Proposed Extension of the Approval of Information Collection Requirements, 6924-6932 [2014-02426]
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Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Notices
overall effectiveness of SWAs’ UI
integrity efforts can be determined by
examining and analyzing the data.
These data are also used by SWAs as a
management tool for effective UI
program administration.
II. Review Focus
The Department 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.
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III. Current Actions
Type of Review: Extension without
revision.
Title: Overpayment Detection and
Recovery Activities.
OMB Number: 1205–0187.
Affected Public: State workforce
agencies.
Estimated Total Annual Respondents:
53 state agencies.
Annual Frequency: Quarterly.
Estimated Total Annual Responses:
212.
Average Time per Response: 14 hours.
Estimated Total Burden Hours: 2,968.
Total Estimated Annual Other Cost
Burden: $0.
Comments submitted in response to
this comment request will be
summarized and/or included in the
request for OMB approval of the ICR;
they will also become a matter of public
record.
Dated: January17, 2014.
Eric M. Seleznow,
Acting Assistant Secretary for Employment
and Training, Labor.
[FR Doc. 2014–02435 Filed 2–4–14; 8:45 am]
BILLING CODE 4510–FW–P
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DEPARTMENT OF LABOR
Employment and Training
Administration
Announcement Regarding a Change In
Eligibility for Unemployment Insurance
(UI) Claimants In Alaska in the
Emergency Unemployment
Compensation 2008 (EUC08) Program
Employment and Training
Administration, Labor.
ACTION: Notice.
AGENCY:
The U.S. Department of Labor
(Department) produces trigger notices
indicating which states qualify for
EUC08 benefits, and provides the
beginning and ending dates of payable
periods for each qualifying state. The
trigger notices covering state eligibility
for this program can be found at:
https://ows.doleta.gov/unemploy/claims_
arch.asp.
The following changes have occurred
since the publication of the last notice
regarding states EUC08 trigger status:
• Alaska triggers ‘‘on’’ to Tier 3 of
EUC08 effective 12/8/2013.
Alaska’s 13-week insured
unemployment rate for the week ending
November 23, 2013, was 4.06%,
exceeding the 4.0% trigger rate
threshold necessary to trigger ‘‘on’’ Tier
3 of EUC08. The week beginning
December 8, 2013, was the first week in
which EUC08 claimants in Alaska who
had exhausted Tier 2, and were
otherwise eligible, could establish Tier
3 eligibility.
Constitution Avenue NW., Frances
Perkins Bldg. Room S–4524,
Washington, DC 20210, telephone
number (202) 693–3176 (this is not a
toll-free number) or by email:
sznoluch.anatoli@dol.gov.
Signed in Washington, DC, this 10th day of
January, 2014.
Eric M. Seleznow,
Acting Assistant Secretary for Employment
and Training.
[FR Doc. 2014–02430 Filed 2–4–14; 8:45 am]
BILLING CODE 4510–FW–P
SUMMARY:
Information for Claimants
The duration of benefits payable in
the EUC08 program, and the terms and
conditions under which they are
payable, are governed by public laws
110–252, 110–449, 111–5, 111–92, 111–
118, 111–144, 111–157, 111–205, 111–
312, 112–96, and 112–240, and the
operating instructions issued to the
states by the Department.
In the case of a state beginning or
concluding a payable period in EUC08,
the State Workforce Agency (SWA) will
furnish a written notice of any change
in potential entitlement to each
individual who could establish, or had
established, eligibility for benefits (20
CFR 615.13(c)(1) and (c)(4)). Persons
who believe they may be entitled to
benefits in the EUC08 program, or who
wish to inquire about their rights under
this program, should contact their SWA.
FOR FURTHER INFORMATION CONTACT:
Tony Sznoluch, U.S. Department of
Labor, Employment and Training
Administration, Office of
Unemployment Insurance, 200
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DEPARTMENT OF LABOR
Office of Federal Contract Compliance
Programs
Proposed Extension of the Approval of
Information Collection Requirements
Office of Federal Contract
Compliance Programs, Labor.
ACTION: Notice.
AGENCY:
The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a preclearance 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
(PRA95). 44 U.S.C. 3506(c)(2)(A). 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. Currently, the Office
of Federal Contract Compliance
Programs is soliciting comments
concerning its proposal to extend the
Office of Management and Budget
(OMB) approval of the Information
Collection: Complaint Form CC–4,
Complaint of Employment
Discrimination by Federal Government
Contractors and Subcontractors. 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.
DATES: Written comments must be
submitted to the office listed in the
addresses section below on or before
April 7, 2014.
ADDRESSES: You may submit comments,
identified by Control Number 1250–
0002, by either one of the following
methods:
SUMMARY:
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Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Notices
Electronic comments: Through the
federal eRulemaking Portal at https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail, Hand Delivery, Courier: Address
comments to Debra Carr, Director,
Division of Policy, Planning and
Program Development, Office of Federal
Contract Compliance Programs, 200
Constitution Avenue NW., Room C3325,
Washington, DC 20210. Telephone:
(202) 693–0103 (voice) or (202) 693–
1337 (TTY).
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. Because we
continue to experience delays in
receiving mail in the Washington, DC
area, commenters are strongly
encouraged to either transmit their
comments electronically via the
regulations.gov Web site or 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 regulations.gov
Web site. They will also be summarized
and/or included in the request for Office
of Management and Budget approval of
the information collection request.
FOR FURTHER INFORMATION CONTACT:
Debra Carr, Director, Division of Policy,
Planning and Program Development,
Office of Federal Contract Compliance
Programs, 200 Constitution Avenue
NW., Room C3325, 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 (e.g. Large Print, Braille, Audio
Tape or Disc), upon request, by calling
(202) 693–0103 (not a toll-free number).
TTY/TDD callers may call (202) 693–
1337 (not a toll-free number) to obtain
information or request materials in
alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background: The Office of Federal
Contract Compliance Programs (OFCCP)
administers two equal opportunity laws
and an Executive Order that prohibit
discrimination based on race, color,
religion, sex, national origin, disability,
and status as a protected veteran by
Federal contractors and subcontractors
and require affirmative action to provide
equal employment opportunity:
Executive Order 11246, as amended;
Section 503 of the Rehabilitation Act of
1973, as amended (Section 503) and 38
U.S.C. 4212, the Vietnam Era Veteran’s
Readjustment Assistance Act of 1974, as
amended (VEVRAA). No private right of
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action exists under the three programs
that are enforced by the U.S.
Department of Labor (DOL), i.e. a
private individual may not bring a
lawsuit against an employer (or
prospective employer) for
noncompliance with its contractual
obligations under the laws enforced by
OFCCP. However, any employee or
applicant for employment with a
Federal Government contractor or
subcontractor may file a complaint with
the Department of Labor, OFCCP
alleging discrimination by completing a
Complaint of Employment
Discrimination by Federal Government
Contractors or Subcontractors form (CC–
4).1 OFCCP investigates the complaint
but retains the discretion whether to
pursue administrative or judicial
enforcement. If a complaint filed under
Executive Order 11246, as amended,
involves discrimination against only
one person, the OFCCP may refer it to
the U.S. Equal Employment
Opportunity Commission (EEOC). Such
referrals are made under a
Memorandum of Understanding
between the two federal agencies.
OFCCP generally investigates
complaints that involve groups of
people or indicate patterns of
discrimination. In addition, OFCCP also
investigates individual or group
complaints filed under Section 503 and
VEVRAA.
Under Executive Order 11246, as
amended, 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(a).
Under the Vietnam Era Veterans’
Readjustment Assistance Act of 1974, as
amended, the authority for collecting
complaints information is at 38 U.S.C.
