Proposed Renewal of the Approval of Information Collection Requirements; Comment Request, 43254-43261 [2016-15671]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES 43254 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices Department is committed to making the Job Corps program accessible to eligible Arkansas youth, and it will reinvest resources from Ouachita to improve the outcomes at its remaining, higherperforming centers, including those in Arkansas. Several commenters urged DOL to transfer management of Ouachita to a private operator. Many of these commenters asserted that DOL is legally required to do so by WIOA. Some commenters stated that WIOA requires the Department to ‘‘exhaust’’ its options prior to closing a center. In fact, WIOA does not require the Department to competitively select a private entity to operate this center. WIOA sec. 159(f)(4) empowers the Secretary of Labor, in consultation with the Secretary of Agriculture, to competitively select an entity to operate a CCC if certain conditions related to the center’s performance under the WIOA performance measures are met. Division H, title I, section 109 of the Consolidated Appropriations Act, 2016, also stated that the Secretary of Labor, in consultation with the Secretary of Agriculture, ‘‘may select an entity on a competitive basis to operate’’ a CCC if it has had consistently low performance under Job Corps’ pre-July 1, 2016 performance accountability system or its post-July 1, 2016 performance system. Neither of these provisions require the Department to transfer management of Ouachita to a private operator—the WIOA performance system, as noted above, is not yet in effect, making WIOA sec. 159(f)(4) inoperative at this point. Furthermore, the language of sec. 109 grants the Secretary of Labor discretion as to whether DOL will competitively select an entity to operate a CCC. The Department has determined that the better approach for Ouachita is closure. The problems at Ouachita are extensive, and there is insufficient evidence that would suggest that a change in operators would result in dramatic improvement. Closing Ouachita will allow the Department to reinvest its resources into improving its remaining centers while maintaining student opportunities to participate in the Job Corps program. Importantly, the Department has concluded that closing Ouachita will not reduce the number of students who can be served in Job Corps. Thus, for the reasons stated above, the Department has decided to close Ouachita, not contract it to a private entity. One commenter asserted that it is improper to use the most recent performance data as a basis for selecting a center to close. The commenter referenced the DOL Office of the VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 Inspector General’s (OIG) February 27, 2015, audit report that some centers did not comply with Job Corps’ zerotolerance policy to avoid adverse effect on their performance measures. Based on this report, the commenter concludes that ‘‘utilizing the [OMS] rating system is a flawed approach’’ because ‘‘those same centers would be willing to fabricate information in their books about other matters as well, negating the accuracy of any rating system.’’ Nothing in OIG’s audit report supports or suggests the conclusion drawn by the commenter. There is no evidence or allegation that center operators are undermining the OMS system—and in turn, the method by which the Department selected Ouachita for closure—by directly fabricating or altering performance data. Job Corps conducts regular dataintegrity audits through a third-party consultant to identify and sanction any fraudulent behaviors or non-compliance with Job Corps policy and rules. Additionally, before finalizing each year’s OMS scores and rankings, Job Corps conducts a comprehensive review of the performance data to ensure its accuracy. Given these procedures, Job Corps has no reason to conclude that performance data has been fabricated, and it is confident that the center performance data used in the closure methodology accurately reflects each center’s performance. One commenter alleged that an individual from an Idaho Job Corps center had sabotaged the Ouachita center so the Idaho center would receive more funding. The Department is not aware of any attempts to sabotage Ouachita’s operation. Three commenters stated that every Job Corps Center, including Ouachita, benefits youth in need and thus should not be closed. The Department’s decision to close Ouachita is based on the center’s inability to efficiently and effectively deliver the best possible outcomes for youth in need. The Ouachita Center has performed poorly over the last five years, and closing this center will improve Job Corps’ ability to provide the highest-quality education and career technical training to its future and current students, including those presently at Ouachita. Six commenters criticized the methodology that Job Corps developed and applied in determining which center to close. One commenter suggested that the OMS used to determine center ranking is itself flawed. Three commenters were opposed to the two additional closure criteria identified in the March 9, 2016, Notice proposing closure. Because the PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 closure Notice requested comments only on the proposed selection of Ouachita for closure, DOL considers these comments outside the scope of the requested response and will not respond to them here. Multiple commenters suggested that the waste of other government programs be cut instead of closing the Ouachita Job Corps Center. These comments are outside the scope of the requested response and were therefore not considered. IV. Job Corps Center Selected for Closure and the Closure Process Based on its application of the updated closure methodology as described in the March 9, 2016, Notice, and the Department’s consideration of the comments received in response to that Notice, DOL has decided to close the Ouachita Job Corps Center. Job Corps’ focus is on managing the performance of its centers in order to best to serve students. Overall funding for the program is not being reduced, nor is the number of students served. By closing low-performing centers, Job Corps can shift limited program dollars to centers that will better prepare students. As Job Corps finalizes the closure of Ouachita, existing students will have the opportunity to complete their training and graduate at Ouachita or transfer to other Job Corps centers to complete their training and graduate. Prospective students in Arkansas will continue to be served by two other Job Corps centers in the state and other centers in the region. In the coming weeks, DOL will implement the closure process following the center closure requirements in WIOA at section 159(j) and as stipulated in the DOL/USDA Interagency Agreement. Dated: June 27, 2016. Portia Wu, Assistant Secretary for Employment and Training, Labor. [FR Doc. 2016–15603 Filed 6–30–16; 8:45 am] BILLING CODE 4510–FT–P DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs Proposed Renewal of the Approval of Information Collection Requirements; Comment Request ACTION: Notice. The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent SUMMARY: E:\FR\FM\01JYN1.SGM 01JYN1 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices 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), 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. The Office of Federal Contract Compliance Programs (OFCCP) is soliciting comments concerning its proposal to renew the Office of Management and Budget (OMB) approval of the information collection: ‘‘Form CC–4, Complaint Involving Employment Discrimination by a Federal Contractor or Subcontractor.’’ The current OMB approval for Form CC–4 expires on August 31, 2017. 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. Written comments must be submitted to the office listed in the addresses section below on or before August 30, 2016. DATES: You may submit comments, identified by Control Number 1250– 0002, by one of the following methods: Electronic comments: Through the Federal eRulemaking Portal at www.regulations.gov. Follow the instructions for submitting comments. Mail, Hand Delivery, Courier: Address comments to Debra Carr, Director, Division of Policy and Program Development, Office of Federal Contract Compliance Programs, 200 Constitution Avenue NW., Room C3325, Washington, DC 20210. 