[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43254-43261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15671]
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DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
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
[[Page 43255]]
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), 44 U.S.C.
3506(c)(2)(A). 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 August 31, 2017. 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 August 30, 2016.
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 Debra Carr,
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 Web site 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 Web site. They
will also be summarized and/or included in the request for OMB approval
of the information collection request.
FOR FURTHER INFORMATION CONTACT: Debra Carr, Director, Division of
Policy and Program Development, Office of Federal Contract Compliance
Programs, 200 Constitution Avenue NW., Room C3325, Washington, DC
20210. Telephone: (202) 693-0104 (voice) or (202) 693-1337 (TTY) (these
are not toll-free numbers). Copies of this notice may be obtained in
alternative formats (e.g. large print, braille, audio recording), upon
request, by calling the numbers listed above.
SUPPLEMENTARY INFORMATION:
I. Background: The Office of Federal Contractor Compliance Programs
(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 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 EO 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. OFCCP
may refer complaints under any law to the Department of Justice (DOJ).
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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 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, 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, which it administers.
Type of Review: Renewal.
[[Page 43256]]
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: 753.
Total Annual Responses: 753.
Average Time per Response: 1 hour.
Estimated Total Burden Hours: 753.
Frequency: On occasion.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $61.50.
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval of the information
collection request; they will also become a matter of public record.
Debra A. Carr,
Director, Division of Policy and Program Development, Office of Federal
Contract Compliance Programs.
SUPPORTING STATEMENT
U.S. DEPARTMENT OF LABOR
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
AGREEMENT APPROVAL PROCESS FOR USE OF COMPLAINT FORM CC-4
OMB No.1250-0002
A. JUSTIFICATION
The Office of Federal Contract Compliance Programs (OFCCP) is
responsible for administering three equal opportunity laws:
Executive Order 11246, as amended (E.O. 11246)
Section 503 of the Rehabilitation Act of 1973, as amended
(Section 503)
Vietnam Era Veterans' Readjustment Assistance Act of 1974,
as amended, 38 U.S.C. 4212 (VEVRAA)
E.O. 11246 prohibits federal contractors and subcontractors \2\
from discriminating in employment on the basis of race, color,
religion, sex, sexual orientation, gender identity, and national
origin. It also requires contractors to take affirmative action to
ensure that equal opportunity is provided in all aspects of their
employment. Additionally, E.O. 11246 prohibits contractors from taking
adverse employment actions against applicants and employees for asking
about, discussing, or sharing information about their pay or, in
certain circumstances, the pay of their co-workers. E.O. 11246 applies
to contractors holding a federal government contract or subcontract of
more than $10,000, or federal government contracts or subcontracts that
have, or can reasonably expect to have, an aggregate total value
exceeding $10,000 in a 12-month period. E.O. 11246 also applies to
federal government bills of lading, depositories of federal funds in
any amount, and to financial institutions that are issuing and paying
agents for U.S. savings bonds.
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\2\ Hereinafter, the use of the term ``contractor'' includes any
contractors and subcontractors covered by the laws enforced by
OFCCP. For E.O. 11246, the term includes federally assisted
construction contractors.
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Section 503 prohibits discrimination by covered contractors against
individuals on the basis of disability, and requires affirmative action
on behalf of qualified individuals with disabilities. Section 503
requirements apply to federal contracts and subcontracts in excess of
$15,000.\3\
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\3\ Effective October 1, 2010, the coverage threshold under
Section 503 increased from $10,000 to $15,000, in accordance with
the inflationary adjustment requirements in 41 U.S.C. 1908. See,
Federal Acquisition Regulation; Inflation Adjustment of Acquisition-
Related Thresholds, 75 CFR 53129 (Aug. 30, 2010).
