[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Notices]
[Pages 45710-45712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17399]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Agency Information Collection Activities: Proposed Collection; 
Submission for OMB Review

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final notice of submission for OMB review--``Freedom to 
Compete'' Award.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Equal Employment Opportunity Commission (EEOC) hereby gives notice that 
it has submitted to the Office of Management and Budget (OMB) a request 
for approval of the new information collection request (nominations of 
potential award recipients) which will be used for the EEOC's ``Freedom 
to Compete'' Award.

DATES: Written comments must be submitted by August 30, 2004.

ADDRESSES: Comments should be submitted to the Office of Information 
and Regulatory Affairs, Attention: Karen Lee, Desk Officer for the U.S. 
Equal Employment Opportunity Commission, Office of Management and 
Budget, 725 17th Street, NW., Room 10235, New Executive Office 
Building, Washington, DC 20503 or electronically mailed to 
[email protected]. A copy of those comments should also be sent to 
Stephen Llwellyn, Acting Executive Officer, Executive Secretariat, 
Equal Employment Opportunity Commission, 10th Floor, 1801 L Street, 
NW., Washington, DC 20507. As a convenience to commentators, the EEOC's 
Executive Secretariat will accept EEOC's copy of comments by facsimile 
(``FAX'') transmission if they are six or fewer pages in length. The 
telephone number of the FAX receiver is (202) 663-4114 (this is not a 
toll-free number). Only comments of six or fewer pages will be accepted 
via FAX transmittal to assure access to the equipment. Receipt of FAX 
transmittals will not be acknowledged, except that the sender may 
request confirmation of receipt by calling the Executive Secretariat 
staff at (202) 663-4070 (voice) or (202) 663-4074 (TTY) (these are not 
toll-free telephone numbers). Copies of comments submitted to EEOC by 
the public will be available to review at the Commission's library, 
Room 6502, 1801 L Street, NW., Washington, DC 20507 between the hours 
of 9:30 a.m. and 5 p.m.

FOR FURTHER INFORMATION CONTACT: Lisa Fisher, Acting Director, Office 
of Communications and Legislative Affairs, 1801 L Street, NW., 
Washington, DC 20507, (202) 663-4056 (voice). This notice is available 
in the following formats: Large print, braille, audio tape and 
electronic file on computer disk. Requests for this notice in an 
alternative format should be made to the Publications Center at 1-800-
699-3362.

SUPPLEMENTARY INFORMATION: The Equal Employment Opportunity Commission 
(EEOC) enforces title VII of the Civil Rights Act of 1964, the Equal 
Pay Act, the Age Discrimination in Employment Act, the Rehabilitation 
Act, title I of the Americans with Disabilities Act, and the Pregnancy 
Employment Discrimination Act. Pursuant to its authority under those 
statutes, EEOC launched the ``Freedom to Compete'' (FTC) initiative, a 
national outreach, education and coalition-building strategy designed 
to complement the agency's enforcement and litigation efforts by 
identifying EEO practices and programs worthy of emulation. The 
Commission has built and seeks to further build partnerships and 
strategic alliances with various stakeholders that can directly and 
indirectly ensure equal opportunity in the nation's workplaces. One 
component of this initiative is the Equal Employment Opportunity 
Commission's ``Freedom to Compete'' Award. The Award is designed to 
recognize employers, organizations and entities whose extraordinary 
efforts embody the EEOC's mission of ensuring individuals the freedom 
to compete in the workplace on a level playing field regardless of 
race, color, gender, age, national origin, religion or disability. The 
Award will be presented to entities that have demonstrated exemplary 
efforts in promoting free and unfettered access to opportunities in the 
workplace. The Award will be based on nominations received from the 
public.
    This notice concerns the nomination form which constitutes a 
collection of information under the Paperwork Reduction Act. A prior 
notice that the EEOC would be submitting this request

