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DISABILITY DISCRIMINATION — 8/01/07

OFCCP seeking comments on complaint form (CC-4)

The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) is seeking comments regarding its request to the Office of Management and Budget (OMB) for the extension of the OFCCP Form CC-4, Complaint of Discrimination in Employment under Federal Government Contracts. Written comments are due on or before September 18, 2007 and must be submitted to: Ms. Hazel M. Bell, U.S. Department of Labor, 200 Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone (202) 693-0418, fax (202) 693-1451, E-mail bell.hazel@dol.gov. Only one method of transmission for comments (mail, fax, or E- mail) should be used.

Background. The OFCCP is responsible for the administration of three equal opportunity programs: Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended and 38 USC §4212, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, as amended (VEVRAA). These programs require affirmative action by federal contractors and subcontractors and prohibit discrimination on the basis of race, color, sex, religion, national origin, status as a qualified individual with disabilities or protected veteran. No private right of action exists under the three programs that are enforced by OFCCP. In other words, a private individual may not bring a lawsuit against an employer (or prospective employer) for noncompliance with its contractual obligations under the laws enforced by OFCCP. However, any employee or applicant for employment with a government contractor may file a complaint with the Department of Labor alleging discrimination by completing Complaint Form CC-4, Complaint of Discrimination in Employment under Federal Government Contracts. The OFCCP investigates the complaint but retains the discretion whether to pursue prosecution. If a complaint filed under Executive Order 11246, as amended, involves discrimination against only one person, the OFCCP will normally refer it to the EEOC. Such referrals are made under a Memorandum of Understanding between the two federal agencies. Complaints that involve groups of people or indicate patterns of discrimination are generally investigated by the OFCCP. The agency also investigates individual or group complaints filed under the disability and veterans laws.

Authority and regulations. Under Executive Order 11246, as amended, the authority for collection of complaint information is Section 206(b). The implementing regulations which specify the content of this information collection are found at 41 CFR §60-1.23(a). Under the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended, the authority for collecting complaints information is at 38 USC §4212(d). The implementing regulations which specify the content of this information collection are found at 41 CFR §60-250.61(b). Section 503 of the Rehabilitation Act of 1973, as amended, is the authority for collecting complaint information under that statute. The implementing regulations which specify the content of this information collection are found at 41 CFR §60-741.61(c).

Form CC-4 is currently approved for use through January 31, 2008. Notice of this request was published in the Federal Register on July 20, 2007 (72 FR 39849).

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

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