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VEVRAA prohibits employment discrimination against protected
veterans, namely disabled veterans, recently separated veterans, active
duty wartime or campaign badge veterans, and Armed Forces service medal
veterans. VEVRAA requires contractors to take affirmative action to
hire, advance in employment and otherwise treat protected veterans
without discrimination. VEVRAA requirements apply to federal contracts
and subcontracts of $150,000 or more.\4\
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\4\ Effective October 1, 2015, the coverage threshold under
VEVRAA increased from $100,000 to $150,000, in accordance with the
inflationary adjustment requirements in 41 U.S.C. 1908. See, Federal
Acquisition Regulation; Inflation Adjustment of Acquisition-Related
Thresholds, 80 FR 38293 (July 2, 2015).
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Pursuant to the upcoming expiration of OMB No. 1250-0002, this
information collection request (ICR) seeks approval of OFCCP's
complaint information collection form, titled ``Complaint Involving
Employment Discrimination by a Federal Contractor or Subcontractor
(``complaint form'' or ``Form CC-4''). This ICR also seeks approval of
the revised complaint form and accompanying instructions page to
reflect two amendments to Executive Order 11246: (1) Executive Order
13762, which added ``sexual orientation'' and ``gender identity'' as
protected bases \5\ and (2) Executive Order 13665, which added a basis
to protect any applicant or employee who inquires about, discusses, or
discloses compensation.\6\ There are no substantive changes to the
complaint form that impact burden.
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\5\ See, Executive Order 13672, Further Amendments to Executive
Order 11478, Equal Employment
Opportunity in the Federal Government, and Executive Order
11246, Equal Employment Opportunity, 79 FR 42971 (July 23, 2014).
\6\ See, Executive Order 13665, Non-Retaliation for Disclosure
of Compensation Information, 70 FR 20749 (April 11, 2014).
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1. LEGAL AND ADMINISTRATIVE REQUIREMENTS
No private right of action exists under E.O. 11246, Section 503 or
VEVRAA, which means that a private individual may not bring a lawsuit
against an employer or prospective employer for noncompliance with its
obligations under the authorities enforced by OFCCP. However, any
employee or applicant for employment with a contractor may use a
complaint form to file a complaint with OFCCP alleging discrimination
or failure to comply with affirmative action obligations.\7\ OFCCP
investigates these complaints and retains the discretion whether to
pursue administrative or judicial enforcement.
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\7\ Under Section 503 of the Rehabilitation Act of 1973 and the
Vietnam Era Veterans' Act of 1974 individuals may file a complaint
based on a contractor's failure to comply with its affirmative
action obligations. See, 41 CFR 60-300.61(a) and 41 CFR 60-
741.61(b).
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To file a complaint with OFCCP, a complainant or authorized
representative may complete Form CC-4. Alternatively, a complainant may
send a letter including the name, address, and telephone number of the
complainant, the name and address of the contractor or subcontractor
and a description of the acts considered to be discriminatory and any
other pertinent information.
A complaint alleging discrimination based on race, color, religion,
sex, sexual orientation, gender identity, or national origin must be
filed within 180 days from the date of the alleged discrimination,
unless the time for filing is extended for good cause shown.
Complainants alleging discrimination for discussing, disclosing, or
inquiring about pay also have 180 days from the date of the alleged
discrimination to file a complaint. If the complaint alleges a
violation based on disability or status as a protected veteran, the
complaint must be filed within 300 days unless the time for filing is
extended for good cause shown. Some examples of what may constitute
good cause include: mental or
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physical incapacity; military deployment, incarceration, or possibly
being unaware of the discrimination; misleading information provided by
the employer or Agency that prevents or delays filing; or information
withheld by the employer that prevents or delays filing.
OFCCP may refer complaints filed on bases covered under Executive
Order 11246 or Section 503 to the U.S. Equal Employment Opportunity
Commission (EEOC) as described in the most recent formal agreement
entered into by OFCCP and the EEOC.\8\ Complaints filed under Section
503 may be referred to EEOC using the procedures found at 41 CFR 60-
742.5(d) and 29 CFR 1641.5(e). OFCCP investigates all complaints filed
under VEVRAA.