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. Commenters are strongly encouraged to submit their comments electronically via the www.regulations.gov Web site or to 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 www.regulations.gov Web site. They will also be summarized and/or included in the request for OMB asabaliauskas on DSK3SPTVN1PROD with NOTICES ADDRESSES: VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 approval of the information collection request. FOR FURTHER INFORMATION CONTACT: Debra Carr, Director, Division of Policy and Program Development, Office of Federal Contract Compliance Programs, 200 Constitution Avenue NW., Room C3325, Washington, DC 20210. Telephone: (202) 693–0104 (voice) or (202) 693–1337 (TTY) (these are not tollfree numbers). Copies of this notice may be obtained in alternative formats (e.g. large print, braille, audio recording), upon request, by calling the numbers listed above. SUPPLEMENTARY INFORMATION: I. Background: The Office of Federal Contractor Compliance Programs (OFCCP) administers and enforces the three equal employment opportunity laws listed below. • Executive Order 11246, as amended (E.O. 11246) • Section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 793 (Section 503) • Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (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 or applicant for employment with a federal contractor or subcontractor may file a complaint with OFCCP alleging discrimination or failure to comply with affirmative action obligations. OFCCP encourages such PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 43255 employees and applicants to file their complaints by completing its complaint form (‘‘Form CC–4’’). OFCCP investigates the complaint but retains the discretion whether to pursue administrative or judicial enforcement. If a complaint is filed under EO 11246 or Section 503, OFCCP may refer it to the U.S. Equal Employment Opportunity Commission (EEOC).1 OFCCP investigates all complaints filed under VEVRAA. OFCCP may refer complaints under any law to the Department of Justice (DOJ). Under E.O. 11246 the authority for collection of complaint information is Section 206(b). The implementing regulations which specify the content of this information collection are found at 41 CFR 60–1.23. Under VEVRAA the authority for collecting complaints information is at 38 U.S.C. 4212(b), and the implementing regulations which specify the content of VEVRAA complaints are found at 41 CFR 60– 300.61(b). The statutory authority for collecting complaint information under Section 503 is at 29 U.S.C. 793, and the implementing regulations which specify the content of Section 503 complaints are found at 41 CFR 60–741.61(c). This information collection request covers the recordkeeping and reporting requirements for Form CC–4. II. Review Focus: 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: DOL seeks the approval of the extension of this information collection instrument in order to carry out its responsibility to enforce the affirmative action and nondiscrimination provisions of the three authorities, which it administers. Type of Review: Renewal. 1 See, E:\FR\FM\01JYN1.SGM 41 CFR 60–1.24(a) and 41 CFR 60–741.5. 01JYN1 43256 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices Agency: Office of Federal Contract Compliance Programs. Title: Complaint Form CC–4, Complaint Involving 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: 753. Total Annual Responses: 753. Average Time per Response: 1 hour. Estimated Total Burden Hours: 753. Frequency: On occasion. Total Burden Cost (capital/startup): $0. Total Burden Cost (operating/ maintenance): $61.50. 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. Debra A. Carr, Director, Division of Policy and Program Development, Office of Federal Contract Compliance Programs. SUPPORTING STATEMENT U.S. DEPARTMENT OF LABOR OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS AGREEMENT APPROVAL PROCESS FOR USE OF COMPLAINT FORM CC– 4 OMB No.1250–0002 asabaliauskas on DSK3SPTVN1PROD with NOTICES A. JUSTIFICATION The Office of Federal Contract Compliance Programs (OFCCP) is responsible for administering three equal opportunity laws: • 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, 38 U.S.C. 4212 (VEVRAA) E.O. 11246 prohibits federal contractors and subcontractors 2 from discriminating in employment on the basis of race, color, religion, sex, sexual orientation, gender identity, and national origin. It also requires contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. Additionally, E.O. 11246 prohibits contractors from taking 2 Hereinafter, the use of the term ‘‘contractor’’ includes any contractors and subcontractors covered by the laws enforced by OFCCP. For E.O. 11246, the term includes federally assisted construction contractors. VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 adverse employment actions against applicants and employees for asking about, discussing, or sharing information about their pay or, in certain circumstances, the pay of their co-workers. E.O. 11246 applies to contractors 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. E.O. 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 discrimination by covered contractors against individuals on the basis of disability, and requires affirmative action on behalf of qualified individuals with disabilities. Section 503 requirements apply to federal contracts and subcontracts in excess of $15,000.3 VEVRAA prohibits employment discrimination against protected veterans, namely disabled veterans, recently separated veterans, active duty wartime or campaign badge veterans, and Armed Forces service medal veterans. VEVRAA requires contractors to take affirmative action to hire, advance in employment and otherwise treat protected veterans without discrimination. VEVRAA requirements apply to federal contracts and subcontracts of $150,000 or more.4 Pursuant to the upcoming expiration of OMB No. 1250–0002, this information collection request (ICR) seeks approval of OFCCP’s complaint information collection form, titled ‘‘Complaint Involving Employment Discrimination by a Federal Contractor or Subcontractor (‘‘complaint form’’ or ‘‘Form CC–4’’). This ICR also seeks approval of the revised complaint form and accompanying instructions page to reflect two amendments to Executive Order 11246: (1) Executive Order 13762, which added ‘‘sexual orientation’’ and 3 Effective October 1, 2010, the coverage threshold under Section 503 increased from $10,000 to $15,000, in accordance with the inflationary adjustment requirements in 41 U.S.C. 1908. See, Federal Acquisition Regulation; Inflation Adjustment of Acquisition-Related Thresholds, 75 CFR 53129 (Aug. 30, 2010). 4 Effective October 1, 2015, the coverage threshold under VEVRAA increased from $100,000 to $150,000, in accordance with the inflationary adjustment requirements in 41 U.S.C. 1908. See, Federal Acquisition Regulation; Inflation Adjustment of Acquisition-Related Thresholds, 80 FR 38293 (July 2, 2015). PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 ‘‘gender identity’’ as protected bases 5 and (2) Executive Order 13665, which added a basis to protect any applicant or employee who inquires about, discusses, or discloses compensation.6 There are no substantive changes to the complaint form that impact burden. 1. LEGAL AND ADMINISTRATIVE REQUIREMENTS No private right of action exists under E.O. 11246, Section 503 or VEVRAA, which means that a private individual may not bring a lawsuit against an employer or prospective employer for noncompliance with its obligations under the authorities enforced by OFCCP. However, any employee or applicant for employment with a contractor may use a complaint form to file a complaint with OFCCP alleging discrimination or failure to comply with affirmative action obligations.7 OFCCP investigates these complaints and retains the discretion whether to pursue administrative or judicial enforcement. To file a complaint with OFCCP, a complainant or authorized representative may complete Form CC– 4. Alternatively, a complainant may 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. A complaint alleging discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin must be filed within 180 days from the date of the alleged discrimination, unless the time for filing is extended for good cause shown. Complainants alleging discrimination for discussing, disclosing, or inquiring about pay also have 180 days from the date of the alleged discrimination to file a complaint. If the complaint alleges a violation based on disability or status as a protected veteran, the complaint must be filed within 300 days unless the time for filing is extended for good cause shown. Some examples of what may constitute good cause include: mental or 5 See, Executive Order 13672, Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity, 79 FR 42971 (July 23, 2014). 6 See, Executive Order 13665, Non-Retaliation for Disclosure of Compensation Information, 70 FR 20749 (April 11, 2014). 