Notice2023-05696
Agency Information Collection Activities: DHS Individual Complaint of Employment Discrimination, 1610-0001
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
March 21, 2023
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.
Full Text
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<title>Federal Register, Volume 88 Issue 54 (Tuesday, March 21, 2023)</title>
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[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 16999-17000]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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]
BILLING CODE P
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