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\8\ OFCCP has a Memorandum of Understanding with EEOC that
includes coordinated processing of E.O. 11246 complaints,
``Coordination of Functions; Memorandum of Understanding,'' 76 FR
71029 (Nov. 16, 2011). See also, 41 CFR 60-1.24(a).
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2. USE OF COLLECTED MATERIAL
The complaint form is used by OFCCP staff as the first step in the
initiation of a complaint investigation. If the complaint is timely and
appears to raise discrimination or retaliation issues within OFCCP's
jurisdiction, then a complaint investigation is initiated. A
standardized complaint form helps guide complainants in providing
important information about their discrimination allegations and
reduces the time it takes OFCCP staff to determine jurisdiction. This
form improves efficiency in responding to complainants and in
initiating investigations.
3. USE OF INFORMATION TECHNOLOGY
Complainants can download or electronically submit the complaint
form via OFCCP's Web site at http://www.dol.gov/ofccp/regs/compliance/pdf/pdfstart.htm.
4. DESCRIPTION OF EFFORTS TO IDENTIFY DUPLICATION
Information collected on the complaint form is unique to the
individual complainant and no duplication is possible.
5. IMPACT ON SMALL BUSINESSES
OFCCP complaints are not filed by business entities but by non-
business entities such as individuals or organizations. Therefore, this
information collection does not have a significant economic impact on a
substantial number of small entities.
6. CONSEQUENCES IF INFORMATION WERE COLLECTED LESS FREQUENTLY
There is no schedule for the collection of this information.
Nonetheless, if OFCCP did not collect this information, there could be
a detrimental impact on its ability to carry out its mission and
enforce the non-discrimination protections and affirmative action
obligations in E.O. 11246, Section 503, and VEVRAA.
7. SPECIAL CIRCUMSTANCES
There are no special circumstances for the collection of this
information.
8. CONSULTATION OUTSIDE THE AGENCY
OFCCP will address public comments at the end of the 60-day public
comment period.
9. GIFTS OR PAYMENTS
OFCCP does not provide gifts or payments to respondents.
10. CONFIDENTIALITY OF INFORMATION
OFCCP complies with the Privacy Act by maintaining confidentiality
of the information collected on the complaint form. However, during a
complaint investigation, the agency will provide a copy of the
complaint form to the contractor and the information contained on the
form may be used in the course of settlement negotiations with the
contractor and/or in the course of presenting possible disclosure to
opposing counsel. Before providing a copy of the complaint form, the
agency redacts it to protect confidential information that would easily
identify someone other than the complainant. A Privacy Act disclosure
statement is included in the instructions for the complaint form, which
explains the protections afforded to the information collected on the
complaint form and describes how the information may be used in
settlement negotiations, verified or disclosed.
11. QUESTIONS OF SENSITIVE NATURE
Although the complaint form does not specifically request sensitive
or protected information, the complainant may disclose such information
when describing the circumstances that led to filing the complaint. As
noted above, a Privacy Act disclosure statement is included in the
instructions with the form.
12. INFORMATION COLLECTION HOUR BURDEN
OFCCP received 790 complaints in fiscal year (FY) 2013, 699
complaints in FY 2014, and 769 complaints in FY 2015, which amount to
an average of 753 complaints over the last three fiscal years. Based on
its experience with complainants and staff, OFCCP estimates that it
takes approximately one hour for the completion and submission of the
complaint form. OFCCP projects that this information collection will
impose a burden of 753 hours to respondents (average rate of 753 annual
complaints multiplied by one hour).
OFCCP estimates that the cost of completing the CC-4 is $16,671
(i.e., 753 hours multiplied by $22.14 per hour).\9\ OFCCP assumes the
maximum cost burden of completing a complaint form by calculating in
the cost estimate that all complainants lose an hour of work to file a
complaint.