7 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 comply with its affirmative action obligations. See, 41 CFR 60–300.61(a) and 41 CFR 60–741.61(b). E:\FR\FM\01JYN1.SGM 01JYN1 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices physical incapacity; military deployment, incarceration, or possibly being unaware of the discrimination; misleading information provided by the employer or Agency that prevents or delays filing; or information withheld by the employer that prevents or delays filing. OFCCP may refer complaints filed on bases covered under Executive Order 11246 or Section 503 to the U.S. Equal Employment Opportunity Commission (EEOC) as described in the most recent formal agreement entered into by OFCCP and the EEOC.8 Complaints filed under Section 503 may be referred to EEOC using the procedures found at 41 CFR 60–742.5(d) and 29 CFR 1641.5(e). OFCCP investigates all complaints filed under VEVRAA. 6. CONSEQUENCES IF INFORMATION WERE COLLECTED LESS FREQUENTLY 2. USE OF COLLECTED MATERIAL OFCCP will address public comments at the end of the 60-day public comment period. The complaint form 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 within OFCCP’s jurisdiction, then a complaint investigation is initiated. A standardized complaint form helps guide complainants in providing important information about their discrimination allegations and reduces the time it takes OFCCP staff to determine jurisdiction. This form improves efficiency in responding to complainants and in initiating investigations. 3. USE OF INFORMATION TECHNOLOGY Complainants can download or electronically submit the complaint form via OFCCP’s Web site at https:// www.dol.gov/ofccp/regs/compliance/ pdf/pdfstart.htm. 4. DESCRIPTION OF EFFORTS TO IDENTIFY DUPLICATION Information collected on the complaint form is unique to the individual complainant and no duplication is possible. asabaliauskas on DSK3SPTVN1PROD with NOTICES 5. IMPACT ON SMALL BUSINESSES OFCCP complaints are not filed by business entities but by non-business entities such as individuals or organizations. Therefore, this information collection does not have a significant economic impact on a substantial number of small entities. 8 OFCCP has a Memorandum of Understanding with EEOC that includes coordinated processing of E.O. 11246 complaints, ‘‘Coordination of Functions; Memorandum of Understanding,’’ 76 FR 71029 (Nov. 16, 2011). See also, 41 CFR 60–1.24(a). VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 There is no schedule for the collection of this information. Nonetheless, if OFCCP did not collect this information, there could be a detrimental impact on its ability to carry out its mission and enforce the non-discrimination protections and affirmative action obligations in E.O. 11246, Section 503, and VEVRAA. 7. SPECIAL CIRCUMSTANCES There are no special circumstances for the collection of this information. 8. CONSULTATION OUTSIDE THE AGENCY 9. GIFTS OR PAYMENTS OFCCP does not provide gifts or payments to respondents. 10. CONFIDENTIALITY OF INFORMATION OFCCP complies with the Privacy Act by maintaining confidentiality of the information collected on the complaint form. However, during a complaint investigation, the agency will provide a copy of the complaint form 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 that would easily identify someone other than the complainant. A Privacy Act disclosure statement is included in the instructions for the complaint form, which explains the protections afforded to the information collected on the complaint form and describes how the information may be used in settlement negotiations, verified or disclosed. 11. QUESTIONS OF SENSITIVE NATURE Although the complaint form does not specifically request sensitive or protected information, the complainant may disclose such information when describing the circumstances that led to filing the complaint. As noted above, a Privacy Act disclosure statement is included in the instructions with the form. PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 43257 12. INFORMATION COLLECTION HOUR BURDEN OFCCP received 790 complaints in fiscal year (FY) 2013, 699 complaints in FY 2014, and 769 complaints in FY 2015, which amount to an average of 753 complaints over the last three fiscal years. Based on its experience with complainants and staff, OFCCP estimates that it takes approximately one hour for the completion and submission of the complaint form. OFCCP projects that this information collection will impose a burden of 753 hours to respondents (average rate of 753 annual complaints multiplied by one hour). OFCCP estimates that the cost of completing the CC–4 is $16,671 (i.e., 753 hours multiplied by $22.14 per hour).9 OFCCP assumes the maximum cost burden of completing a complaint form by calculating in the cost estimate that all complainants lose an hour of work to file a complaint. 13. INFORMATION COLLECTION COST BURDEN There are no capital or start-up costs or total operation, maintenance or purchase of services components with filing a complaint. The cost for the complainant is estimated at $0.82 ($0.47 for a stamp to mail the complaint; $0.30 for paper and copying the two sheets of paper; and $0.05 for an envelope). OFCCP receives an annual average of 753 complaints and estimates that approximately 90 percent of complaints are submitted electronically by facsimile or email while the other 10 percent are submitted by mail. Therefore, OFCCP estimates that the 10 percent, or 75 complaints, will cost complainants $61.50 annually (75 complaints multiplied by $0.82). 14. 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 $59,645.13 (753 complaints multiplied by a cumulative labor cost of $79.21 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 9 OFCCP used the average amount that private industry employers spend in employee wages and salaries as reported in Employer Costs for Employee Compensation, December 2015, United States Department of Labor, Bureau of Labor Statistics, Table 5, available at https://www.bls.gov/schedule/ archives/ecec_nr.htm. E:\FR\FM\01JYN1.SGM 01JYN1 43258 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices 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. Grade/step Wage rate 10 Time (hours) 6/10 .............................................................................................................................................. 13/10 ............................................................................................................................................ 14/10 ............................................................................................................................................ Cumulative labor cost per complaint .................................................................................... $19.62 46.00 54.36 ........................ 1 1 0.25 ........................ 15. PROGRAM CHANGES OR BURDEN ADJUSTMENTS 16. PUBLICATION OF DATA FOR STATISTICAL USE Based on the three-year average of complaints received, OFCCP expects to process more complaints (753) than under the previous approved ICR (747). The small increase in burden hours is detailed in the chart below. OFCCP will not publish the data collected on the CC–4. Responses Current ...................... Proposed .................. Adjustment increase Burden hours 747 753 +6 747 753 +6 17. APPROVAL NOT TO DISPLAY THE EXPIRATION DATE OFCCP is not seeking approval to not display the expiration date in this information request. 18. EXCEPTION TO THE CERTIFICATION STATEMENT OFCCP is not seeking exceptions to the certification statement in this information request. B. STATISTICAL METHODS This information collection does not use statistical methods. BILLING CODE 4510–CM–C asabaliauskas on DSK3SPTVN1PROD with NOTICES 10 Average hourly rates are from the Office of Personnel Management (OPM) 2016 General Schedule Salary Table. VerDate Sep<11>2014 20:07 Jun 30, 2016 Jkt 238001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\01JYN1.SGM 01JYN1 Total (wage rate × hours) $19.62 46.00 13.59 79.21 43259 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices Complaint Involving Employment Discrimination by a Federal Contractor or Subcontractor Please read the instructions before completing this form. OMB: 1250-0002 Expires· XXXX I Submit II II Reset Form Print Form I Name (First, Middle, Last): Street Address: City: State: How can we - - Home - - Work - - Cell Telephone Number: reach you? Zip Code: E-mail: Have you filed these allegations of employment discrimination with another federal or local Yes No agency? If yes, which agency: Contact Name: Phone Number: Name (First, Middle, Last): Who can we Street Address: contact if we cannot reach you? City: State: Zip Code: - - Home - - Work - - Cell Telephone Number: E-mail: What is the name of the employer that you believe Company Name: Street Address: discriminated or