DHS Individual Complaint of Employment Discrimination, DHS Form 3090-1, 41505-41506 [2021-16394]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Pages 41505-41506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16394]


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DEPARTMENT OF HOMELAND SECURITY

[Docket Number DHS-2021-0024]


DHS Individual Complaint of Employment Discrimination, DHS Form 
3090-1

AGENCY: Department of Homeland Security, (DHS).

ACTION: 30-Day notice and request for comments; extension without 
change of a currently approved collection, 1610-0001.

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SUMMARY: The Department of Homeland Security, will submit the following 
Information Collection Request (ICR) to the Office of Management and 
Budget (OMB) for review and clearance in accordance with the Paperwork 
Reduction Act of 1995. DHS previously published this information 
collection request (ICR) in the Federal Register on Friday, May 21, 
2021 for a 60-day public comment period. There were no public comments 
received by DHS. The purpose of this notice is to allow additional 30-
days for public comments.

DATES: Comments are encouraged and will be accepted until September 1, 
2021. This process is conducted in accordance with 5 CFR 1320.1.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

SUPPLEMENTARY INFORMATION:  Explain the circumstances that make the 
collection of information necessary. Identify any legal or 
administrative requirements that necessitate the collection. Attach a 
copy of the appropriate section of each statute and regulation 
mandating or authorizing the collection of information.
    It is the policy of the Government of the United States to provide 
equal opportunity in employment for all persons, to prohibit 
discrimination in employment because of race, color, religion, sex 
(including pregnancy, gender identity, and sexual orientation), 
national origin, age, disability, protected genetic information, or 
status as a parent, and to promote the full realization of equal 
employment opportunity (EEO) through a continuing affirmative program 
in each agency.
    Persons who claim to have been subjected to these types of 
discrimination, or to retaliation for opposing these types of 
discrimination or for participating in any stage of administrative or 
judicial proceedings relating to them, can seek a remedy under Title 
VII of the Civil Rights Act (Title VII) (42 U.S.C. 2000e et seq.) 
(race, color, religion, sex (including pregnancy, gender identity, and 
sexual orientation), national origin), the Age Discrimination in 
Employment Act (ADEA) (29 U.S.C. 621 et seq.) (age), the Equal Pay Act 
(29 U.S.C. 206(d)) (sex), the Rehabilitation Act (29 U.S.C. 791 et 
seq.) (disability), the Genetic Information Nondiscrimination Act 
(GINA) (42 U.S.C. 2000ff et seq.) (genetic information), and Executive 
Order 11478 (as amended by Executive Orders 13087 and 13152) (sexual 
orientation or status as a parent).
    The Department of Homeland Security (DHS), Office for Civil Rights 
and Civil Liberties (CRCL) adjudicates discrimination complaints filed 
by current and former DHS employees, as well as applicants for 
employment at DHS. The complaint adjudication process for statutory 
rights is outlined in the Equal Employment Opportunity Commission 
(EEOC) regulations found at Title 29, Code of Federal Regulations, Part 
1614, and EEOC Management Directive 110. For complaints alleging 
discrimination prohibited by Executive Order 11478, DHS follows 
procedures similar to the procedures for statutory rights, to the 
extent permitted by law.
    The recordkeeping provisions are designed to ensure that a current 
employee, former employee, or applicant for employment claiming to be 
aggrieved, or that person's attorney, provides a signed statement that 
is sufficiently precise to identify the aggrieved individual and the 
agency, and to describe generally the action(s) or practice(s) that 
form the basis of the complaint. The complaint must also contain a 
telephone number, email address, and address where the complainant or 
the representative can be contacted. The complaint form is used for 
original allegations of discrimination and for amendments to pending 
complaints of discrimination. The form also determines whether the 
person is willing to participate in mediation or other available types 
of alternative dispute resolution (ADR) to resolve the complaint; 
Congress has enacted legislation to encourage the use of ADR in the 
federal sector, and the form ensures that such an option is considered 
at this preliminary stage of the EEO complaint process.
    A complainant may access the complaint form on the agency website 
and may submit a completed complaint form electronically to the 
relevant Component's EEO Office. The complaint form can then be 
directly uploaded into the DHS EEO Enterprise Complaints Tracking 
System, also known as ``icomplaints.''
    The burden of compliance with the information collection 
requirement does not impact small businesses or other small entities.
    The information collection frequency specified in the DHS complaint 
form is the minimum amount necessary and

[[Page 41506]]

appropriate for the agency to determine whether the allegations should 
be accepted for investigation, dismissed due to procedural grounds, or 
partially accepted and partially dismissed.
    Complainants are provided a Privacy Act statement noting the 
purposes and uses of the information collected. No assurance of 
confidentiality is provided, because the collection is governed by EEOC 
Management Directive 110, which provides that ``Once the complaint is 
filed, the complaint file, or part of it, may be shared only with those 
who are involved and need access to it. This includes the EEO Director, 
agency EEO officials, and possibly persons whom the aggrieved person 
has identified as being responsible for the actions that gave rise to 
the complaint. The complaint file is not a public document to be 
released outside the EEO complaint process. The identity of the 
aggrieved person does not remain confidential in the formal complaint 
process.'' EEOC Management Directive 110 provides that aggrieved 
persons be so informed by an EEO counselor prior to the initiation of a 
formal complaint.
    There is a decrease in burden. The previous approval documentation 
mistakenly included the burden for Federal Employees. This error has 
been corrected, resulting in the reporting of a reduced annual burden.
    The Office of Management and Budget is particularly interested in 
comments which:
    1. 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;
    2. 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;
    3. Enhance the quality, utility, and clarity of the information to 
be collected; and
    4. 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.

Analysis

    Agency: Department of Homeland Security, (DHS).
    Title: DHS Individual Complaint of Employment Discrimination, DHS 
Form 3090-1.
    OMB Number: 1610-001.
    Frequency: On Occasion.
    Affected Public: Private Sector.
    Number of Respondents: 136.
    Estimated Time per Respondent: 1 Hour.
    Total Burden Hours: 68.

Robert Dorr,
Executive Director, Business Management Directorate.
[FR Doc. 2021-16394 Filed 7-30-21; 8:45 am]
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