80 FR 8676 - Agency Information Collection Activities: DHS Individual Complaint of Employment Discrimination, DHS Form 3090-1

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 80, Issue 32 (February 18, 2015)

The Department of Homeland Security, Office for Civil Rights and Civil Liberties, 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 (Pub. L. 104-13, 44 U.S.C. 35). DHS previously published this information collection request (ICR) in the Federal Register on Wednesday, October 22, 2014 at 79 FR 63138 for a 60-day public comment period. No comments were received by DHS. The purpose of this notice is to allow additional 30-days for public comments.

[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8676-8677]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03219]


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DEPARTMENT OF HOMELAND SECURITY


Agency Information Collection Activities: DHS Individual 
Complaint of Employment Discrimination, DHS Form 3090-1

AGENCY: Office for Civil Rights and Civil Liberties, DHS.

ACTION: 30-day notice and request for comments; reinstatement with 
change of a previously approved collection, 1610-0001.

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SUMMARY: The Department of Homeland Security, Office for Civil Rights 
and Civil Liberties, 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 
(Pub. L. 104-13, 44 U.S.C. 35). DHS previously published this 
information collection request (ICR) in the Federal Register on 
Wednesday, October 22, 2014 at 79 FR 63138 for a 60-day public comment 
period. No comments were 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 March 20, 
2015. This process is conducted in accordance with 5 CFR 1320.1

ADDRESSES: Interested persons are invited to submit written comments on 
the proposed information collection to the Office of Information and 
Regulatory Affairs, Office of Management and Budget. Comments should be 
addressed to OMB Desk Officer, Department of Homeland Security and sent 
via electronic mail to [email protected] or faxed to (202) 
395-5806.

SUPPLEMENTARY 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, national origin, age, disability, protected 
genetic information, sexual orientation, 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

[[Page 8677]]

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, 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 to 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 EEO Management Directive 110. For complaints regarding sexual 
orientation or status as a parent, DHS follows the same procedures as 
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 Web site 
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 proposing to make one change to the DHS complaint form. This change 
is the addition of a new checkbox that says ``gender identity'' as a 
sub-category under the existing checkbox that says ``sex'' on the form. 
Gender identity discrimination is a form of sex discrimination, which 
is covered under title VII. So this information is already included in 
data gathered in EEO complaints; adding the separate check box just 
more clearly identifies a sub-category. This form modification is in 
accordance with new instructions from EEOC--requiring all government 
agencies to specifically identify this type of information on our 
complaint forms.
    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: Office for Civil Rights and Civil Liberties, DHS.
    Title: DHS Individual Complaint of Employment Discrimination.
    OMB Number: 1610-0001.
    Frequency: Annually.
    Affected Public: Federal Government.
    Number of Respondents: 1,200.
    Estimated Time per Respondent: 30 minutes.
    Total Burden Hours: 600 hours.

Carlene C. Ileto,
Executive Director, Enterprise Business Management Office.
[FR Doc. 2015-03219 Filed 2-17-15; 8:45 am]
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