City: State: Zip Code: retaliated against Telephone Number: you? Give the date(s) and times you believe you were discriminated or retaliated against: Why do you D believe your employer discriminated or retaliated against National Origin 0 American Indian or Alaska Native Indicate Tribal Affiliation: Hispanic or Latino Other 0 0 0 0 0 D Sexual Orientation D D Retaliation Inquiring About Pay Religion D Discussing Pay Sex D Disclosing Pay D D Disability D D Asian Black or African American Native Hawaiian or Other Pacific Islander White Protected Veteran Status D Gender Identity Color D you? Where did you learn you could file a complaint with OFCCP? D Internet D Poster D Community Organization D OFCCP Meeting/Event D Brochure D Other Form CC-4 (revised Ol/20XX) VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4725 E:\FR\FM\01JYN1.SGM 01JYN1 EN01JY16.002</GPH> asabaliauskas on DSK3SPTVN1PROD with NOTICES D Race 0 43260 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices Your Complaint: Please describe below what you think the employer did or didn't do that you believe caused discrimination or retaliation, including: -What actions the employer took against you. -Why you believe those actions were based on your: race; color; religion; sex; sexual orientation; gender identity; national origin; disability; veteran status; and/or inquiries about, discussions, or disclosures of your pay or the pay of others; and/or in retaliation for filing a complaint, participating in discrimination proceedings, opposing unlawful discrimination, or exercising any other rights protected by OFCCP. -When the employer actions happened, where they happened, and who was involved. -What harm, if any, you or others suffered because of the alleged discrimination or retaliation. -What explanation, if any, your employer or people representing your employer offered for their actions. -Who was in the same or similar situation as you and how they were treated. Include information such as the race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or protected status of these individuals, if known. -What information you have about federal contracts the company that you worked for had at the time of the discrimination or retaliation you describe in this complaint. Please attach additional pages, if needed. Do you think the Do you believe other employees or applicants were treated the same way as you described above? Yes No discrimination If so, please explain, using additional pages if necessary. includes or affects others? If you are represented by an attorney, or another person, or an organization, please provide their contact information below. Name (First, Middle, L a s t ) : - - - - - - - - - - - - - - - - - - - - - Do you have an Street A d d r e s s : - - - - - - - - - - - - - - - - - - - - - - - - - - - - attorney or other C i t y : - - - - - - - - - - - - - - State: _ _ _ Zip Code: _ _ _ __ representative? Telephone Number: _ _ _ _ _ _ __ Email:-------------- Who should we contact if we need more information about your description of what occurred? __ You __Your Representative Signature and I hereby authorize the release of any medical information needed for this investigation. Signature of Complainant: _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ _ __ Form CC-4 (Revised Ol/20XX) VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4725 E:\FR\FM\01JYN1.SGM 01JYN1 EN01JY16.003</GPH> asabaliauskas on DSK3SPTVN1PROD with NOTICES 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. Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES Instruction Sheet Use this form to file a complaint against an employer for violating any of the three laws the Office of Federal Contract Compliance Programs (OFCCP) enforces: • 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 job applicants and employees based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability status and status as a protected veteran. This includes discrimination in pay and other forms of compensation. Executive Order 11246, as amended, also prohibits federal contractors from discriminating against applicants and employees for inquiring about, discussing, or disclosing compensation. In addition, it is illegal for these companies to retaliate or otherwise take employment actions that negatively affect job applicants and employees because they filed a complaint, opposed acts or practices made unlawful by OFCCP’s laws, or provided information or assistance during a compliance evaluation or complaint investigation. Retaliatory actions include any intimidation, threat, coercion or discrimination. General Instructions: Print or type the information when filling in the form. Tell us what happened, why you believe it was discrimination or retaliation, and who took the actions you described. Also, explain where and when these things happened, who saw it, and who may have information about what happened to you. Your signature is required on the complaint form, and if it is not on the form when you submit it, we will ask you to sign it. The form includes a place for you to select the reason why you believe your employer discriminated or retaliated against you. If you believe you may have been discriminated or retaliated against for multiple reasons, such as race and sex, select all the protected bases that apply. When describing what happened, tell us how it changed your work. For example, let us know if it caused you not to be hired for a job; caused you to be fired, laid off, demoted, or denied a promotion; or caused you to lose seniority or have your job assignment VerDate Sep<11>2014 19:05 Jun 30, 2016 Jkt 238001 changed. You may have also been paid less than others doing the same or similar work. We also want to know if what happened involved training, pregnancy leave, harassment, accommodation for a disability or for religious observances, or segregation of facilities. You can use a separate piece of paper if you need more space to describe what happened to you. Remember to attach the 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 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 later. There are several categories of veterans protected by VEVRAA: disabled veterans, veterans separated from service for no more than three years, active duty wartime or campaign badge veterans, and armed forces service medal veterans. For more details on these categories, visit OFCCP’s Web site at https:// www.dol.gov/ofccp/posters/ Infographics/ProtectedVet.htm. Where to file the complaint? You should send the completed form to the OFCCP regional office that covers the state where the alleged discrimination happened. 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 on the OFCCP Web site at: https://www.dol.gov/ ofccp/contacts/regkeyp.htm. When to file a complaint? Complaints based on your race, color, religion, sex, sexual orientation, gender identity, or national origin, must be filed within 180 days of the action(s) taken by your employer that you think was either discrimination or retaliation. The same 180-day time frame applies to pay transparency complaints alleging discrimination for discussing, disclosing, or inquiring about pay. Complaints based on your disability or status as a protected veteran must be filed within 300 days of the action(s) taken by your employer that you think was either discrimination or retaliation. Privacy Act Statement The collection of information using this form is authorized by the laws OFCCP enforces, 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. OFCCP uses this information to process complaints and conduct investigations of alleged violations of these employment discrimination laws. OFCCP will provide a copy of this PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 43261 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 estimated burden 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 NW., Room C3325, Washington, DC 20210. Please do not send the completed complaint form to this address. [FR Doc. 2016–15671 Filed 6–30–16; 8:45 am] BILLING CODE 4510–CM–P LEGAL SERVICES CORPORATION Notice and Request for Comments— Final Guidelines for Automated Financial-Eligibility Screening Legal Services Corporation. Notice; request for comments. AGENCY: ACTION: The Legal Services Corporation is publishing for public comment a proposed program letter addressing standards for automated systems that LSC grantees might use to gather financial-eligibility information from applicants for legal services and to make financial-eligibility decisions for those applicants. DATES: The program letter will be effective August 10, 2016. Written comments will be accepted until August 1, 2016. ADDRESSES: Written comments must be submitted to Mark Freedman, Senior Associate General Counsel, Legal SUMMARY: E:\FR\FM\01JYN1.SGM 01JYN1