[[Page 45711]]

to OMB for approval under the Paperwork Reduction Act was published at 
68 FR 67437 (December 2, 2003), allowing for a 60 day comment period. 
Two comments were received, one from the Equal Employment Advisory 
Council and one from the National Industry Liaison Group (``NILG''). 
Both comments praised the EEOC's effort to recognize excellent 
performance in the EEO area, noting that the proposed collection was 
both necessary for the EEOC's proper performance and helpful in 
providing clarity for individuals interested in emulating a particular 
EEO program or initiative. In addition, NILG suggested that nomination 
materials be permitted to be filed electronically (the EEOC has adopted 
this suggestion) and that the EEOC utilize its own internal records to 
determine if award nominees have any EEO charges pending against them 
(the EEOC has not adopted this suggestion). The Commission intends to 
verify charge information for finalists, but believes that self-
declaration will materially enhance the application process. Award 
applicants should be mindful of current charges in drafting nominations 
so that their presentations will be realistic and can address trends 
and practical results. For example, the applicant may be able to 
explain that the number of charges are trending down since 
implementation or that they particularly addressed a specific type of 
activity (e.g., sexual harassment) and no new charges have been filed 
since full implementation. These and other types of relationships 
between the implemented practice and pending charges may not be obvious 
to Commission staff from Commission data. Of course, if the information 
on charges is not readily available (e.g., nominations from third 
parties), the nominating party can simply explain that the information 
is not available and the Commission will rely on its own data.
    Pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 
35, and OMB regulation 5 CFR 1320.8(d)(1), the Commission solicits 
public comment on its proposed nomination form to enable it to:
    (1) 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;
    (2) 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;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) 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 
submission of responses.
    The remainder of this SUPPLEMENTARY INFORMATION section provides 
the public with information it will need to comment on the EEOC 
proposal. It contains an overview of the information collection and the 
proposed nomination form.

Overview of This Information Collection

    Title: Nomination for the Equal Employment Opportunity Commission's 
``Freedom to Compete'' Award.
    OMB Number: None.
    Description of Affected Public: Individuals or households; 
Businesses or other for profit, Not-for-profit institutions; State or 
local governments.
    Number of Responses: 100.
    Estimated Reporting Time Per Respondent: 10 hours.
    Total Burden Hours: 1,000 hours.
    Federal Cost: None.

Proposed Nomination Form

``Freedom To Compete'' Award

    The Equal Employment Opportunity Commission's `` Freedom to 
Compete'' Award is designed to recognize organizations and individuals 
whose extraordinary efforts embody the EEOC's mission of ensuring 
individuals the freedom to compete in the workplace on a level playing 
field and to go as far as their talent and abilities will allow 
regardless of race, color, gender, age, national origin, religion or 
disability. Award winners will be given the Commission's ``Freedom to 
Compete'' Award, which will be presented by the Chair of the Commission 
at an annual ceremony in Washington, DC. All nominees will be required 
to disclose any charges and litigation involving the statutes enforced 
by the Commission. Receipt of the ``Freedom to Compete'' Award does not 
constitute a waiver by the Commission nor will it be considered with 
respect to any future charges and investigations against nominees or 
award recipients. Background: In 2002, under the leadership of Chair 
Cari M. Dominguez, EEOC launched the ``Freedom to Compete'' (FTC) 
initiative, a national outreach, education and coalition-building 
strategy designed to complement the agency's enforcement and litigation 
efforts by identifying EEO practices and programs worthy of emulation. 
The Commission has built and seeks to further build partnerships and 
strategic alliances with various stakeholders that can directly and 
indirectly influence positive change in the nation's workplaces. The 
Award will be presented to individuals and organizations that have 
demonstrated exemplary efforts in promoting free and unfettered access 
to opportunities in the workplace. The Award will be called the 
``Freedom to Compete'' Award.

