Complaint Involving Employment Discrimination by a Federal Contractor or Subcontractor

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form CC-390 Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor	Form and Instruction	New	Available
Form CC-390 Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor	Form and Instruction	New	Repair queued
Form CC-4 Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor	Form and Instruction	Modified	Available
Form CC-4 Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor	Form and Instruction	Modified	Repair queued
FINAL 30 Day Complaint ICR Supporting Statement 4.24.2023.docx	Supporting Statement A	Uploaded 2023-04-24	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
259522	Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor	Form and Instruction	New	Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor
259522	Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor	Form and Instruction	New
13803	Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor	Form and Instruction	Modified	Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor
13803	Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor	Form and Instruction	Modified

ICR Details

OMB Control No: 1250-0002	ICR Reference No: 202304-1250-002
Status: Historical Active	Previous ICR Reference No: 201910-1250-003
Agency/Subagency: DOL/OFCCP	Agency Tracking No:
Title: Complaint Involving Employment Discrimination by a Federal Contractor or Subcontractor
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/13/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/28/2023
Terms of Clearance: OFCCP will continue to use its current complaint form until October 31, 2023, while the agency upgrades its electronic systems for complaint intake and translates the new forms into additional languages.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2026	36 Months From Approved	06/30/2023
Responses	1,718	0	897
Time Burden (Hours)	505	0	897
Cost Burden (Dollars)	1,744	0	169

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Abstract: OFCCP is seeking reauthorization of the ICR for its complaint program. The ICR includes the form that applicants and employees of contractors, authorized representatives, or third parties can use to file an employment discrimination complaint with OFCCP. OFCCP is proposing changes to the complaint form to improve the efficiency of its complaint intake process, increase the ease of use of its forms, and benefit workers. OFCCP is also requesting approval of an additional form that applicants and employees of contractors, authorized representatives, or third parties would use to submit a pre-complaint inquiry prior to filing a formal complaint of discrimination. Together these forms would allow OFCCP to modify its complaint intake procedures to adopt a two-step complaint intake process.

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Authorizing Statute(s): EO: EO 11246 Name/Subject of EO: Equal Employment Opportunity
   US Code: 29 USC 793 Name of Law: Rehabilitation Act of 1973
   US Code: 38 USC 4212 Name of Law: Vietnam Era Veterans' Readjustment Assistance Act of 1974
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 2971	01/18/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 26343	04/28/2023
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor	CC-4	Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor
Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor	CC-390	Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,718	897	0	0	821	0
Annual Time Burden (Hours)	505	897	0	0	-392	0
Annual Cost Burden (Dollars)	1,744	169	0	0	1,575	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: OFCCP is introducing the pre-complaint inquiry form as part of a two-step process to decrease the total burden for this collection. The increase in the number of annual responses is a result of an increase in the three year average for the number of complaints received by the agency. The decrease in the annual time burden is the result of a significant decrease in the number of people OFCCP expects to complete the CC-4. As part of the two-step intake process, people will first have to complete the pre-complaint inquiry (which is less burdensome) before filing a formal complaint. The increase in cost burden is the result of the two step process and an increase in the three year average for the number of complaints received by the agency.

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Annual Cost to Federal Government: $84,991

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/28/2023

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