Agencies

[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43254-43261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15671]


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DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs


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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Labor (DOL), as part of its continuing 
effort to reduce paperwork and respondent

[[Page 43255]]

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), 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. The Office of Federal Contract Compliance Programs 
(OFCCP) is soliciting comments concerning its proposal to renew the 
Office of Management and Budget (OMB) approval of the information 
collection: ``Form CC-4, Complaint Involving Employment Discrimination 
by a Federal Contractor or Subcontractor.'' The current OMB approval 
for Form CC-4 expires on August 31, 2017. 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 August 30, 2016.

ADDRESSES: You may submit comments, identified by Control Number 1250-
0002, by one of the following methods:
    Electronic comments: Through the Federal eRulemaking Portal at 
www.regulations.gov. Follow the instructions for submitting comments.
    Mail, Hand Delivery, Courier: Address comments to Debra Carr, 
Director, Division of Policy and Program Development, Office of Federal 
Contract Compliance Programs, 200 Constitution Avenue NW., Room C3325, 
Washington, DC 20210.
    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. 
Commenters are strongly encouraged to submit their comments 
electronically via the www.regulations.gov Web site or to 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 www.regulations.gov Web site. They 
will also be summarized and/or included in the request for OMB approval 
of the information collection request.

FOR FURTHER INFORMATION CONTACT: Debra Carr, Director, Division of 
Policy and Program Development, Office of Federal Contract Compliance 
Programs, 200 Constitution Avenue NW., Room C3325, Washington, DC 
20210. Telephone: (202) 693-0104 (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 recording), upon 
request, by calling the numbers listed above.