4212(b). The implementing regulations
which specify the content of this
information collection are found at 41
CFR 60–250.61(b) and 41 CFR 60–
300.61(b). Section 503 of the
Rehabilitation Act of 1973, as amended,
is the authority for collecting complaint
information under the statute. The
implementing regulations which specify
the content of this information
collection are found at 41 CFR 60–
741.61(c). This information collection
request covers the recordkeeping and
reporting requirements for the
complaint form CC–4. A separate
information collection request covers
the recordkeeping and reporting
requirements for supply and service
1 Formerly Complaint of Discrimination in
Employment Under Federal Government Contracts.
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6925
industries, and is approved under OMB
1250–0003.
II. Review Focus: The 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: The DOL seeks
the approval of the extension of this
information in order to carry out its
responsibility to enforce the affirmative
action and non-discrimination
provisions of the three Authorities,
which it administers.
Type of Review: Renewal.
Agency: Office of Federal Contract
Compliance Programs.
Title: Complaint Form CC–4,
Complaint of Employment
Discrimination by Federal Government
Contractors or Subcontractors.
OMB Number: 1250–0002.
Agency Number: None.
Affected Public: Business or other forprofit, Not-for-profit institutions.
Total Respondents: 747.
Total Annual Responses: 747.
Average Time per Response: 1.0
hours.
Estimated Total Burden Hours: 747.
Frequency: On occasion.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintenance): $52.50.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
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Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Notices
Dated: January 24, 2014.
Debra A. Carr,
Director, Division of Policy, Planning and
Program Development, Office of Federal
Contract Compliance Programs.
SUPPORTING STATEMENT
DEPARTMENT OF LABOR
OFFICE OF FEDERAL CONTRACT
COMPLIANCE PROGRAMS
AGREEMENT APPROVAL PROCESS
FOR USE OF COMPLAINT
FORM CC–4
OMB No. 1250–0002
A. JUSTIFICATION
EXPLAIN THE CIRCUMSTANCES
THAT MAKE THE COLLECTION OF
INFORMATION NECESSARY.
The Office of Federal Contract
Compliance Programs (OFCCP)
administers two equal employment laws
and an Executive Order that prohibit
discrimination based on race, color,
religion, sex, national origin, disability,
and status as a protected veteran by
Federal contractors and require
affirmative action to provide equal
employment opportunity.
• Executive Order 11246, as amended
(EO 11246),2
• Section 503 of the Rehabilitation Act
of 1973, as amended (Section 503),3
and
• The Vietnam Era Veterans’
Readjustment Assistance Act of 1974,
as amended, 38 U.S.C. 4212
(VEVRAA).4
EO 11246 prohibits employment
discrimination on the basis of race,
color, religion, sex, or national origin.
EO 11246 applies to Federal contractors
and subcontractors, and to federallyassisted construction contractors and
subcontractors holding a Federal
Government contract or subcontract of
more than $10,000, or Federal
Government contracts or subcontracts
that have, or can reasonably expect to
have, an aggregate total value exceeding
$10,000 in a 12-month period. EO 11246
also applies to Federal Government bills
of lading, depositories of Federal funds
in any amount, and to financial
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2 The
authority for collection of complaint
information is Section 206 (b) of the Executive
Order. The implementing regulations which specify
the content of this information collection are found
at 41 CFR 60–1.23 (a).
3 The authority for collecting complaint
information under this statute is Section 503 (d) of
the Act. The implementing regulations which
specify the content of this information collection
are found at 41 CFR 60–741.61 (c).
4 The authority for collecting complaint
information under this statute is 38 U.S.C. 4212 (d).
The implementing regulations which specify the
content of this information collection are found at
41 CFR 60–300.61 (b).
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institutions that are issuing and paying
agents for U.S. Savings Bonds.
Section 503 prohibits employment
discrimination on the basis of disability,
and requires Federal contractors and
subcontractors to take affirmative action
to hire and promote qualified
individuals with disabilities. Its
requirements apply to Federal
contractors and subcontractors with a
Federal Government contract or
subcontract in excess of $10,000.
The affirmative action provisions of
VEVRAA prohibit employment
discrimination against protected
veterans and require Federal contractors
and subcontractors to take affirmative
action to hire and promote protected
veterans. Its requirements apply to
Federal contractors and subcontractors
with a Federal Government contract or
subcontract of $100,000 or more.
These programs require affirmative
action by Federal contractors and
subcontractors and prohibit
discrimination on the basis of race,
color, sex, religion, national origin,
status as a qualified individual with a
disability and protected veteran. No
private right of action exists under the
three OFCCP programs, i.e., a private
individual may not bring a lawsuit
against an employer or prospective
employer for noncompliance with its
obligations under the laws enforced by
OFCCP. However, any employee or
applicant for employment with a
Federal contractor or subcontractor may
file a complaint with OFCCP alleging
discrimination or lack of affirmative
action 5 by completing a complaint
form. OFCCP investigates the complaint
but retains the discretion whether to
pursue administrative or judicial
enforcement.
To file a complaint with OFCCP, a
complainant may either complete a
complaint form or send a letter
including the name, address, and
telephone number of the complainant,
the name and address of the contractor
or subcontractor and a description of the
acts considered to be discriminatory and
any other pertinent information. To
facilitate this process, OFCCP provides
a complainant with a complaint form
(CC–4) which is currently titled
‘‘Complaint of Discrimination in
Employment Under Federal
Government Contracts.’’ We are
proposing to change its name to
‘‘Complaint of Discrimination in
Employment by Federal Contractors or
Subcontractors’’ to give users a better
5 Under Section 503 of the Rehabilitation Act of
1973 and the Vietnam Era Veterans’ Act of 1974
individuals may file a complaint based on a
contractor’s failure to take affirmative action.
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understanding of the purpose of the
form and its use. As a part of this ICR
package, OFCCP is also proposing to
revise and update its complaint form to
make it easier to understand and
complete, to use plain language, and to
remove the impression that
complainants must expressly establish
OFCCP’s jurisdiction when submitting
the complaint form or the complaint
will be summarily rejected.
In investigating complaints it
receives, under EO 11246, OFCCP may
refer complaints to the U.S. Equal
Employment Opportunity Commission
(EEOC) that involve discrimination
against only one person. Such referrals
are made under Memoranda of
Understanding between the two Federal
agencies. Complaints that involve
groups of people or indicate patterns of
discrimination are generally retained
and investigated by the OFCCP.
Additionally, if a complaint filed under
Section 503 involves allegations of
disability discrimination along with
allegations of individual complaints of
race, color, religion, sex, national origin,
or age discrimination, OFCCP will refer
the complaint to EEOC. Such referrals
are made under a joint regulation with
EEOC.6 OFCCP also investigates
individual or group complaints filed
under VEVRAA.
2. USE OF MATERIALS
The complaint information collection
form (CC–4) is used by OFCCP staff as
the first step in the initiation of a
complaint investigation. If the
complaint is timely, and appears to raise
discrimination or retaliation issues that
fall within OFCCP’s jurisdiction, then a
complaint investigation is initiated. A
standardized form helps guide
complainants in providing important
information about their alleged
discrimination and reduces the time it
takes OFCCP staff to determine
jurisdiction. This form improves
efficiency in responding to
complainants and in initiating
investigations.
3. IMPROVED INFORMATION
TECHNOLOGY
In accordance with the Government
Paperwork Elimination Act (GPEA), the
complaint form is available on the
OFCCP’s Web site with information
regarding its use and where it should be
mailed. The CC–4 is available on the
Internet for downloading or electronic
submission at https://www.dol.gov/
ofccp/regs/compliance/pdf/English.pdf.
6 41
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CFR 60–742.5 (d) and 29 CFR 1641.5 (e).
