[Federal Register Volume 85, Number 246 (Tuesday, December 22, 2020)]
[Notices]
[Pages 83513-83514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28171]


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DEPARTMENT OF COMMERCE


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Reporting Process for Complaint of Employment 
Discrimination Used by Permanent Employees and Applicants for 
Employment at DOC and Complaint of Employment Discrimination for the 
Decennial Census

    The Department of Commerce will submit the following information 
collection request to the Office of Management and Budget (OMB) for 
review and clearance in accordance with the Paperwork Reduction Act of 
1995, on or after the date of publication of this notice. We invite the 
general public and other Federal agencies to comment on proposed, and 
continuing information collections, which helps us assess the impact of 
our information collection requirements and minimize the public's 
reporting burden. Public comments were previously requested via the 
Federal Register on October 1, 2020 during a 60-day comment period. We 
received public comments. This notice allows for an additional 30 days 
for public comments.
    Agency: Office of the Secretary, Office of Civil Rights, Commerce.

[[Page 83514]]

    Title: Complaint of Employment Discrimination against the 
Department of Commerce.
    OMB Control Number: 0690-0015.
    Form Number(s): CD-498, 498-A.
    Type of Request: Regular (extension of a currently approved 
information collection).
    Number of Respondents: 600.
    Average Hours per Response: 30.
    Burden Hours: 300.
    Needs and Uses: The Equal Employment Opportunity Commission (EEOC) 
regulations at 29 CFR 1614.106 require that a Federal employee or 
applicant for Federal employment alleging discrimination based on race, 
color, sex, national origin, religion, age, disability, or reprisal for 
protected activity must submit a signed statement that is sufficiently 
precise to identify the actions or practices that form the bases of the 
complaint. The individual completing the form is asked to identify the 
bureau at which the alleged discrimination took place, and whether the 
individual worked at that bureau at the time of the alleged 
discrimination. The individual completing the form is also asked to 
describe the alleged discriminatory action(s) as clearly as possible 
and include the date(s) and to articulate the basis or bases of the 
complaint (race, color, sex, etc.). Further, the individual completing 
the form is asked to identify the remedy(ies) sought for the alleged 
discrimination. Although complainants are not required to use the 
proposed form to file their complaints, the Office of Civil Rights 
strongly encourages its use to ensure efficient case processing and 
trend analyses of complaint activity.
    The notice requesting public comment was published in the Federal 
Register on October 1, 2020, 85 FR 61923. Public comment was received 
from Lisa Schnall, Senior Attorney Advisor, Office of Legal Counsel, 
Equal Employment Opportunity Commission on November 30, 2020.
    With respect to the CD-498 and CD-498A forms specifically, Ms. 
Schnall recommended that the Department of Commerce update information 
on Form CD-498A regarding the processing of sexual orientation 
discrimination complaints and ensure that Forms CD-498 and 498A include 
comprehensive lists of the protected bases under federal employment 
discrimination laws. Ms. Schnall also suggested that the Department of 
Commerce add the legal citation for 42 U.S.C. 2000ff and ``genetic 
information'' (or ``genetic information (such as family medical 
history'') to the Privacy Act Statement. Ms. Schnall also suggested 
that the Department of Commerce (3) ensure that the disclosure 
provisions applicable to Forms CD-498 and CD-498A are consistent with 
the confidentiality requirements of the Rehabilitation Act of 1973, as 
amended (Rehabilitation Act) and Title II of the Genetic Information 
Nondiscrimination Act (GINA). Ms. Schnall further recommended that the 
Department of Commerce provide options for agency applicants and 
employees to submit employment discrimination complaint forms and 
related information safely and expeditiously during the pandemic.
    In response to the public comment received, the Department of 
Commerce has updated information on Form CD-498A regarding the 
processing of sexual orientation discrimination complaints and has 
included comprehensive lists of the protected bases under federal 
employment discrimination laws to both forms CD-498 and CD-498A. 
Additionally, the Department of Commerce has added the legal citation 
for 42 U.S.C. 2000ff and ``genetic information'' (or ``genetic 
information (such as family medical history'') to the Privacy Act 
Statement in form CD-498A. Further, the Department of Commerce has 
added language to help ensure that the disclosure provisions applicable 
to Forms CD-498 and CD-498A are consistent with the confidentiality 
requirements of the Rehabilitation Act of 1973, as amended 
(Rehabilitation Act) and Title II of the Genetic Information 
Nondiscrimination Act (GINA). Last, with respect to the recommendation 
regarding the Department of Commerce providing options for agency 
applicants and employees to submit employment discrimination complaint 
forms and related information safely and expeditiously during the 
pandemic, the Department of Commerce currently has an effective 
procedure in place which addresses this concern (i.e., the option to 
submit complaint forms by email to the Office of Civil Rights or to the 
applicable Bureau EEO Officer is noted on the Notice of Right to File 
which is issued to complainants and which accompanies the CD-498 or CD-
498A).
    Affected Public: Individuals and households.
    Frequency: On occasion.
    Respondent's Obligation: Voluntary.
    Legal Authority: 29 CFR 1614.106.
    This information collection request may be viewed at 
www.reginfo.gov. Follow the instructions to view the Department of 
Commerce collections currently under review by OMB.
    Written comments and recommendations for the proposed information 
collection should be submitted within 30 days of the publication of 
this notice on the following website 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 and entering either the title of the collection or the OMB 
Control Number 0690-0015.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2020-28171 Filed 12-21-20; 8:45 am]
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