SUPPLEMENTARY INFORMATION: 
    I. Background: The Office of Federal Contractor Compliance Programs 
(OFCCP) administers and enforces the three equal employment opportunity 
laws listed below.
     Executive Order 11246, as amended (E.O. 11246)
     Section 503 of the Rehabilitation Act of 1973, as amended, 
29 U.S.C. 793 (Section 503)
     Vietnam Era Veterans' Readjustment Assistance Act of 1974, 
as amended, 38 U.S.C. 4212 (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 or 
applicant for employment with a federal contractor or subcontractor may 
file a complaint with OFCCP alleging discrimination or failure to 
comply with affirmative action obligations. OFCCP encourages such 
employees and applicants to file their complaints by completing its 
complaint form (``Form CC-4''). OFCCP investigates the complaint but 
retains the discretion whether to pursue administrative or judicial 
enforcement. If a complaint is filed under EO 11246 or Section 503, 
OFCCP may refer it to the U.S. Equal Employment Opportunity Commission 
(EEOC).\1\ OFCCP investigates all complaints filed under VEVRAA. OFCCP 
may refer complaints under any law to the Department of Justice (DOJ).
---------------------------------------------------------------------------

    \1\ See, 41 CFR 60-1.24(a) and 41 CFR 60-741.5.
---------------------------------------------------------------------------

    Under E.O. 11246 the authority for collection of complaint 
information is Section 206(b). The implementing regulations which 
specify the content of this information collection are found at 41 CFR 
60-1.23. Under VEVRAA the authority for collecting complaints 
information is at 38 U.S.C. 4212(b), and the implementing regulations 
which specify the content of VEVRAA complaints are found at 41 CFR 60-
300.61(b). The statutory authority for collecting complaint information 
under Section 503 is at 29 U.S.C. 793, and the implementing regulations 
which specify the content of Section 503 complaints are found at 41 CFR 
60-741.61(c). This information collection request covers the 
recordkeeping and reporting requirements for Form CC-4.
    II. Review Focus: 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: DOL seeks the approval of the extension of 
this information collection instrument in order to carry out its 
responsibility to enforce the affirmative action and nondiscrimination 
provisions of the three authorities, which it administers.
    Type of Review: Renewal.

[[Page 43256]]

    Agency: Office of Federal Contract Compliance Programs.
    Title: Complaint Form CC-4, Complaint Involving 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: 753.
    Total Annual Responses: 753.
    Average Time per Response: 1 hour.
    Estimated Total Burden Hours: 753.
    Frequency: On occasion.
    Total Burden Cost (capital/startup): $0.
    Total Burden Cost (operating/maintenance): $61.50.
    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.

Debra A. Carr,
Director, Division of Policy and Program Development, Office of Federal 
Contract Compliance Programs.

SUPPORTING STATEMENT

U.S. 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

    The Office of Federal Contract Compliance Programs (OFCCP) is 
responsible for administering three equal opportunity laws:
     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, 38 U.S.C. 4212 (VEVRAA)
    E.O. 11246 prohibits federal contractors and subcontractors \2\ 
from discriminating in employment on the basis of race, color, 
religion, sex, sexual orientation, gender identity, and national 
origin. It also requires contractors to take affirmative action to 
ensure that equal opportunity is provided in all aspects of their 
employment. Additionally, E.O. 11246 prohibits contractors from taking 
adverse employment actions against applicants and employees for asking 
about, discussing, or sharing information about their pay or, in 
certain circumstances, the pay of their co-workers. E.O. 11246 applies 
to contractors 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. E.O. 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.
---------------------------------------------------------------------------

    \2\ Hereinafter, the use of the term ``contractor'' includes any 
contractors and subcontractors covered by the laws enforced by 
OFCCP. For E.O. 11246, the term includes federally assisted 
construction contractors.
---------------------------------------------------------------------------

    Section 503 prohibits discrimination by covered contractors against 
individuals on the basis of disability, and requires affirmative action 
on behalf of qualified individuals with disabilities. Section 503 
requirements apply to federal contracts and subcontracts in excess of 
$15,000.\3\
---------------------------------------------------------------------------

    \3\ Effective October 1, 2010, the coverage threshold under 
Section 503 increased from $10,000 to $15,000, in accordance with 
the inflationary adjustment requirements in 41 U.S.C. 1908. See, 
Federal Acquisition Regulation; Inflation Adjustment of Acquisition-
Related Thresholds, 75 CFR 53129 (Aug. 30, 2010).
---------------------------------------------------------------------------

    VEVRAA prohibits employment discrimination against protected 
veterans, namely disabled veterans, recently separated veterans, active 
duty wartime or campaign badge veterans, and Armed Forces service medal 
veterans. VEVRAA requires contractors to take affirmative action to 
hire, advance in employment and otherwise treat protected veterans 
without discrimination. VEVRAA requirements apply to federal contracts 
and subcontracts of $150,000 or more.\4\
---------------------------------------------------------------------------

    \4\ Effective October 1, 2015, the coverage threshold under 
VEVRAA increased from $100,000 to $150,000, in accordance with the 
inflationary adjustment requirements in 41 U.S.C. 1908. See, Federal 
Acquisition Regulation; Inflation Adjustment of Acquisition-Related 
Thresholds, 80 FR 38293 (July 2, 2015).
---------------------------------------------------------------------------

    Pursuant to the upcoming expiration of OMB No. 1250-0002, this 
information collection request (ICR) seeks approval of OFCCP's 
complaint information collection form, titled ``Complaint Involving 
Employment Discrimination by a Federal Contractor or Subcontractor 
(``complaint form'' or ``Form CC-4''). This ICR also seeks approval of 
the revised complaint form and accompanying instructions page to 
reflect two amendments to Executive Order 11246: (1) Executive Order 
13762, which added ``sexual orientation'' and ``gender identity'' as 
protected bases \5\ and (2) Executive Order 13665, which added a basis 
to protect any applicant or employee who inquires about, discusses, or 
discloses compensation.\6\ There are no substantive changes to the 
complaint form that impact burden.
---------------------------------------------------------------------------

    \5\ See, Executive Order 13672, Further Amendments to Executive 
Order 11478, Equal Employment
    Opportunity in the Federal Government, and Executive Order 
11246, Equal Employment Opportunity, 79 FR 42971 (July 23, 2014).
    \6\ See, Executive Order 13665, Non-Retaliation for Disclosure 
of Compensation Information, 70 FR 20749 (April 11, 2014).
---------------------------------------------------------------------------

