[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Notices]
[Pages 2971-2973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00811]


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DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs


Proposed Renewal of the Approval of Information Collection 
Requirements; Comment Request

AGENCY: Office of Federal Contract Compliance Programs, Labor.

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). The program helps 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 
obtain approval from the Office of Management and Budget (OMB) for 
renewal of the information collection for its complaint program. OFCCP 
is requesting OMB approval for two information collection instruments: 
revisions to the existing ``Form CC-4, Complaint Involving Employment 
Discrimination by a Federal Contractor or Subcontractor'' (Form CC-4) 
and a new instrument, ``Form CC-390 Pre-Complaint Inquiry for 
Employment Discrimination Involving a Federal Contractor or 
Subcontractor'' (Form CC-390). The current OMB approval for Form CC-4 
expires on May 31, 2023. 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 March 20, 2023.

ADDRESSES: You may submit comments by any of the following methods:
    Electronic comments: The federal eRulemaking portal at 
www.regulations.gov. Follow the instructions found on that website for 
submitting comments.
    Mail, Hand Delivery, Courier: Addressed to Tina T. Williams, 
Director, Division of Policy and Program Development, Office of Federal 
Contract Compliance Programs, 200 Constitution Avenue NW, Room C-3325, 
Washington, DC 20210.
    Instructions: Please submit one copy of your comments by only one 
method. For faster submission, we encourage commenters to transmit 
their comment electronically via the www.regulations.gov website. 
Comments that are mailed to the address provided above must be 
postmarked before the close of the comment period. All submissions must

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include OFCCP's name for identification. Comments submitted in response 
to the notice, including any personal information provided, become a 
matter of public record and will be posted on www.regulations.gov. 
Comments will also be summarized and/or included in the request for OMB 
approval of the information collection request.

FOR FURTHER INFORMATION CONTACT: Tina T. Williams, 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 or toll free at 1-800-
397-6251. If you are deaf, hard of hearing, or have a speech 
disability, please dial 7-1-1 to access telecommunications relay 
services. 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 authorities listed below.

 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 (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 other OFCCP contractor obligations. 
Currently, OFCCP encourages such employees and applicants to file their 
complaints by completing its complaint form (``Form CC-4''). OFCCP 
investigates certain complaints and refers others to agencies that may 
have jurisdiction. For example, 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 retains all complaints filed 
under VEVRAA.
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    \1\ See 41 CFR 60-1.24(a) and 41 CFR 60-742.5.
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    Where OFCCP investigates a complaint and finds one or more 
violations of equal opportunity requirements, the agency engages in 
conciliation with the contractor to resolve the matter. Where that is 
not successful, OFCCP determines whether to bring an enforcement action 
through an administrative or judicial proceeding.
    OFCCP is proposing to modify its complaint intake procedures to 
adopt a two-step complaint intake process. EEOC has long utilized a 
two-step intake process.\2\ OFCCP proposes that as a first step, 
applicants and employees of contractors, their authorized 
representatives, or third parties would submit to OFCCP a pre-complaint 
inquiry providing basic information on their allegation(s) and contact 
information (Form CC-390). When OFCCP receives a pre-complaint inquiry, 
OFCCP will assess (1) whether the allegations are timely; (2) whether 
the inquiry falls under OFCCP's jurisdiction; and (3) whether the 
inquiry should be investigated, closed or referred to another agency. 
If OFCCP determines it would likely investigate the matter, OFCCP will 
provide the inquiry submitter (``submitter'') with information on 
filing a complaint (Form CC-4), including information on the anti-
retaliation protections under the authorities OFCCP enforces. If OFCCP 
determines that OFCCP would refer the matter to another agency, it will 
provide the submitter with information on the referral and send a copy 
of the pre-complaint inquiry to the other agency for review. If OFCCP 
determines that the allegations provided in the inquiry are untimely or 
are not within OFCCP's authority, OFCCP will contact the submitter to 
explain why OFCCP would likely not investigate the matter if a 
complaint were filed. The decision to file a complaint with OFCCP lies 
with the submitter. Once OFCCP receives a completed complaint form, 
OFCCP will assign the matter for investigation, and OFCCP will notify 
the employer (contractor) of the complaint and investigation. By 
implementing this new process, OFCCP will improve the efficiency of its 
complaint intake process.
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    \2\ See EEOC, How to File a Charge of Employment Discrimination, 
https://www.eeoc.gov/how-file-charge-employment-discrimination (last 
accessed Dec. 9, 2022) (describing EEOC's pre-charge inquiry and 
charge filing process).
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    OFCCP is requesting approval of Form CC-390, which applicants and 
employees of contractors, their authorized representatives, or third 
parties will use to submit a pre-complaint inquiry. Additionally, OFCCP 
is requesting approval for changes to the existing Form CC-4, including 
formatting changes for consistency with the proposed pre-complaint 
inquiry form and clarifying revisions to portions of the form to 
improve useability.
    Under E.O. 11246, section 206(b) provides the authority for 
collection of complaint information. The implementing regulations that 
specify the content of this information collection are found at 41 CFR 
60-1.23. Under VEVRAA, the authority for collecting complaint 
information is at 38 U.S.C. 4212(b) and the implementing regulations 
that 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 that 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 and 
Form CC-390.
    II. Review Focus: OFCCP is particularly interested in comments 
that:
     Evaluate the proposed pre-complaint inquiry form and the 
proposed changes to the complaint form;
     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;

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     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.
    III. Current Actions: OFCCP seeks the approval of these information 
collection instruments in order to carry out its responsibility to 
enforce the affirmative action and nondiscrimination provisions of the 
three authorities it administers.
    Type of Review: Renewal.
    Agency: Office of Federal Contract Compliance Programs.
    Title: Complaint Involving Employment Discrimination by a Federal 
Contractor or Subcontractor.
    OMB Number: 1250-0002.
    Agency Number: None.
    Affected Public: Business or other for profit; individuals.
    Total Respondents: 1,618 respondents for the pre-complaint inquiry; 
100 respondents for the formal complaint.
    Total Annual Responses: 1,618 respondents for the pre-complaint 
inquiry; 100 respondents for the formal complaint.
    Average Time per Response: .25 hour for the pre-complaint inquiry; 
1 hour for the formal complaint.
    Estimated Total Burden Hours: 505 hours.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $1,648.
    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.

Christopher S. Seely,
Deputy Director, Division of Policy and Program Development, Office of 
Federal Contract Compliance Programs.
[FR Doc. 2023-00811 Filed 1-17-23; 8:45 am]
BILLING CODE 4510-CM-P