[Federal Register Volume 85, Number 69 (Thursday, April 9, 2020)]
[Notices]
[Pages 19960-19961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07467]
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DEPARTMENT OF LABOR
Office of the Secretary
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Complaint Involving Employment Discrimination
by a Federal Contractor or Subcontractor
ACTION: Notice of availability; request for comments.
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SUMMARY: The Department of Labor (DOL) is submitting this Office of
Federal Contract Compliance Programs (OFCCP)-sponsored information
collection request (ICR) to the Office of Management and Budget (OMB)
for review and approval in accordance with the Paperwork Reduction Act
of 1995 (PRA). Public comments on the ICR are invited.
DATES: The OMB will consider all written comments that agency receives
on or before May 11, 2020.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
Comments are invited on: (1) Whether the collection of information
is necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility; (2) if the information will be processed and used in a timely
manner; (3) the accuracy of the agency's estimates of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (4) ways to enhance the quality,
utility and clarity of the information collection; and (5) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
FOR FURTHER INFORMATION CONTACT: Frederick Licari by telephone at 202-
693-8073, TTY 202-693-8064, (these are not toll-free numbers) or by
email at [email protected].
SUPPLEMENTARY INFORMATION: 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); and
Vietnam Era Veterans' Readjustment Assistance Act of 1974
(VEVRAA), as amended, 38 U.S.C. 4212.
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. 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 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.
For additional substantive information about this ICR, see the
related notice published in the Federal Register on October 21, 2019
(84 FR 56205).
This information collection is subject to the PRA. A Federal agency
generally cannot conduct or sponsor a collection of information, and
the public is generally not required to respond to an information
collection, unless the OMB approves it and displays a currently valid
OMB Control Number. In addition, notwithstanding any other provisions
of law, no person shall generally be subject to penalty for failing to
comply with a collection of information that does not display a valid
OMB Control Number. See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this information collection for
three (3) years. OMB authorization for an ICR cannot be for more than
three (3) years without renewal. The DOL notes that information
collection requirements submitted to the OMB for existing ICRs receive
a month-to-month extension while they undergo review.
Agency: DOL-OFCCP.
[[Page 19961]]
Title of Collection: Complaint Involving Employment Discrimination
by a Federal Contractor or Subcontractor.
OMB Control Number: 1250-0002.
Affected Public: Individuals and Households.
Total Estimated Number of Respondents: 897.
Total Estimated Number of Responses: 897.
Total Estimated Annual Time Burden: 897 hours.
Total Estimated Annual Other Costs Burden: $169.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Dated: April 3, 2020.
Frederick Licari,
Departmental Clearance Officer.
[FR Doc. 2020-07467 Filed 4-8-20; 8:45 am]
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