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4. DESCRIPTION OF EFFORTS TO
IDENTIFY DUPLICATION
Information collected on the
complaint form is unique to the
individual complainant and no
duplication is possible.
5. COLLECTION OF INFORMATION
IMPACT ON SMALL BUSINESSES OR
OTHER ENTITIES
Complaints are made solely by
nonbusiness entities, usually
individuals. This information collection
does not have a significant economic
impact on a substantial number of small
entities.
6. CONSEQUENCES TO FEDERAL
PROGRAMS IF THIS INFORMATION
WERE COLLECTED LESS
FREQUENTLY
There is no schedule for collection of
this information. This information is
collected solely, usually from
individuals on an ‘‘as needed’’ basis.
7. SPECIAL CIRCUMSTANCES FOR
THE COLLECTION OF INFORMATION
There are no special circumstances for
the collection of this information.
8. CONSULTATION OUTSIDE THE
AGENCY
[Place holder for analysis of
comments received during the comment
period.]
9. GIFT GIVING
OFCCP provides neither payments
nor gifts to respondents.
10. ASSURANCE OF
CONFIDENTIALITY
Confidentiality is maintained to
comply with the Privacy Act. However,
a copy of the complaint form may be
provided to the contractor and the
information contained on the form may
be used in the course of settlement
negotiations with the contractor and/or
in the course of presenting possible
disclosure to opposing counsel. Before
providing a copy of the complaint form,
the agency redacts it to protect
confidential information such as the
name and other information that would
easily identify someone other than the
complainant who might suffer
retaliation, be construed as an informer,
or suffer embarrassment or other
unwarranted invasion of privacy;
obscene, inflammatory or libelous
language; names and allegations against
more than one company (delete the
name and allegations against company
#1, from the complaint copy provided to
company #2, and vice versa); and
identifying characteristics of individuals
in a third party complaint (e.g.,
description of unique characteristics,
unique job title or position) if the
individual has not signed the complaint
or authorized release of his or her
identity. A Privacy Act disclosure
statement is included in the instructions
for form CC–4.
11. SENSITIVE QUESTIONS
Although the CC–4 does not
specifically request sensitive
information related to a complainant’s
disability or other protected
information, the complainant may
disclose such information when
describing the circumstances that led to
filing the complaint on Page 2 of the
form. As noted in number 10 (above), a
Privacy Act disclosure statement is
included in the instructions with the
form.
12. ESTIMATE OF INFORMATION
COLLECTION BURDEN HOURS
During the last three fiscal years (FY
2011, FY 2012 and FY 2013), OFCCP
received 670, 781 and 790 complaints,
respectively, for a three year total of
2,241 complaints. Therefore, on average,
OFCCP receives approximately, 747
complaints annually. It is also
estimated, based on the agency’s
experience assisting complainants, that
it will take an average of 1 hour for a
complainant to complete and submit the
form. Therefore, it is projected that the
collection of information will impose an
aggregate burden of 747 hours (i.e., 747
complaints multiplied by 1 hour).
OFCCP estimates that the cost of
completing the CC–4 is $15,291.09 (i.e.,
747 hours multiplied by $20.47 per
hour).7
13. ANNUAL OPERATION AND
MAINTENANCE COST BURDEN TO
RESPONDENTS
There are no capital or start-up costs
associated with filing a complaint.
The actual out-of-pocket cost for the
complainant is estimated at 46¢ for
stamps, 20¢ for paper and copying plus
4¢ for envelopes which equal 70¢.
OFCCP receives approximately 747
complaints of which 90% (or 672
complaints) are submitted electronically
by either facsimile or email. The
remaining 10% or 75 complaints are
sent by mail. Therefore, it is estimated
that the filing of the 75 complaints
mailed will cost $52.50 (75 complaints
multiplied by $0.70 for postage, paper
and envelope).
14. ESTIMATE OF COST TO FEDERAL
GOVERNMENT
The cost to the Federal Government
(OFCCP) for receiving the forms,
reviewing them for jurisdiction and
timeliness, and determining their
disposition is estimated at $57,436.83
(747 complaints multiplied by a
cumulative labor cost of $76.89 per
complaint).
The Federal labor cost reflects the
2.25 hours it takes OFCCP staff to
process the form and includes one hour
for an administrative support staff (GS–
6) to review the complaint and check
jurisdiction, one hour for a professional
staff (GS–13) to verify the jurisdiction
and prepare correspondence, and 0.25
hours for a manager (GS–14) to review
and sign the documents. This cost was
determined by surveying OFCCP’s
regional offices on the amount of time
it takes to process a complaint. The
calculation for the labor costs are
detailed below.
Time
(hours)
Wage Rate 8
Grade/Step
6927
Total
(wage rate × hours)
$19.05
1
$19.05
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6/10 ......................................................................................................................
$44.65
1
$44.65
14/10 ....................................................................................................................
$52.76
0.25
$13.19
Cumulative labor cost per complaint
7 OFCCP used the average private industry
employers spend in employee wages and salaries as
reported in Employer Costs for Employee
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$76.89
Compensation, June 2013, United States
Department of Labor, Bureau of Labor Statistics, p.
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10, Table 5, https://www.bls.gov/news.release/pdf/
ecec.pdf.
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Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Notices
15. CHANGE IN BURDEN HOURS
Based on the three-year average of
complaints received, OFCCP expects to
process more complaints (747) than
under the previous approved ICR (602).
Yet, with the shorter and easier form
OFCCP estimates that complainants will
spend less time completing the revised
CC–4, thus resulting in an overall
decrease in burden. The reduction in
burden hours is detailed in the chart
below.
Responses
Burden hours
Current .............................................................................................................................................................
602
771
Proposed ..........................................................................................................................................................
747
747
Adjustment increase/decrease ........................................................................................................................
+145
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16. STATISTICAL USES AND
PUBLICATION OF DATA
OFCCP will not publish the data
collected as a result of the items
contained in this request as statistical
tables.
17. APPROVAL TO NOT DISPLAY THE
EXPIRATION DATE
18. EXCEPTION TO THE
CERTIFICATION STATEMENT
OFCCP does not seek approval to not
display the expiration date.
There are no exceptions to the
certification statement.
BILLING CODE 4510–CM–P
8 Average hourly rates are from the Office of
Personnel Management (OPM) 2013 General
Schedule Salary Table.
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Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Notices
6929
Complaint of Employment Discrimination by Federal
Government Contractors or Subcontractors
Please read all the instructions before completing this form.
OMB: 1250-0002
Exoires:XX/XX/XXXX
Name (First, Middle, Last):
Street Address:
City, State, Zip Code:
Telephone Number:
--
Home - - Work - - Ceil
Email:
Have you filed these allegations of employment discrimination with another federal or
local agency?
Yes
No
If yes, which agency:
Contact Name:
Phone Number:
Name (First, Middle, Last):
Street Address:
City, State, Zip Code:
- - Home - - Work - - Ceil
Telephone Number:
Email:
D Race
D National
D American
Origin
Indian/Alaskan Native
D
D
D Asian
D Black/African
D Color
[]
D
D
American
Native Hawaiian or
Other Pacific Islander
D
D
D
Female
Male
D Veteran
Status
D Pregnancy
White
D Religion
D
D Disability
D Retaliation
D
[]
Form [[·4, revised 01(2014
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D
[]
Hispanic or
Latino
Other
D Sex/Gender
6930
Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Notices
Your Complaint:
Please describe below what you believe the employer did or failed to do to cause discrimination or
retaliation.
