Notice2021-16394
DHS Individual Complaint of Employment Discrimination, DHS Form 3090-1
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 2, 2021
Issuing agencies
Homeland Security Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 145 (Monday, August 2, 2021)</title>
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[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Pages 41505-41506]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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]
BILLING CODE 9112-FL-P
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