1. LEGAL AND ADMINISTRATIVE REQUIREMENTS

    No private right of action exists under E.O. 11246, Section 503 or 
VEVRAA, which means that a private individual may not bring a lawsuit 
against an employer or prospective employer for noncompliance with its 
obligations under the authorities enforced by OFCCP. However, any 
employee or applicant for employment with a contractor may use a 
complaint form to file a complaint with OFCCP alleging discrimination 
or failure to comply with affirmative action obligations.\7\ OFCCP 
investigates these complaints and retains the discretion whether to 
pursue administrative or judicial enforcement.
---------------------------------------------------------------------------

    \7\ 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 comply with its affirmative 
action obligations. See, 41 CFR 60-300.61(a) and 41 CFR 60-
741.61(b).
---------------------------------------------------------------------------

    To file a complaint with OFCCP, a complainant or authorized 
representative may complete Form CC-4. Alternatively, a complainant may 
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.
    A complaint alleging discrimination based on race, color, religion, 
sex, sexual orientation, gender identity, or national origin must be 
filed within 180 days from the date of the alleged discrimination, 
unless the time for filing is extended for good cause shown. 
Complainants alleging discrimination for discussing, disclosing, or 
inquiring about pay also have 180 days from the date of the alleged 
discrimination to file a complaint. If the complaint alleges a 
violation based on disability or status as a protected veteran, the 
complaint must be filed within 300 days unless the time for filing is 
extended for good cause shown. Some examples of what may constitute 
good cause include: mental or

[[Page 43257]]

physical incapacity; military deployment, incarceration, or possibly 
being unaware of the discrimination; misleading information provided by 
the employer or Agency that prevents or delays filing; or information 
withheld by the employer that prevents or delays filing.
    OFCCP may refer complaints filed on bases covered under Executive 
Order 11246 or Section 503 to the U.S. Equal Employment Opportunity 
Commission (EEOC) as described in the most recent formal agreement 
entered into by OFCCP and the EEOC.\8\ Complaints filed under Section 
503 may be referred to EEOC using the procedures found at 41 CFR 60-
742.5(d) and 29 CFR 1641.5(e). OFCCP investigates all complaints filed 
under VEVRAA.
---------------------------------------------------------------------------

    \8\ OFCCP has a Memorandum of Understanding with EEOC that 
includes coordinated processing of E.O. 11246 complaints, 
``Coordination of Functions; Memorandum of Understanding,'' 76 FR 
71029 (Nov. 16, 2011). See also, 41 CFR 60-1.24(a).
---------------------------------------------------------------------------

2. USE OF COLLECTED MATERIAL

    The complaint form 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 within OFCCP's 
jurisdiction, then a complaint investigation is initiated. A 
standardized complaint form helps guide complainants in providing 
important information about their discrimination allegations and 
reduces the time it takes OFCCP staff to determine jurisdiction. This 
form improves efficiency in responding to complainants and in 
initiating investigations.

3. USE OF INFORMATION TECHNOLOGY

    Complainants can download or electronically submit the complaint 
form via OFCCP's Web site at https://www.dol.gov/ofccp/regs/compliance/pdf/pdfstart.htm.

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. IMPACT ON SMALL BUSINESSES

    OFCCP complaints are not filed by business entities but by non-
business entities such as individuals or organizations. Therefore, this 
information collection does not have a significant economic impact on a 
substantial number of small entities.

6. CONSEQUENCES IF INFORMATION WERE COLLECTED LESS FREQUENTLY

    There is no schedule for the collection of this information. 
Nonetheless, if OFCCP did not collect this information, there could be 
a detrimental impact on its ability to carry out its mission and 
enforce the non-discrimination protections and affirmative action 
obligations in E.O. 11246, Section 503, and VEVRAA.

7. SPECIAL CIRCUMSTANCES

    There are no special circumstances for the collection of this 
information.

8. CONSULTATION OUTSIDE THE AGENCY

    OFCCP will address public comments at the end of the 60-day public 
comment period.

9. GIFTS OR PAYMENTS

    OFCCP does not provide gifts or payments to respondents.

10. CONFIDENTIALITY OF INFORMATION

    OFCCP complies with the Privacy Act by maintaining confidentiality 
of the information collected on the complaint form. However, during a 
complaint investigation, the agency will provide a copy of the 
complaint form 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 that would easily 
identify someone other than the complainant. A Privacy Act disclosure 
statement is included in the instructions for the complaint form, which 
explains the protections afforded to the information collected on the 
complaint form and describes how the information may be used in 
settlement negotiations, verified or disclosed.

11. QUESTIONS OF SENSITIVE NATURE

    Although the complaint form does not specifically request sensitive 
or protected information, the complainant may disclose such information 
when describing the circumstances that led to filing the complaint. As 
noted above, a Privacy Act disclosure statement is included in the 
instructions with the form.

12. INFORMATION COLLECTION HOUR BURDEN

    OFCCP received 790 complaints in fiscal year (FY) 2013, 699 
complaints in FY 2014, and 769 complaints in FY 2015, which amount to 
an average of 753 complaints over the last three fiscal years. Based on 
its experience with complainants and staff, OFCCP estimates that it 
takes approximately one hour for the completion and submission of the 
complaint form. OFCCP projects that this information collection will 
impose a burden of 753 hours to respondents (average rate of 753 annual 
complaints multiplied by one hour).
    OFCCP estimates that the cost of completing the CC-4 is $16,671 
(i.e., 753 hours multiplied by $22.14 per hour).\9\ OFCCP assumes the 
maximum cost burden of completing a complaint form by calculating in 
the cost estimate that all complainants lose an hour of work to file a 
complaint.
---------------------------------------------------------------------------

    \9\ OFCCP used the average amount that private industry 
employers spend in employee wages and salaries as reported in 
Employer Costs for Employee Compensation, December 2015, United 
States Department of Labor, Bureau of Labor Statistics, Table 5, 
available at https://www.bls.gov/schedule/archives/ecec_nr.htm.
---------------------------------------------------------------------------

13. INFORMATION COLLECTION COST BURDEN

    There are no capital or start-up costs or total operation, 
maintenance or purchase of services components with filing a complaint. 
The cost for the complainant is estimated at $0.82 ($0.47 for a stamp 
to mail the complaint; $0.30 for paper and copying the two sheets of 
paper; and $0.05 for an envelope). OFCCP receives an annual average of 
753 complaints and estimates that approximately 90 percent of 
complaints are submitted electronically by facsimile or email while the 
other 10 percent are submitted by mail. Therefore, OFCCP estimates that 
the 10 percent, or 75 complaints, will cost complainants $61.50 
annually (75 complaints multiplied by $0.82).