Answer the following questions below and describe in detail the alleged discrimination or retaliation:
-Why you believe the act(s) were (1) discriminatory based on your race, sex, color, religion, national origin,
disability, veteran status; and/or (2) in retaliation for filing a complaint, participating in discrimination
proceedings or otherwise opposing discrimination under any ofthe above listed bases;
-Specific dates, places, names and titles of person(s) involved;
-What harm, if any, was caused to you or others with whom you work as a result of the alleged
discriminatory or retaliatory act(s);
-What explanation, if any, was offered for the act(s) by the employer or their representatives; and
-Any information you may have on federal contracts held by the company.
Please attach additional pages, if needed.
Do you think
other people
experienced the
same
discrimination
you described?
Do you know if other employees or applicants were allegedly discriminated against in
the same way as you indicated above?
Yes*
No
Do you know if there were people outside of your protected class who were treated
more favorably than you were?
Yes*
No
*Note: If you answer yes, please be prepared to provide to OFCCP the names and titles
of the individuals who faced similar discrimination.
Do you have an
attorney or other
representative?
If you are represented by an attorney or other person or organization, please provide
their contact information below.
Name (First, Middle, Last): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Street Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
City, State, Zip Code: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Telephone Number: _ _ _ _ _ _ __
Email: _ _ _ _ _ _ _ _ _ _ _ __
If you have an attorney or other representative, who should we contact for additional
information regarding your complaint?
__ Me
__ Representative
Signature and
Verification
I declare under penalty of perjury that the information given above is true and correct
to the best of my knowledge or belief. A willful false statement is punishable by law.
I hereby authorize the release of any medical information needed for this
investigation.
BILLING CODE 4510–CM–C
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Signature of Complainant: ____________ Date: _ _ _ _ _ _ __
Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Notices
U.S. Department of Labor
Office of Federal Contract Compliance
Programs
Complaint of Employment
Discrimination by Federal Government
Contractors or Subcontractors
Use this form to file an employment
discrimination or retaliation complaint
under any of the three laws enforced by
the Office of Federal Contract
Compliance Programs (OFCCP):
• Executive Order 11246, as amended,
• Section 503 of the Rehabilitation Act
of 1973, as amended, and
• the Vietnam Era Veterans’
Readjustment Assistance Act of 1974,
as amended.
These laws make it illegal for
companies doing business with the
Federal Government to discriminate
against applicants and employees based
on race, color, religion, sex, national
origin, disability status or status as a
protected veteran.
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Instructions:
Print or type the information when
filling in the form. Tell us what
happened to you that you believe
caused discrimination or retaliation,
and who did it to you. Also tell us
where and when things happened, who
saw what happened, and who has
information about what happened to
you.
When describing what happened on
page two of the form, tell us how it
changed your work. For example, let us
know if it caused you not to be hired for
a job, or caused you to be fired,
demoted, lose a promotion, or have your
job assignment changed. Tell us if what
happened caused you to get laid-off. We
also want to know if what happened
involved training, pregnancy leave,
harassment, wages, pay, benefits,
accommodation for a disability or for
religious observances, segregation of
facilities, or recall back to work.
You can use a separate piece of paper
to continue telling us what happened to
you if you need more space to write.
Remember to attach the extra piece of
paper to the complaint form when you
are done.
If you are filing a complaint of
discrimination because of your veteran
status, remember to attach your Report
of Separation and a Certificate of
Release or Discharge from Active Duty
(also known as DD Form 214). If one is
not provided, we will ask you to
provide one.
Where to file the complaint?
You should send the completed form
to the OFCCP regional office that covers
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the state where the alleged
discrimination occurred. Send OFCCP
your form by U.S. mail, fax, or email. A
list of regional offices and the states that
each office covers can be found at:
https://www.dol.gov/ofccp/contacts/
regkeyp.htm.
When to file a complaint?
Complaints based on your race, color,
religion, sex/gender, or national origin
must be filed within 180 days after the
last act taken by your employer that you
think was either discrimination or
retaliation.
Complaints based on your disability
or status as a protected veteran must be
filed within 300 days from the last act
taken by your employer that you think
was either discrimination or retaliation.
Only the director of OFCCP can
extend these deadlines.
Non-Retaliation
OFCCP regulations, Title VII and the
ADA require employers to take all
necessary steps to assure that there is no
retaliation against any person who files
a complaint or assists in its
investigation. This includes any
intimidation, threat, coercion or
discrimination. Please notify OFCCP
immediately if you believe that you
have experienced such retaliation.
Privacy Act Statement
Executive Order 11246, as amended,
Section 503 of the Rehabilitation Act of
1973, as amended, and the Vietnam Era
Veterans’ Readjustment Assistance Act
of 1974, as amended (38 U.S.C. 4212),
Title VII of the Civil Rights Act of 1964
(Title VII), as amended and Title I of the
Americans with Disabilities Act of 1990
(ADA), as amended authorize the
collection of this information. OFCCP
uses this information to process
complaints and conduct investigations
of alleged violations of the above laws.
OFCCP will provide a copy of this
complaint to the employer against
whom it is filed, and when the matters
alleged are covered by Title VII and/or
the ADA, to the U.S. Equal Employment
Opportunity Commission (EEOC). The
information collected may be: 1)
verified with others who may have
knowledge relevant to the complaint; 2)
used in settlement negotiations with the
employer or in the course of presenting
evidence at a hearing; or 3) disclosed to
other agencies with jurisdiction over the
complaint.
Providing this information is
voluntary; however, failure to provide
the information may delay or prevent
OFCCP from investigating your
complaint and, for matters covered by
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6931
Title VII or the ADA, may affect your
right to sue under those laws.
Public Burden Statement
The estimated time to complete this
form is 1 hour, including time for
reviewing instructions, filling out the
form and sending it to OFCCP. Please
note that you are not required to
respond to this collection of information
unless it displays a currently valid OMB
Control Number.
If you have comments regarding the
estimate or any other aspect of this
complaint form, including suggestions
for reducing the burden, send them to
the OFCCP Policy Division (1250–0002),
200 Constitution Avenue, N.W., Room
C3325, Washington, D.C. 20210. Please
do not send the completed complaint
form to this address.
Definitions:
Veterans Status 9 includes the
following categories of protected
veterans:
Disabled Veteran—A veteran of the
United States military, ground, naval or
air service who is entitled to
compensation (or who but for the
receipt of military retired pay would be
entitled to compensation) under laws
administered by the Secretary of
Veterans Affairs, or a veteran who was
discharged or released from active duty
because of a service-connected
disability.
Armed Forces Service Medal
Veteran—A veteran who, while serving
on active duty in the U.S. military,
ground, naval or air service, participated
in a United States military operation for
which an Armed Forces service medal
was awarded.
Recently Separated Veteran—Any
veteran who was discharged or released
from active duty in the U.S. military
ground, naval, or air service three years
or fewer from the date of the alleged
discriminatory or retaliatory activity.
Active Duty Wartime or Campaign
Badge Veteran—A veteran who served
on active duty in the U.S. military,
ground, naval, or air service during a
war or in a campaign or expedition for
which a campaign badge has been
authorized, under the laws administered
by the Department of Defense.
Pre-JVA Veteran—A veteran who is
an employee of or applicant to a
contractor with a contract of $25,000 or
more entered into prior to December 1,
2003 and unmodified since to $100,000
or more, and who is a special disabled
veteran, veteran of the Vietnam era, preJVA recently separated veteran, or other
protected veteran as defined below:
9 41
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05FEN1
6932
Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Notices
Special Disabled Veteran—A veteran
who is entitled to compensation (or who
but for the receipt of military retired pay
would be entitled to compensation)
under the laws administered by the
Department of Veterans Affairs for
disability; rated at 30 percent or more;
or rated at 10 or 20 percent in the case
of a veteran who has been determined
under 38 U.S.C. 3106 to have a serious
employment handicap; or a person who
was discharged or released from active
duty because of a service connected
disability.
