[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Notices]
[Page 500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29254]


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 Notices
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  Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / 
Notices  

[[Page 500]]



DEPARTMENT OF COMMERCE


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Notice 
of Withdrawal; Reporting Process for Complaint of Employment 
Discrimination Based on Sexual Orientation Against the Department of 
Commerce

AGENCY: Office of the Secretary, Office of Civil Rights, Commerce.

ACTION: Notice; withdrawal.

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SUMMARY: On Thursday, October 1, 2020, the Department of Commerce (DOC) 
published a notice entitled, ``Agency Information Collection 
Activities: Proposed Collection; Comment Request; Reporting Process for 
Complaint of Employment Discrimination Based on Sexual Orientation 
Against the Department of Commerce.'' That notice invited public 
comments on the proposed, and continuing information collection request 
for OMB Control Number 0694-0024, Form Number: CD-545. Through the 
publication of this document, we are withdrawing the request for 
approval from the Office of Management and Budget (OMB) to collect this 
information collection.

DATES: The request for public comment preceding submission of the 
collection to OMB published on October 1, 2020 and ended November 30, 
2020.

SUPPLEMENTARY INFORMATION:  In a notice published in the Federal 
Register on October 1, 2020 (85 FR 61923), the Department of Commerce 
proposed to extend the information collection for the Form CD-545. 
However, we are withdrawing the request for this collection approval 
from the Office of Management and Budget (OMB), and instead, we are 
discontinuing the Form CD-545.

Background

    Executive Order (E.O.) 13087, issued on May 28, 1998, amended E.O. 
11478, Equal Employment Opportunity in the Federal Government, to 
include sexual orientation as a prohibited basis of discrimination in 
Federal employment. Consistent with this E.O., Department 
Administrative Order (DAO) 215-11, Complaint Process for Sexual 
Orientation Discrimination, was established in 1999 to provide 
Department of Commerce employees and applicants for employment with a 
Department-wide and uniform complaint process by which to seek redress 
for claims of sexual orientation discrimination. Form CD-545 has been 
used in connection with the Department of Commerce's Complaint Process 
for Sexual Orientation Discrimination.
    At the time DAO 215-11 was established and many years thereafter, 
Department employees and applicants were unable to pursue sexual 
orientation discrimination claims under Title VII of the Civil Rights 
Act of 1964, as amended, and thus could not utilize the process 
afforded to Federal employees and applicants outlined in Title 29, Code 
of Federal Regulations (CFR), Part 1614. However, the Supreme Court, in 
Bostock v. Clayton County, 140 S. Ct. 1731 (2020), recently interpreted 
the prohibition against sex-based discrimination contained in Title VII 
of the Civil Rights Act of 1964, as amended, to include sexual 
orientation discrimination in Federal employment. As such, Department 
employees and applicants are now able to pursue sexual orientation 
discrimination claims under Title VII of the Civil Rights Act of 1964, 
as amended, and may utilize the process afforded to Federal employees 
and applicants outlined in 29 CFR part 1614.
    In response to the request for public comment, comments were 
received from Lisa Schnall, Senior Attorney Advisor, Office of Legal 
Counsel, Equal Employment Opportunity Commission, on November 30, 2020, 
concerning Form CD-545 (Complaint of Employment Discrimination Based on 
Sexual Orientation Against the Department of Commerce). In her 
comments, Ms. Schnall cited the Supreme Court's decision in Bostock v. 
Clayton County holding that the prohibition of sex discrimination in 
Title VII of the Civil Rights Act of 1964, as amended, prohibits 
discrimination based on sexual orientation, and recommended that the 
Department of Commerce withdraw Form CD-545, commenting that 
withdrawing the form would streamline and enhance the efficiency of the 
complaint process by ensuring that complaints of protected employment 
discrimination are reported on an existing form currently in use at the 
Department of Commerce.
    Since the matter of sexual orientation being a form of prohibited 
sex discrimination has now been decided with finality, we agree that 
withdrawing Form CD-545 would streamline and enhance the efficiency of 
the process for raising claims of sexual orientation and are therefore 
requesting the form's discontinuation.
    Paul Redpath, Chief, Program Implementation Division, Office of 
Civil Rights, Department of Commerce, approved the publication of this 
Notice in the Federal Register.

    Dated: December 31, 2020.
Sheleen Dumas,
Department PRA Clearance Officer, Office of the Chief Information 
Officer, Commerce Department.
[FR Doc. 2020-29254 Filed 1-5-21; 8:45 am]
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