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\9\ OFCCP used the average amount that private industry
employers spend in employee wages and salaries as reported in
Employer Costs for Employee Compensation, December 2015, United
States Department of Labor, Bureau of Labor Statistics, Table 5,
available at http://www.bls.gov/schedule/archives/ecec_nr.htm.
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13. INFORMATION COLLECTION COST BURDEN
There are no capital or start-up costs or total operation,
maintenance or purchase of services components with filing a complaint.
The cost for the complainant is estimated at $0.82 ($0.47 for a stamp
to mail the complaint; $0.30 for paper and copying the two sheets of
paper; and $0.05 for an envelope). OFCCP receives an annual average of
753 complaints and estimates that approximately 90 percent of
complaints are submitted electronically by facsimile or email while the
other 10 percent are submitted by mail. Therefore, OFCCP estimates that
the 10 percent, or 75 complaints, will cost complainants $61.50
annually (75 complaints multiplied by $0.82).
14. COST TO FEDERAL GOVERNMENT
The cost to the Federal Government (OFCCP) for receiving the forms,
reviewing them for jurisdiction and timeliness, and determining their
disposition is estimated at $59,645.13 (753 complaints multiplied by a
cumulative labor cost of $79.21 per complaint).
The Federal labor cost reflects the 2.25 hours it takes OFCCP staff
to process the form and includes one hour for an administrative support
staff (GS-6) to review the complaint and check
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jurisdiction, one hour for a professional staff (GS-13) to verify the
jurisdiction and prepare correspondence, and 0.25 hours for a manager
(GS-14) to review and sign the documents. This cost was determined by
surveying OFCCP's regional offices on the amount of time it takes to
process a complaint. The calculation for the labor costs are detailed
below.
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Total (wage
Grade/step Wage rate \10\ Time (hours) rate x hours)
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6/10............................................................ $19.62 1 $19.62
13/10........................................................... 46.00 1 46.00
14/10........................................................... 54.36 0.25 13.59
Cumulative labor cost per complaint......................... .............. .............. 79.21
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15. PROGRAM CHANGES OR BURDEN ADJUSTMENTS
Based on the three-year average of complaints received, OFCCP
expects to process more complaints (753) than under the previous
approved ICR (747). The small increase in burden hours is detailed in
the chart below.
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\10\ Average hourly rates are from the Office of Personnel
Management (OPM) 2016 General Schedule Salary Table.
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Burden
Responses hours
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Current........................................... 747 747
Proposed.......................................... 753 753
Adjustment increase............................... +6 +6
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16. PUBLICATION OF DATA FOR STATISTICAL USE
OFCCP will not publish the data collected on the CC-4.
17. APPROVAL NOT TO DISPLAY THE EXPIRATION DATE
OFCCP is not seeking approval to not display the expiration date in
this information request.
18. EXCEPTION TO THE CERTIFICATION STATEMENT
OFCCP is not seeking exceptions to the certification statement in
this information request.
B. STATISTICAL METHODS
This information collection does not use statistical methods.
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Instruction Sheet
Use this form to file a complaint against an employer for violating
any of the three laws the Office of Federal Contract Compliance
Programs (OFCCP) enforces:
Executive Order 11246, as amended;
Section 503 of the Rehabilitation Act of 1973, as amended;
and the
Vietnam Era Veterans' Readjustment Assistance Act of 1974,
as amended.
These laws make it illegal for companies doing business with the
Federal Government to discriminate against job applicants and employees
based on race, color, religion, sex, sexual orientation, gender
identity, national origin, disability status and status as a protected
veteran. This includes discrimination in pay and other forms of
compensation. Executive Order 11246, as amended, also prohibits federal
contractors from discriminating against applicants and employees for
inquiring about, discussing, or disclosing compensation.
In addition, it is illegal for these companies to retaliate or
otherwise take employment actions that negatively affect job applicants
and employees because they filed a complaint, opposed acts or practices
made unlawful by OFCCP's laws, or provided information or assistance
during a compliance evaluation or complaint investigation. Retaliatory
actions include any intimidation, threat, coercion or discrimination.