Eligibility Criteria

    The following criteria apply to the Freedom to Compete Award 
Nominees:
    A. The nominees must be public or private employers, corporations, 
associations, organizations, or others whose activities exemplify the 
goals of the Chair's ``Freedom to Compete'' initiative. Nominees may 
self-nominate or be nominated by others.
    B. Nominees must have implemented a program or practice that has 
successfully removed barriers that hinder free and fair workplace 
competition and increased access, inclusion, and/or promotional 
opportunities for qualified workers. The program or practice must 
involve one or more of the following components: Innovative leadership, 
outreach, education, recruitment, training/development, promotion, 
retention, and/or mentoring.
    C. Nominees must report any unresolved violations of state or 
Federal law, or any pending Federal or state enforcement actions, any 
corrective actions or consent decrees that have resulted from 
litigation under the laws enforced by the Equal Employment Opportunity 
Commission.
    D. Recipients of this Award agree to participate in programs, 
meetings, and/or other collaborative efforts with the Commission for 
the purpose of publicizing the award-winning program/effort, and agree 
to share information to assist other entities seeking to replicate the 
program/effort. Recipients agree to take part in Commission efforts to 
promote the ``Freedom to Compete'' Award and the principles of free and 
fair workplace competition that underlie the award.

Nomination Submission Requirements

    This is an essay format (1,000 words or less) application. 
Programs/activities must have been in place for at least one year and 
have measurable and demonstrable results. Essays should include the 
following:

[[Page 45712]]

     A profile of your organization--its mission, size, number 
of employees, nature of work, and, if a business, a description of its 
products/services, assets and annual revenues.
     A description of what led you to implement the program/
practice.
     How you went about developing the program/practice. 
Describe who was involved, how it evolved, whether any major obstacles 
were encountered and how they were overcome, and how long the program/
practice has been in place.
     A description of the program/practice. Explain the 
structure of the program/practice, how it is managed and measured, and 
who is accountable for results.
     Describe the level of executive involvement in, and 
commitment to, the program/practice during both development and 
implementation.
     A description of the tangible results. Explain what makes 
your program/practice effective, and how it has positively affected the 
lives of your workers. Address how the program/practice has helped to 
bring about free and fair competition in your workplace.
     A description of the joint activities your organization 
and the EEOC could undertake to share the program/effort with other 
entities and to promote the principles of free and fair workplace 
competition in partnership. Explain why others would find your program 
valuable.

Timing and Acceptable Methods of Submission of Nominations

    Nomination packages must be submitted to ----, 1801 L Street, NW., 
Washington, DC 20507 by ----. Submissions may be made by hand delivery, 
by regular mail or electronically to Freedom2eeoc.gov. Any application 
received or postmarked after ---- will not be considered. All 
applications will be acknowledged.

The Administrative Review Process

    Nominations will be evaluated by EEOC staff, with final award 
determinations made by the EEOC Chair.

Location

    The awards ceremony will generally be held during the month of ---- 
at a location to be determined by the EEOC Chair.

Paperwork Reduction Act Notice

    Persons are not required to respond to a collection of information 
unless it displays a currently valid Office of Management and Budget 
(OMB) control number. This collection of information is approved under 
OMB number ---- (Expiration Date: ----). The obligation to respond to 
this information collection is voluntary; however, only nomination that 
follow the nomination procedures outlined in this notice will receive 
consideration. The average time to respond to this information 
collection is estimated to be 10 hours per response; including time for 
reviewing instructions, researching existing data sources, gathering 
and maintaining the data needed, and completing and reviewing the 
collection of information. Submit comments regarding this estimate; 
including suggestions for reducing response time to the U.S. Equal 
Employment Opportunity Commission, Office of the Chair, 1801 L Street, 
NW., Washington, DC 20507. Please reference to OMB Number ----. We are 
very interested in your thoughts and suggestions about your experience 
in preparing and filing this nomination packet for the Equal Employment 
Opportunity Commission's Freedom to Compete Award. Your comments will 
be very useful to the Commission in making improvements in our 
solicitation for nominations for this award in subsequent years.

    Dated: July 22, 2004.

    For the Commission.

Cari M. Dominguez,
Chair.
[FR Doc. 04-17399 Filed 7-29-04; 8:45 am]
BILLING CODE 6570-01-P