 20210. Telephone: (202) 693-0103 (voice) or (202) 693-
1337 (TTY) (these are not toll-free numbers). Copies of this notice may
be obtained in alternative formats (large print, braille, audio
recording) upon request by calling the numbers listed above.
SUPPLEMENTARY INFORMATION:
I. Background: OFCCP administers and enforces the three equal
employment opportunity laws listed below.
Executive Order 11246, as amended (E.O. 11246)
Section 503 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 793 (Section 503)
Vietnam Era Veterans' Readjustment Assistance Act of 1974, as
amended, 38 U.S.C. 4212 (VEVRAA)
These authorities prohibit employment discrimination by Federal
contractors and subcontractors and require them to take affirmative
action to ensure that equal employment opportunities are available
regardless of race, color, religion, sex, sexual orientation, gender
identity, national origin, disability, or status as a protected
veteran. Additionally, Federal contractors and subcontractors are
prohibited from discriminating against applicants and employees for
asking about, discussing, or sharing information about their pay or, in
certain circumstances, the pay of their co-workers. Federal contractors
and subcontractors are further prohibited from harassing, intimidating,
threatening, coercing, or discriminating against individuals who file a
complaint, assist or participate in any OFCCP investigation, oppose any
discriminatory act or practice, or otherwise exercise their rights
protected by OFCCP's laws.
No private right of action exists under the authorities that are
enforced by OFCCP, i.e., a private individual may not bring a lawsuit
against an employer (or prospective employer) for noncompliance with
its contractual obligations enforced by OFCCP. However, any employee
of, or applicant for employment with, a federal contractor or
subcontractor may file a complaint with OFCCP alleging discrimination
or failure to comply with affirmative action obligations. OFCCP
encourages such employees and applicants to file their complaints by
completing its complaint form (``Form CC-4''). OFCCP investigates the
complaint but retains the discretion whether to pursue administrative
or judicial enforcement. If a complaint is filed under E.O. 11246 or
Section 503, OFCCP may refer it to the U.S. Equal Employment
Opportunity Commission (EEOC).\1\ OFCCP investigates all complaints
filed under VEVRAA.
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\1\ See, 41 CFR 60-1.24(a) and 41 CFR 60-741.5.
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Under E.O. 11246, the authority for collection of complaint
information is Section 206(b). The implementing regulations which
specify the content of this information collection are found at 41 CFR
60-1.23. Under VEVRAA, the authority for collecting complaints
information is at 38 U.S.C. 4212(b) and
[[Page 56206]]
the implementing regulations which specify the content of VEVRAA
complaints are found at 41 CFR 60-300.61(b). The statutory authority
for collecting complaint information under Section 503 is at 29 U.S.C.
793(b), and the implementing regulations which specify the content of
Section 503 complaints are found at 41 CFR 60-741.61(c). This
information collection request covers the recordkeeping and reporting
requirements for Form CC-4.
II. Review Focus: DOL is particularly interested in comments which:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
enhance the quality, utility, and clarity of the
information to be collected; and
minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submissions of responses.
III. Current Actions: DOL seeks the approval of the extension of
this information collection instrument in order to carry out its
responsibility to enforce the affirmative action and nondiscrimination
provisions of the three authorities that it administers. DOL made a
clarifying edit on its complaint form. Now, when a complainant
indicates that they filed a complaint containing the same allegations
with another federal or local agency, DOL asks what date they filed the
other complaint. Requesting this information is intended to improve the
efficiency of processing complaints and eliminate duplicative agency
efforts.
Type of Review: Renewal.
Agency: Office of Federal Contract Compliance Programs.
Title: Complaint Form CC-4, Complaint Involving Employment
Discrimination by Federal Government Contractors or Subcontractors.
OMB Number: 1250-0002.
Agency Number: None.
Affected Public: Business or other for profit, Not-for-profit
institutions.
Total Respondents: 897.
Total Annual Responses: 897.
Average Time per Response: 1 hour.
Estimated Total Burden Hours: 897.
Frequency: On occasion.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $169.00.
Dated: October 10, 2019.
Harvey D. Fort,
Deputy Director, Division of Policy and Program Development, Office of
Federal Contract Compliance Programs.
[FR Doc. 2019-22894 Filed 10-18-19; 8:45 am]
BILLING CODE 4510-CM-P