Non-sub request

Justification for Nonmaterial/Nonsubstantive Change

Department of Labor

Civil Rights Center

OMB Control Number 1225-0077

Background

On April 1, 2024, the U.S. Department of Labor Civil Rights Center (CRC) received Office of Management and Budget (OMB) approval for the reauthorization for “Nondiscrimination Compliance Information Reporting” under OMB Control Number 1225-0077. The information collection request outlined the legal authority, procedures, burden, and costs associated with recordkeeping and reporting requirements of recipients of federal financial assistance and other grantees falling under CRC’s authority and jurisdiction. Specifically, recipients of federal financial assistance from the U.S. Department of Labor and related partners, as well as programs or activities conducted by the U.S. Department of Labor or programs or activities related to labor and the workforce, must adhere to the civil rights and equal opportunity obligations enforced and administered by CRC. These entities are subject to five civil rights laws over which CRC has enforcement authority: Section 188 of the Workforce Innovation and Opportunity Act (WIOA) and DOL’s implementing regulations at 29 CFR Part 38; Section 504 of the Rehabilitation Act of 1973, as amended, and DOL’s implementing regulations at 29 CFR Part 32; The Age Discrimination Act of 1972, as amended, and DOL’s implementing regulations at 29 CFR Part 35; Title IX of the Education Amendments of 1972, as amended, and DOL’s implementing regulations at 29 CFR Part 36; and Title VI of the Civil Rights Act of 1964, as amended, and DOL’s implementing regulations at 29 CFR Part 31.

The Complaint Information Form (CIF), DL 1-2014A, was developed to assist members of the public in filing complaints of discrimination arising under these statutes against covered entities.

Summary of Changes

In order to implement Section 3(e) of Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, as it relates to the Paperwork Reduction Act and Privacy Act, the CIF has been modified in the following manners. First, gender identity as a protected basis has been deleted from question 6 as an available response on the CIF. Section 3(e) of Executive Order 14168 states that “agency forms that require an individual’s sex … shall not request gender identity.” Second, in the preface to question 3, a pronoun change is made when the language “Please give the answers the complainant would give if they were filling out the form” is changed to “Please give the answers the complainant would give if the complainant was filling out the form.” Third, the term “gender” is deleted from page 5 of the CIF where Privacy Act protections are discussed in accordance with Section 3(e) of Executive Order 14168.

Changes in Burden

For the currently approved collection, CRC acknowledged the reporting burden for individuals seeking to complete the CIF to file a complaint of discrimination with CRC due to the requirement to provide this information via the currently approved form in either paper or electronic format. CRC estimated it would take 0.5 hours (30 minutes) to identify the needed information to complete the CIF by an estimated total of 304 respondents based on historical data. CRC does not expect the modifications to the CIF will result in a change to the time burden to individuals to complete the form, although there may be fewer respondents who elect to submit a CIF. Currently, under the approved collection, the annual cost for 304 respondents for 152 hours at $30.21 per hourⁱ is $4,591.92 in annual cost burden. CRC estimates that respondents may be reduced by approximately 10 to 294 respondents, in which case at 147 hours at $30.21 per hour, the annual cost burden is lowered to $4,440.87. This amounts to a decrease in the annual cost burden of $151.05.

i The currently approved collection estimated hourly cost ($30.21) on the salary figures for a “23-2011 Paralegals and Legal Assistant” per U.S Bureau of Labor Statistics Occupational and Wages Report found at Paralegals and Legal Assistants (bls.gov). The same figure is used above.

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