Veteran of the Vietnam Era—A
veteran who served on active duty for a
period of more than 180 days, and was
discharged or released with other than
a dishonorable discharge, if any part of
such active duty occurred in the
Republic of Vietnam between February
28, 1961 and May 7, 1975; or between
August 5, 1964 and May 7, 1975, in all
other cases; or was discharged or
released from active duty for a serviceconnected disability if any part of such
active duty was performed in the
Republic of Vietnam between February
28, 1961 and May 7, 1975; or between
August 5, 1964 and May 7, 1975.
Pre-JVA Recently Separated
Veteran—A pre-JVA recently separated
veteran means a pre-JVA veteran
separated during the one-year period
beginning on the date of the pre-JVA
veteran’s discharge or release from
active duty.
Other Protected Veteran—A veteran
who served on active duty during a war
or in a campaign or expedition for
which a campaign badge has been
authorized, under the laws administered
by the Department of Defense.
for Forensic Analysis;’’ and KSC–12663
entitled ‘‘Dual Camera—Single Target,
Position Measurement System;’’ to
Rapid Line Industries, Inc., having its
principal place of business at 455 N.
Ottawa St., Joliet, IL 60432. The
copyright in the software and
documentation have been assigned to
the United States of America as
represented by the Administrator of the
National Aeronautics and Space
Administration.
The prospective partially exclusive
license will comply with the terms and
conditions of 35 U.S.C. 209 and 37 CFR
404.7, and the fields of use may be
limited to: (1) for the purpose of
assessing damage to vehicles; (2) for the
purpose of determining liability arising
from incidents involving two or more
vehicles; and (3) for the purpose of
modeling and designing custom parts
for vehicles.
[FR Doc. 2014–02426 Filed 2–4–14; 8:45 am]
The prospective partially
exclusive license may be granted unless,
within fifteen (15) days from the date of
this published notice, NASA receives
written objections including evidence
and argument that establish that the
grant of the license would not be
consistent with the requirements of 35
U.S.C. 209 and 37 CFR 404.7.
Competing applications completed and
received by NASA within fifteen (15)
days of the date of this published notice
will also be treated as objections to the
grant of the contemplated exclusive
license. Objections submitted in
response to this notice will not be made
available to the public for inspection
and, to the extent permitted by law, will
not be released under the Freedom of
Information Act, 5 U.S.C. 552.
BILLING CODE 4510–CM–P
ADDRESSES:
Objections relating to the
prospective license may be submitted to
Patent Counsel, Office of the Chief
Counsel, Mail Code CC–A, NASA John
F. Kennedy Space Center, Kennedy
Space Center, FL 32899. Telephone:
321–867–2076; Facsimile: 321–867–
1817.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (14–004)]
Notice of Intent to Grant Partially
Exclusive License
National Aeronautics and
Space Administration.
ACTION: Notice of Intent to Grant
Partially Exclusive License
This notice is issued in
accordance with 35 U.S.C. 209(e) and 37
CFR 404.7(a)(1)(i). NASA hereby gives
notice of its intent to grant a partially
exclusive, copyright-only license in the
United States to practice the inventions
described in Scene Analysis Software
described in NASA Case Nos. KSC–
12975 entitled ‘‘A Photogrammetry Tool
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Institute of Museum and Library
Services
Sunshine Act Meeting; National
Museum and Library Services Board
Institute of Museum and
Library Services (IMLS), NFAH.
ACTION: Notice of Meeting.
AGENCY:
The National Museum and
Library Services Board, which advises
the Director of the Institute of Museum
and Library Services in awarding
national awards and medals, will meet
by teleconference on February 20, 2014,
to review nominations for the 2014
National Medal for Museum and Library
Service.
DATE AND TIME: Thursday, February 20,
2014, at 1 p.m. EST.
PLACE: The meeting will be held by
teleconference originating at the
Institute of Museum and Library
Services. 1800 M Street NW., 9th Floor,
Washington, DC 20036. Telephone:
(202) 653–4676.
STATUS: Closed. The meeting will be
closed pursuant to subsections (c)(4)
and (c)(9) of section 552b of Title 5,
United States Code because the Board
will consider information that may
disclose: Trade secrets and commercial
or financial information obtained from a
person and privileged or confidential;
and information the premature
disclosure of which would be likely to
significantly frustrate implementation of
a proposed agency action.
FOR FURTHER INFORMATION CONTACT:
Katherine Maas, Program Specialist,
Institute of Museum and Library
Services, 1800 M Street NW., 9th Floor,
Washington, DC 20036. Telephone:
(202) 653–4798.
SUMMARY:
Dated: January 30, 2014.
Nancy E. Weiss,
General Counsel.
[FR Doc. 2014–02559 Filed 2–3–14; 4:15 pm]
BILLING CODE P
FOR FURTHER INFORMATION CONTACT:
AGENCY:
SUMMARY:
DATES:
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
Shelley Ford, Patent Counsel, Office of
the Chief Counsel, Mail Code CC–A,
NASA John F. Kennedy Space Center,
Kennedy Space Center, FL 32899.
Telephone: 321–867–2076; Facsimile:
321–867–1817. Information about other
NASA inventions available for licensing
can be found online at https://
technology.nasa.gov/.
Sumara M. Thompson-King,
Deputy General Counsel.
[FR Doc. 2014–02335 Filed 2–4–14; 8:45 am]
BILLING CODE 7510–13–P
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NATIONAL SCIENCE FOUNDATION
National Science Board
Sunshine Act Meeting
The National Science Board’s Task
Force on Administrative Burdens,
pursuant to NSF regulations (45 CFR
part 614), the National Science
Foundation Act, as amended (42 U.S.C.
1862n–5), and the Government in the
Sunshine Act (5 U.S.C. 552b), hereby
gives notice in regard to the re-
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]]>Agencies
[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Notices]
[Pages 6924-6932]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02426]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
Proposed Extension of the Approval of Information Collection
Requirements
AGENCY: Office of Federal Contract Compliance Programs, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor, as part of its continuing effort to
reduce paperwork and respondent burden, conducts a preclearance
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 (PRA95). 44 U.S.C. 3506(c)(2)(A). 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.
Currently, the Office of Federal Contract Compliance Programs is
soliciting comments concerning its proposal to extend the Office of
Management and Budget (OMB) approval of the Information Collection:
Complaint Form CC-4, Complaint of Employment Discrimination by Federal
Government Contractors and Subcontractors. 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.
DATES: Written comments must be submitted to the office listed in the
addresses section below on or before April 7, 2014.
ADDRESSES: You may submit comments, identified by Control Number 1250-
0002, by either one of the following methods:
[[Page 6925]]
Electronic comments: Through the federal eRulemaking Portal at
https://www.regulations.gov. Follow the instructions for submitting
comments.
Mail, Hand Delivery, Courier: Address comments to Debra Carr,
Director, Division of Policy, Planning and Program Development, Office
of Federal Contract Compliance Programs, 200 Constitution Avenue NW.,
Room C3325, Washington, DC 20210. Telephone: (202) 693-0103 (voice) or
(202) 693-1337 (TTY).
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.
Because we continue to experience delays in receiving mail in the
Washington, DC area, commenters are strongly encouraged to either
transmit their comments electronically via the regulations.gov Web site
or 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 regulations.gov Web site.
They will also be summarized and/or included in the request for Office
of Management and Budget approval of the information collection
request.
FOR FURTHER INFORMATION CONTACT: Debra Carr, Director, Division of
Policy, Planning and Program Development, Office of Federal Contract
Compliance Programs, 200 Constitution Avenue NW., Room C3325,
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 (e.g. Large Print, Braille, Audio
Tape or Disc), upon request, by calling (202) 693-0103 (not a toll-free
number). TTY/TDD callers may call (202) 693-1337 (not a toll-free
number) to obtain information or request materials in alternative
formats.
