Agency Information Collection Activities: DHS Individual Complaint of Employment Discrimination, 1610-0001, 16999-17000 [2023-05696]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 16999-17000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05696]


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DEPARTMENT OF HOMELAND SECURITY

[Docket Number DHS-2023-0013]


Agency Information Collection Activities: DHS Individual 
Complaint of Employment Discrimination, 1610-0001

AGENCY: Department of Homeland Security (DHS).

ACTION: 60-Day notice and request for comments.

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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.

DATES: Comments are encouraged and will be accepted until May 22, 2023. 
This process is conducted in accordance with 5 CFR 1320.1

ADDRESSES: You may submit comments, identified by docket number Docket 
# DHS-2023-0013, at:
    [cir] Federal Rulemaking Portal: https://www.regulations.gov. Please 
follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number Docket # DHS- 2023-0013. All comments received will 
be posted without change to https://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov.

SUPPLEMENTARY INFORMATION: This form provides information necessary for 
processing formal complaints of employment discrimination in accordance 
with EEOC Management Directive (EEO-MD) 110, and 29 CFR part 1614. 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 provide 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 and address where the complainant or the representative can be 
contacted. The complaint form is used for original allegations of 
discrimination but also for amendments to underlying 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 their 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.''
    There is no change or adjustment to the burden associated with the 
collection of information associated with the DHS complaint form. DHS 
is not proposing to make any changes to the DHS compliant form. This 
request is a renewal of the current ICR collection expiring in 60 days.
    This is a renewal of the ICR request.
    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.
    Based on an average of the formal EEO complaints filed at DHS 
during Fiscal Years 2014 through 2021, there are approximately 1,200 
respondents each year. Of the 1,200 respondents, 1,064 are federal 
employees who are exempt (noted below). We estimate the

[[Page 17000]]

information collection to take approximately 30 minutes.

136 respondents x \1/2\ hour = 68 hours

    3. Enhance the quality, utility, and clarity of the information to 
be collected; and This information collection is conducted in manner 
consistent with the guidelines in 5 CFR 1320.5(d)(2).
    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. 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.''

Analysis

    Agency: Department of Homeland Security (DHS).
    Title: DHS Individual Complaint of Employment Discrimination.
    OMB Number: 1610-0001.
    Frequency: Annually.
    Affected Public: Affected Public.
    Number of Respondents: 1200.
    Estimated Time per Respondent: 30 Mins.
    Total Burden Hours: 600 Hours.

Robert Dorr,
Executive Director, Business Management Directorate.
[FR Doc. 2023-05696 Filed 3-20-23; 8:45 am]
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