14. 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 $59,645.13 (753 complaints multiplied by a 
cumulative labor cost of $79.21 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

[[Page 43258]]

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
                           Grade/step                             Wage rate \10\   Time (hours)    rate x hours)
----------------------------------------------------------------------------------------------------------------
6/10............................................................          $19.62               1          $19.62
13/10...........................................................           46.00               1           46.00
14/10...........................................................           54.36            0.25           13.59
    Cumulative labor cost per complaint.........................  ..............  ..............           79.21
----------------------------------------------------------------------------------------------------------------

15. PROGRAM CHANGES OR BURDEN ADJUSTMENTS

    Based on the three-year average of complaints received, OFCCP 
expects to process more complaints (753) than under the previous 
approved ICR (747). The small increase in burden hours is detailed in 
the chart below.
---------------------------------------------------------------------------

    \10\ Average hourly rates are from the Office of Personnel 
Management (OPM) 2016 General Schedule Salary Table.

------------------------------------------------------------------------
                                                                  Burden
                                                     Responses    hours
------------------------------------------------------------------------
Current...........................................          747      747
Proposed..........................................          753      753
Adjustment increase...............................           +6       +6
------------------------------------------------------------------------

16. PUBLICATION OF DATA FOR STATISTICAL USE

    OFCCP will not publish the data collected on the CC-4.

17. APPROVAL NOT TO DISPLAY THE EXPIRATION DATE

    OFCCP is not seeking approval to not display the expiration date in 
this information request.

18. EXCEPTION TO THE CERTIFICATION STATEMENT

    OFCCP is not seeking exceptions to the certification statement in 
this information request.

B. STATISTICAL METHODS

    This information collection does not use statistical methods.
BILLING CODE 4510-CM-C

[[Page 43259]]

[GRAPHIC] [TIFF OMITTED] TN01JY16.002


[[Page 43260]]


[GRAPHIC] [TIFF OMITTED] TN01JY16.003


[[Page 43261]]



Instruction Sheet

    Use this form to file a complaint against an employer for violating 
any of the three laws the Office of Federal Contract Compliance 
Programs (OFCCP) enforces:
     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 job applicants and employees 
based on race, color, religion, sex, sexual orientation, gender 
identity, national origin, disability status and status as a protected 
veteran. This includes discrimination in pay and other forms of 
compensation. Executive Order 11246, as amended, also prohibits federal 
contractors from discriminating against applicants and employees for 
inquiring about, discussing, or disclosing compensation.
    In addition, it is illegal for these companies to retaliate or 
otherwise take employment actions that negatively affect job applicants 
and employees because they filed a complaint, opposed acts or practices 
made unlawful by OFCCP's laws, or provided information or assistance 
during a compliance evaluation or complaint investigation. Retaliatory 
actions include any intimidation, threat, coercion or discrimination.
    General Instructions:
    Print or type the information when filling in the form. Tell us 
what happened, why you believe it was discrimination or retaliation, 
and who took the actions you described. Also, explain where and when 
these things happened, who saw it, and who may have information about 
what happened to you. Your signature is required on the complaint form, 
and if it is not on the form when you submit it, we will ask you to 
sign it.
    The form includes a place for you to select the reason why you 
believe your employer discriminated or retaliated against you. If you 
believe you may have been discriminated or retaliated against for 
multiple reasons, such as race and sex, select all the protected bases 
that apply.
    When describing what happened, tell us how it changed your work. 
For example, let us know if it caused you not to be hired for a job; 
caused you to be fired, laid off, demoted, or denied a promotion; or 
caused you to lose seniority or have your job assignment changed. You 
may have also been paid less than others doing the same or similar 
work. We also want to know if what happened involved training, 
pregnancy leave, harassment, accommodation for a disability or for 
religious observances, or segregation of facilities.
    You can use a separate piece of paper if you need more space to 
describe what happened to you. Remember to attach the 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 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 later. There are several 
categories of veterans protected by VEVRAA: disabled veterans, veterans 
separated from service for no more than three years, active duty 
wartime or campaign badge veterans, and armed forces service medal 
veterans. For more details on these categories, visit OFCCP's Web site 
at https://www.dol.gov/ofccp/posters/Infographics/ProtectedVet.htm.
    Where to file the complaint?
    You should send the completed form to the OFCCP regional office 
that covers the state where the alleged discrimination happened. 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 on the OFCCP Web 
site at: https://www.dol.gov/ofccp/contacts/regkeyp.htm.
    When to file a complaint?
    Complaints based on your race, color, religion, sex, sexual 
orientation, gender identity, or national origin, must be filed within 
180 days of the action(s) taken by your employer that you think was 
either discrimination or retaliation. The same 180-day time frame 
applies to pay transparency complaints alleging discrimination for 
discussing, disclosing, or inquiring about pay.
    Complaints based on your disability or status as a protected 
veteran must be filed within 300 days of the action(s) taken by your 
employer that you think was either discrimination or retaliation.

Privacy Act Statement

    The collection of information using this form is authorized by the 
laws OFCCP enforces, 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. OFCCP uses this information to process 
complaints and conduct investigations of alleged violations of these 
employment discrimination 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 estimated burden 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 NW., Room C3325, Washington, DC 20210. Please do 
not send the completed complaint form to this address.
[FR Doc. 2016-15671 Filed 6-30-16; 8:45 am]
 BILLING CODE 4510-CM-P