General Instructions:
Print or type the information when filling in the form. Tell us
what happened, why you believe it was discrimination or retaliation,
and who took the actions you described. Also, explain where and when
these things happened, who saw it, and who may have information about
what happened to you. Your signature is required on the complaint form,
and if it is not on the form when you submit it, we will ask you to
sign it.
The form includes a place for you to select the reason why you
believe your employer discriminated or retaliated against you. If you
believe you may have been discriminated or retaliated against for
multiple reasons, such as race and sex, select all the protected bases
that apply.
When describing what happened, tell us how it changed your work.
For example, let us know if it caused you not to be hired for a job;
caused you to be fired, laid off, demoted, or denied a promotion; or
caused you to lose seniority or have your job assignment changed. You
may have also been paid less than others doing the same or similar
work. We also want to know if what happened involved training,
pregnancy leave, harassment, accommodation for a disability or for
religious observances, or segregation of facilities.
You can use a separate piece of paper if you need more space to
describe what happened to you. Remember to attach the piece of paper to
the complaint form when you are done.
If you are filing a complaint of discrimination because of your
veteran status, remember to attach your Certificate of Release or
Discharge from Active Duty (also known as DD Form 214). If one is not
provided, we will ask you to provide one later. There are several
categories of veterans protected by VEVRAA: disabled veterans, veterans
separated from service for no more than three years, active duty
wartime or campaign badge veterans, and armed forces service medal
veterans. For more details on these categories, visit OFCCP's Web site
at http://www.dol.gov/ofccp/posters/Infographics/ProtectedVet.htm.
Where to file the complaint?
You should send the completed form to the OFCCP regional office
that covers the state where the alleged discrimination happened. Send
OFCCP your form by U.S. mail, fax, or email. A list of regional offices
and the states that each office covers can be found on the OFCCP Web
site at: http://www.dol.gov/ofccp/contacts/regkeyp.htm.
When to file a complaint?
Complaints based on your race, color, religion, sex, sexual
orientation, gender identity, or national origin, must be filed within
180 days of the action(s) taken by your employer that you think was
either discrimination or retaliation. The same 180-day time frame
applies to pay transparency complaints alleging discrimination for
discussing, disclosing, or inquiring about pay.
Complaints based on your disability or status as a protected
veteran must be filed within 300 days of the action(s) taken by your
employer that you think was either discrimination or retaliation.
Privacy Act Statement
The collection of information using this form is authorized by the
laws OFCCP enforces, Title VII of the Civil Rights Act of 1964 (Title
VII), as amended, and Title I of the Americans with Disabilities Act of
1990 (ADA), as amended. OFCCP uses this information to process
complaints and conduct investigations of alleged violations of these
employment discrimination laws. OFCCP will provide a copy of this
complaint to the employer against whom it is filed, and when the
matters alleged are covered by Title VII and/or the ADA, to the U.S.
Equal Employment Opportunity Commission (EEOC). The information
collected may be: 1) verified with others who may have knowledge
relevant to the complaint; 2) used in settlement negotiations with the
employer or in the course of presenting evidence at a hearing; or 3)
disclosed to other agencies with jurisdiction over the complaint.
Providing this information is voluntary; however, failure to
provide the information may delay or prevent OFCCP from investigating
your complaint and, for matters covered by Title VII or the ADA, may
affect your right to sue under those laws.
Public Burden Statement
The estimated time to complete this form is 1 hour, including time
for reviewing instructions, filling out the form and sending it to
OFCCP. Please note that you are not required to respond to this
collection of information unless it displays a currently valid OMB
Control Number.
If you have comments regarding the estimated burden or any other
aspect of this complaint form, including suggestions for reducing the
burden, send them to the OFCCP Policy Division (1250-0002), 200
Constitution Avenue NW., Room C3325, Washington, DC 20210. Please do
not send the completed complaint form to this address.
[FR Doc. 2016-15671 Filed 6-30-16; 8:45 am]
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