SUPPLEMENTARY INFORMATION:
I. Background: The Office of Federal Contract Compliance Programs
(OFCCP) administers two equal opportunity laws and an Executive Order
that prohibit discrimination based on race, color, religion, sex,
national origin, disability, and status as a protected veteran by
Federal contractors and subcontractors and require affirmative action
to provide equal employment opportunity: Executive Order 11246, as
amended; Section 503 of the Rehabilitation Act of 1973, as amended
(Section 503) and 38 U.S.C. 4212, the Vietnam Era Veteran's
Readjustment Assistance Act of 1974, as amended (VEVRAA). No private
right of action exists under the three programs that are enforced by
the U.S. Department of Labor (DOL), i.e. a private individual may not
bring a lawsuit against an employer (or prospective employer) for
noncompliance with its contractual obligations under the laws enforced
by OFCCP. However, any employee or applicant for employment with a
Federal Government contractor or subcontractor may file a complaint
with the Department of Labor, OFCCP alleging discrimination by
completing a Complaint of Employment Discrimination by Federal
Government Contractors or Subcontractors form (CC-4).\1\ OFCCP
investigates the complaint but retains the discretion whether to pursue
administrative or judicial enforcement. If a complaint filed under
Executive Order 11246, as amended, involves discrimination against only
one person, the OFCCP may refer it to the U.S. Equal Employment
Opportunity Commission (EEOC). Such referrals are made under a
Memorandum of Understanding between the two federal agencies. OFCCP
generally investigates complaints that involve groups of people or
indicate patterns of discrimination. In addition, OFCCP also
investigates individual or group complaints filed under Section 503 and
VEVRAA.
---------------------------------------------------------------------------
\1\ Formerly Complaint of Discrimination in Employment Under
Federal Government Contracts.
---------------------------------------------------------------------------
Under Executive Order 11246, as amended, 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(a).
Under the Vietnam Era Veterans' Readjustment Assistance Act of
1974, as amended, the authority for collecting complaints information
is at 38 U.S.C. 4212(b). The implementing regulations which specify the
content of this information collection are found at 41 CFR 60-250.61(b)
and 41 CFR 60-300.61(b). Section 503 of the Rehabilitation Act of 1973,
as amended, is the authority for collecting complaint information under
the statute. The implementing regulations which specify the content of
this information collection are found at 41 CFR 60-741.61(c). This
information collection request covers the recordkeeping and reporting
requirements for the complaint form CC-4. A separate information
collection request covers the recordkeeping and reporting requirements
for supply and service industries, and is approved under OMB 1250-0003.
II. Review Focus: The 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: The DOL seeks the approval of the extension
of this information in order to carry out its responsibility to enforce
the affirmative action and non-discrimination provisions of the three
Authorities, which it administers.
Type of Review: Renewal.
Agency: Office of Federal Contract Compliance Programs.
Title: Complaint Form CC-4, Complaint of 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: 747.
Total Annual Responses: 747.
Average Time per Response: 1.0 hours.
Estimated Total Burden Hours: 747.
Frequency: On occasion.
Total Burden Cost (capital/startup): $0.
Total Burden Cost (operating/maintenance): $52.50.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval of the information collection request; they will also become a
matter of public record.
[[Page 6926]]
Dated: January 24, 2014.
Debra A. Carr,
Director, Division of Policy, Planning and Program Development, Office
of Federal Contract Compliance Programs.
SUPPORTING STATEMENT
DEPARTMENT OF LABOR
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
AGREEMENT APPROVAL PROCESS FOR USE OF COMPLAINT FORM CC-4
OMB No. 1250-0002
A. JUSTIFICATION
EXPLAIN THE CIRCUMSTANCES THAT MAKE THE COLLECTION OF INFORMATION
NECESSARY.
The Office of Federal Contract Compliance Programs (OFCCP)
administers two equal employment laws and an Executive Order that
prohibit discrimination based on race, color, religion, sex, national
origin, disability, and status as a protected veteran by Federal
contractors and require affirmative action to provide equal employment
opportunity.
Executive Order 11246, as amended (EO 11246),\2\
---------------------------------------------------------------------------
\2\ The authority for collection of complaint information is
Section 206 (b) of the Executive Order. The implementing regulations
which specify the content of this information collection are found
at 41 CFR 60-1.23 (a).
---------------------------------------------------------------------------
Section 503 of the Rehabilitation Act of 1973, as amended
(Section 503),\3\ and
---------------------------------------------------------------------------
\3\ The authority for collecting complaint information under
this statute is Section 503 (d) of the Act. The implementing
regulations which specify the content of this information collection
are found at 41 CFR 60-741.61 (c).
---------------------------------------------------------------------------
The Vietnam Era Veterans' Readjustment Assistance Act of 1974,
as amended, 38 U.S.C. 4212 (VEVRAA).\4\
---------------------------------------------------------------------------
\4\ The authority for collecting complaint information under
this statute is 38 U.S.C. 4212 (d). The implementing regulations
which specify the content of this information collection are found
at 41 CFR 60-300.61 (b).
EO 11246 prohibits employment discrimination on the basis of race,
color, religion, sex, or national origin. EO 11246 applies to Federal
contractors and subcontractors, and to federally-assisted construction
contractors and subcontractors holding a Federal Government contract or
subcontract of more than $10,000, or Federal Government contracts or
subcontracts that have, or can reasonably expect to have, an aggregate
total value exceeding $10,000 in a 12-month period. EO 11246 also
applies to Federal Government bills of lading, depositories of Federal
funds in any amount, and to financial institutions that are issuing and
paying agents for U.S. Savings Bonds.
Section 503 prohibits employment discrimination on the basis of
disability, and requires Federal contractors and subcontractors to take
affirmative action to hire and promote qualified individuals with
disabilities. Its requirements apply to Federal contractors and
subcontractors with a Federal Government contract or subcontract in
excess of $10,000.
The affirmative action provisions of VEVRAA prohibit employment
discrimination against protected veterans and require Federal
contractors and subcontractors to take affirmative action to hire and
promote protected veterans. Its requirements apply to Federal
contractors and subcontractors with a Federal Government contract or
subcontract of $100,000 or more.
These programs require affirmative action by Federal contractors
and subcontractors and prohibit discrimination on the basis of race,
color, sex, religion, national origin, status as a qualified individual
with a disability and protected veteran. No private right of action
exists under the three OFCCP programs, i.e., a private individual may
not bring a lawsuit against an employer or prospective employer for
noncompliance with its obligations under the laws enforced by OFCCP.
However, any employee or applicant for employment with a Federal
contractor or subcontractor may file a complaint with OFCCP alleging
discrimination or lack of affirmative action \5\ by completing a
complaint form. OFCCP investigates the complaint but retains the
discretion whether to pursue administrative or judicial enforcement.
---------------------------------------------------------------------------
\5\ Under Section 503 of the Rehabilitation Act of 1973 and the
Vietnam Era Veterans' Act of 1974 individuals may file a complaint
based on a contractor's failure to take affirmative action.
---------------------------------------------------------------------------
To file a complaint with OFCCP, a complainant may either complete a
complaint form or send a letter including the name, address, and
telephone number of the complainant, the name and address of the
contractor or subcontractor and a description of the acts considered to
be discriminatory and any other pertinent information. To facilitate
this process, OFCCP provides a complainant with a complaint form (CC-4)
which is currently titled ``Complaint of Discrimination in Employment
Under Federal Government Contracts.'' We are proposing to change its
name to ``Complaint of Discrimination in Employment by Federal
Contractors or Subcontractors'' to give users a better understanding of
the purpose of the form and its use. As a part of this ICR package,
OFCCP is also proposing to revise and update its complaint form to make
it easier to understand and complete, to use plain language, and to
remove the impression that complainants must expressly establish
OFCCP's jurisdiction when submitting the complaint form or the
complaint will be summarily rejected.
