[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]
 BILLING CODE 4510-CM-P