[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