In investigating complaints it receives, under EO 11246, OFCCP may
refer complaints to the U.S. Equal Employment Opportunity Commission
(EEOC) that involve discrimination against only one person. Such
referrals are made under Memoranda of Understanding between the two
Federal agencies. Complaints that involve groups of people or indicate
patterns of discrimination are generally retained and investigated by
the OFCCP. Additionally, if a complaint filed under Section 503
involves allegations of disability discrimination along with
allegations of individual complaints of race, color, religion, sex,
national origin, or age discrimination, OFCCP will refer the complaint
to EEOC. Such referrals are made under a joint regulation with EEOC.\6\
OFCCP also investigates individual or group complaints filed under
VEVRAA.
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\6\ 41 CFR 60-742.5 (d) and 29 CFR 1641.5 (e).
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2. USE OF MATERIALS
The complaint information collection form (CC-4) is used by OFCCP
staff as the first step in the initiation of a complaint investigation.
If the complaint is timely, and appears to raise discrimination or
retaliation issues that fall within OFCCP's jurisdiction, then a
complaint investigation is initiated. A standardized form helps guide
complainants in providing important information about their alleged
discrimination and reduces the time it takes OFCCP staff to determine
jurisdiction. This form improves efficiency in responding to
complainants and in initiating investigations.
3. IMPROVED INFORMATION TECHNOLOGY
In accordance with the Government Paperwork Elimination Act (GPEA),
the complaint form is available on the OFCCP's Web site with
information regarding its use and where it should be mailed. The CC-4
is available on the Internet for downloading or electronic submission
at https://www.dol.gov/ofccp/regs/compliance/pdf/English.pdf.
[[Page 6927]]
4. DESCRIPTION OF EFFORTS TO IDENTIFY DUPLICATION
Information collected on the complaint form is unique to the
individual complainant and no duplication is possible.
5. COLLECTION OF INFORMATION IMPACT ON SMALL BUSINESSES OR OTHER
ENTITIES
Complaints are made solely by nonbusiness entities, usually
individuals. This information collection does not have a significant
economic impact on a substantial number of small entities.
6. CONSEQUENCES TO FEDERAL PROGRAMS IF THIS INFORMATION WERE COLLECTED
LESS FREQUENTLY
There is no schedule for collection of this information. This
information is collected solely, usually from individuals on an ``as
needed'' basis.
7. SPECIAL CIRCUMSTANCES FOR THE COLLECTION OF INFORMATION
There are no special circumstances for the collection of this
information.
8. CONSULTATION OUTSIDE THE AGENCY
[Place holder for analysis of comments received during the comment
period.]
9. GIFT GIVING
OFCCP provides neither payments nor gifts to respondents.
10. ASSURANCE OF CONFIDENTIALITY
Confidentiality is maintained to comply with the Privacy Act.
However, a copy of the complaint form may be provided to the contractor
and the information contained on the form may be used in the course of
settlement negotiations with the contractor and/or in the course of
presenting possible disclosure to opposing counsel. Before providing a
copy of the complaint form, the agency redacts it to protect
confidential information such as the name and other information that
would easily identify someone other than the complainant who might
suffer retaliation, be construed as an informer, or suffer
embarrassment or other unwarranted invasion of privacy; obscene,
inflammatory or libelous language; names and allegations against more
than one company (delete the name and allegations against company
1, from the complaint copy provided to company 2, and
vice versa); and identifying characteristics of individuals in a third
party complaint (e.g., description of unique characteristics, unique
job title or position) if the individual has not signed the complaint
or authorized release of his or her identity. A Privacy Act disclosure
statement is included in the instructions for form CC-4.
11. SENSITIVE QUESTIONS
Although the CC-4 does not specifically request sensitive
information related to a complainant's disability or other protected
information, the complainant may disclose such information when
describing the circumstances that led to filing the complaint on Page 2
of the form. As noted in number 10 (above), a Privacy Act disclosure
statement is included in the instructions with the form.
12. ESTIMATE OF INFORMATION COLLECTION BURDEN HOURS
During the last three fiscal years (FY 2011, FY 2012 and FY 2013),
OFCCP received 670, 781 and 790 complaints, respectively, for a three
year total of 2,241 complaints. Therefore, on average, OFCCP receives
approximately, 747 complaints annually. It is also estimated, based on
the agency's experience assisting complainants, that it will take an
average of 1 hour for a complainant to complete and submit the form.
Therefore, it is projected that the collection of information will
impose an aggregate burden of 747 hours (i.e., 747 complaints
multiplied by 1 hour). OFCCP estimates that the cost of completing the
CC-4 is $15,291.09 (i.e., 747 hours multiplied by $20.47 per hour).\7\
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\7\ OFCCP used the average private industry employers spend in
employee wages and salaries as reported in Employer Costs for
Employee Compensation, June 2013, United States Department of Labor,
Bureau of Labor Statistics, p. 10, Table 5, https://www.bls.gov/news.release/pdf/ecec.pdf.
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13. ANNUAL OPERATION AND MAINTENANCE COST BURDEN TO RESPONDENTS
There are no capital or start-up costs associated with filing a
complaint.
The actual out-of-pocket cost for the complainant is estimated at
46[cent] for stamps, 20[cent] for paper and copying plus 4[cent] for
envelopes which equal 70[cent]. OFCCP receives approximately 747
complaints of which 90% (or 672 complaints) are submitted
electronically by either facsimile or email. The remaining 10% or 75
complaints are sent by mail. Therefore, it is estimated that the filing
of the 75 complaints mailed will cost $52.50 (75 complaints multiplied
by $0.70 for postage, paper and envelope).
14. ESTIMATE OF COST TO FEDERAL GOVERNMENT
The cost to the Federal Government (OFCCP) for receiving the forms,
reviewing them for jurisdiction and timeliness, and determining their
disposition is estimated at $57,436.83 (747 complaints multiplied by a
cumulative labor cost of $76.89 per complaint).
The Federal labor cost reflects the 2.25 hours it takes OFCCP staff
to process the form and includes one hour for an administrative support
staff (GS-6) to review the complaint and check jurisdiction, one hour
for a professional staff (GS-13) to verify the jurisdiction and prepare
correspondence, and 0.25 hours for a manager (GS-14) to review and sign
the documents. This cost was determined by surveying OFCCP's regional
offices on the amount of time it takes to process a complaint. The
calculation for the labor costs are detailed below.
----------------------------------------------------------------------------------------------------------------
Total (wage rate x
Grade/Step Wage Rate \8\ Time (hours) hours)
----------------------------------------------------------------------------------------------------------------
6/10............................................... $19.05 1 $19.05
----------------------------------------------------------------------------------------------------------------
13/10.............................................. $44.65 1 $44.65
----------------------------------------------------------------------------------------------------------------
14/10.............................................. $52.76 0.25 $13.19
----------------------------------------------------------------------------------------------------------------
Cumulative labor cost per complaint $76.89
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[[Page 6928]]
15. CHANGE IN BURDEN HOURS
Based on the three-year average of complaints received, OFCCP
expects to process more complaints (747) than under the previous
approved ICR (602). Yet, with the shorter and easier form OFCCP
estimates that complainants will spend less time completing the revised
CC-4, thus resulting in an overall decrease in burden. The reduction in
burden hours is detailed in the chart below.
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\8\ Average hourly rates are from the Office of Personnel
Management (OPM) 2013 General Schedule Salary Table.
------------------------------------------------------------------------
Responses Burden hours
------------------------------------------------------------------------
Current............................. 602 771
------------------------------------------------------------------------
Proposed............................ 747 747
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Adjustment increase/decrease........ +145 -24
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16. STATISTICAL USES AND PUBLICATION OF DATA
OFCCP will not publish the data collected as a result of the items
contained in this request as statistical tables.
17. APPROVAL TO NOT DISPLAY THE EXPIRATION DATE
OFCCP does not seek approval to not display the expiration date.
18. EXCEPTION TO THE CERTIFICATION STATEMENT
There are no exceptions to the certification statement.
BILLING CODE 4510-CM-P
[[Page 6929]]
[GRAPHIC] [TIFF OMITTED] TN05FE14.000
[[Page 6930]]
[GRAPHIC] [TIFF OMITTED] TN05FE14.001
BILLING CODE 4510-CM-C
[[Page 6931]]
U.S. Department of Labor
Office of Federal Contract Compliance Programs
Complaint of Employment Discrimination by Federal Government
Contractors or Subcontractors
Use this form to file an employment discrimination or retaliation
complaint under any of the three laws enforced by the Office of Federal
Contract Compliance Programs (OFCCP):
Executive Order 11246, as amended,
Section 503 of the Rehabilitation Act of 1973, as amended, and
the Vietnam Era Veterans' Readjustment Assistance Act of 1974,
as amended.
These laws make it illegal for companies doing business with the
Federal Government to discriminate against applicants and employees
based on race, color, religion, sex, national origin, disability status
or status as a protected veteran.
Instructions:
Print or type the information when filling in the form. Tell us
what happened to you that you believe caused discrimination or
retaliation, and who did it to you. Also tell us where and when things
happened, who saw what happened, and who has information about what
happened to you.
When describing what happened on page two of the form, tell us how
it changed your work. For example, let us know if it caused you not to
be hired for a job, or caused you to be fired, demoted, lose a
promotion, or have your job assignment changed. Tell us if what
happened caused you to get laid-off. We also want to know if what
happened involved training, pregnancy leave, harassment, wages, pay,
benefits, accommodation for a disability or for religious observances,
segregation of facilities, or recall back to work.
You can use a separate piece of paper to continue telling us what
happened to you if you need more space to write. Remember to attach the
extra piece of paper to the complaint form when you are done.
If you are filing a complaint of discrimination because of your
veteran status, remember to attach your Report of Separation and a
Certificate of Release or Discharge from Active Duty (also known as DD
Form 214). If one is not provided, we will ask you to provide one.
Where to file the complaint?
You should send the completed form to the OFCCP regional office
that covers the state where the alleged discrimination occurred. Send
OFCCP your form by U.S. mail, fax, or email. A list of regional offices
and the states that each office covers can be found at: https://www.dol.gov/ofccp/contacts/regkeyp.htm.
When to file a complaint?
Complaints based on your race, color, religion, sex/gender, or
national origin must be filed within 180 days after the last act taken
by your employer that you think was either discrimination or
retaliation.
Complaints based on your disability or status as a protected
veteran must be filed within 300 days from the last act taken by your
employer that you think was either discrimination or retaliation.
Only the director of OFCCP can extend these deadlines.
Non-Retaliation
OFCCP regulations, Title VII and the ADA require employers to take
all necessary steps to assure that there is no retaliation against any
person who files a complaint or assists in its investigation. This
includes any intimidation, threat, coercion or discrimination. Please
notify OFCCP immediately if you believe that you have experienced such
retaliation.
Privacy Act Statement
Executive Order 11246, as amended, Section 503 of the
Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans'
Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212), Title
VII of the Civil Rights Act of 1964 (Title VII), as amended and Title I
of the Americans with Disabilities Act of 1990 (ADA), as amended
authorize the collection of this information. OFCCP uses this
information to process complaints and conduct investigations of alleged
violations of the above laws. OFCCP will provide a copy of this
complaint to the employer against whom it is filed, and when the
matters alleged are covered by Title VII and/or the ADA, to the U.S.
Equal Employment Opportunity Commission (EEOC). The information
collected may be: 1) verified with others who may have knowledge
relevant to the complaint; 2) used in settlement negotiations with the
employer or in the course of presenting evidence at a hearing; or 3)
disclosed to other agencies with jurisdiction over the complaint.
Providing this information is voluntary; however, failure to
provide the information may delay or prevent OFCCP from investigating
your complaint and, for matters covered by Title VII or the ADA, may
affect your right to sue under those laws.
Public Burden Statement
The estimated time to complete this form is 1 hour, including time
for reviewing instructions, filling out the form and sending it to
OFCCP. Please note that you are not required to respond to this
collection of information unless it displays a currently valid OMB
Control Number.
If you have comments regarding the estimate or any other aspect of
this complaint form, including suggestions for reducing the burden,
send them to the OFCCP Policy Division (1250-0002), 200 Constitution
Avenue, N.W., Room C3325, Washington, D.C. 20210. Please do not send
the completed complaint form to this address.
Definitions:
Veterans Status \9\ includes the following categories of protected
veterans:
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\9\ 41 CFR 60-300.2
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Disabled Veteran--A veteran of the United States military, ground,
naval or air service who is entitled to compensation (or who but for
the receipt of military retired pay would be entitled to compensation)
under laws administered by the Secretary of Veterans Affairs, or a
veteran who was discharged or released from active duty because of a
service-connected disability.
Armed Forces Service Medal Veteran--A veteran who, while serving on
active duty in the U.S. military, ground, naval or air service,
participated in a United States military operation for which an Armed
Forces service medal was awarded.
Recently Separated Veteran--Any veteran who was discharged or
released from active duty in the U.S. military ground, naval, or air
service three years or fewer from the date of the alleged
discriminatory or retaliatory activity.
Active Duty Wartime or Campaign Badge Veteran--A veteran who served
on active duty in the U.S. military, ground, naval, or air service
during a war or in a campaign or expedition for which a campaign badge
has been authorized, under the laws administered by the Department of
Defense.
Pre-JVA Veteran--A veteran who is an employee of or applicant to a
contractor with a contract of $25,000 or more entered into prior to
December 1, 2003 and unmodified since to $100,000 or more, and who is a
special disabled veteran, veteran of the Vietnam era, pre-JVA recently
separated veteran, or other protected veteran as defined below:
[[Page 6932]]
Special Disabled Veteran--A veteran who is entitled to compensation
(or who but for the receipt of military retired pay would be entitled
to compensation) under the laws administered by the Department of
Veterans Affairs for disability; rated at 30 percent or more; or rated
at 10 or 20 percent in the case of a veteran who has been determined
under 38 U.S.C. 3106 to have a serious employment handicap; or a person
who was discharged or released from active duty because of a service
connected disability.
Veteran of the Vietnam Era--A veteran who served on active duty for
a period of more than 180 days, and was discharged or released with
other than a dishonorable discharge, if any part of such active duty
occurred in the Republic of Vietnam between February 28, 1961 and May
7, 1975; or between August 5, 1964 and May 7, 1975, in all other cases;
or was discharged or released from active duty for a service-connected
disability if any part of such active duty was performed in the
Republic of Vietnam between February 28, 1961 and May 7, 1975; or
between August 5, 1964 and May 7, 1975.
Pre-JVA Recently Separated Veteran--A pre-JVA recently separated
veteran means a pre-JVA veteran separated during the one-year period
beginning on the date of the pre-JVA veteran's discharge or release
from active duty.
Other Protected Veteran--A veteran who served on active duty during
a war or in a campaign or expedition for which a campaign badge has
been authorized, under the laws administered by the Department of
Defense.
[FR Doc. 2014-02426 Filed 2-4-14; 8:45 am]
BILLING CODE 4510-CM-P
