[Federal Register: July 30, 2004 (Volume 69, Number 146)]
[Notices]
[Page 45710-45712]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy04-97]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Proposed Collection;
Submission for OMB Review
AGENCY: Equal Employment Opportunity Commission.
ACTION: Final notice of submission for OMB review--``Freedom to
Compete'' Award.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Equal Employment Opportunity Commission (EEOC) hereby gives notice that
it has submitted to the Office of Management and Budget (OMB) a request
for approval of the new information collection request (nominations of
potential award recipients) which will be used for the EEOC's ``Freedom
to Compete'' Award.
DATES: Written comments must be submitted by August 30, 2004.
ADDRESSES: Comments should be submitted to the Office of Information
and Regulatory Affairs, Attention: Karen Lee, Desk Officer for the U.S.
Equal Employment Opportunity Commission, Office of Management and
Budget, 725 17th Street, NW., Room 10235, New Executive Office
Building, Washington, DC 20503 or electronically mailed to
Klee@OMB.EOP.GOV. A copy of those comments should also be sent to
Stephen Llwellyn, Acting Executive Officer, Executive Secretariat,
Equal Employment Opportunity Commission, 10th Floor, 1801 L Street,
NW., Washington, DC 20507. As a convenience to commentators, the EEOC's
Executive Secretariat will accept EEOC's copy of comments by facsimile
(``FAX'') transmission if they are six or fewer pages in length. The
telephone number of the FAX receiver is (202) 663-4114 (this is not a
toll-free number). Only comments of six or fewer pages will be accepted
via FAX transmittal to assure access to the equipment. Receipt of FAX
transmittals will not be acknowledged, except that the sender may
request confirmation of receipt by calling the Executive Secretariat
staff at (202) 663-4070 (voice) or (202) 663-4074 (TTY) (these are not
toll-free telephone numbers). Copies of comments submitted to EEOC by
the public will be available to review at the Commission's library,
Room 6502, 1801 L Street, NW., Washington, DC 20507 between the hours
of 9:30 a.m. and 5 p.m.
FOR FURTHER INFORMATION CONTACT: Lisa Fisher, Acting Director, Office
of Communications and Legislative Affairs, 1801 L Street, NW.,
Washington, DC 20507, (202) 663-4056 (voice). This notice is available
in the following formats: Large print, braille, audio tape and
electronic file on computer disk. Requests for this notice in an
alternative format should be made to the Publications Center at 1-800-
699-3362.
SUPPLEMENTARY INFORMATION: The Equal Employment Opportunity Commission
(EEOC) enforces title VII of the Civil Rights Act of 1964, the Equal
Pay Act, the Age Discrimination in Employment Act, the Rehabilitation
Act, title I of the Americans with Disabilities Act, and the Pregnancy
Employment Discrimination Act. Pursuant to its authority under those
statutes, EEOC launched the ``Freedom to Compete'' (FTC) initiative, a
national outreach, education and coalition-building strategy designed
to complement the agency's enforcement and litigation efforts by
identifying EEO practices and programs worthy of emulation. The
Commission has built and seeks to further build partnerships and
strategic alliances with various stakeholders that can directly and
indirectly ensure equal opportunity in the nation's workplaces. One
component of this initiative is the Equal Employment Opportunity
Commission's ``Freedom to Compete'' Award. The Award is designed to
recognize employers, organizations and entities whose extraordinary
efforts embody the EEOC's mission of ensuring individuals the freedom
to compete in the workplace on a level playing field regardless of
race, color, gender, age, national origin, religion or disability. The
Award will be presented to entities that have demonstrated exemplary
efforts in promoting free and unfettered access to opportunities in the
workplace. The Award will be based on nominations received from the
public.
This notice concerns the nomination form which constitutes a
collection of information under the Paperwork Reduction Act. A prior
notice that the EEOC would be submitting this request
[[Page 45711]]
to OMB for approval under the Paperwork Reduction Act was published at
68 FR 67437 (December 2, 2003), allowing for a 60 day comment period.
Two comments were received, one from the Equal Employment Advisory
Council and one from the National Industry Liaison Group (``NILG'').
Both comments praised the EEOC's effort to recognize excellent
performance in the EEO area, noting that the proposed collection was
both necessary for the EEOC's proper performance and helpful in
providing clarity for individuals interested in emulating a particular
EEO program or initiative. In addition, NILG suggested that nomination
materials be permitted to be filed electronically (the EEOC has adopted
this suggestion) and that the EEOC utilize its own internal records to
determine if award nominees have any EEO charges pending against them
(the EEOC has not adopted this suggestion). The Commission intends to
verify charge information for finalists, but believes that self-
declaration will materially enhance the application process. Award
applicants should be mindful of current charges in drafting nominations
so that their presentations will be realistic and can address trends
and practical results. For example, the applicant may be able to
explain that the number of charges are trending down since
implementation or that they particularly addressed a specific type of
activity (e.g., sexual harassment) and no new charges have been filed
since full implementation. These and other types of relationships
between the implemented practice and pending charges may not be obvious
to Commission staff from Commission data. Of course, if the information
on charges is not readily available (e.g., nominations from third
parties), the nominating party can simply explain that the information
is not available and the Commission will rely on its own data.
Pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. chapter
35, and OMB regulation 5 CFR 1320.8(d)(1), the Commission solicits
public comment on its proposed nomination form to enable it to:
(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
submission of responses.
The remainder of this SUPPLEMENTARY INFORMATION section provides
the public with information it will need to comment on the EEOC
proposal. It contains an overview of the information collection and the
proposed nomination form.
Overview of This Information Collection
Title: Nomination for the Equal Employment Opportunity Commission's
``Freedom to Compete'' Award.
OMB Number: None.
Description of Affected Public: Individuals or households;
Businesses or other for profit, Not-for-profit institutions; State or
local governments.
Number of Responses: 100.
Estimated Reporting Time Per Respondent: 10 hours.
Total Burden Hours: 1,000 hours.
Federal Cost: None.
Proposed Nomination Form
``Freedom To Compete'' Award
The Equal Employment Opportunity Commission's `` Freedom to
Compete'' Award is designed to recognize organizations and individuals
whose extraordinary efforts embody the EEOC's mission of ensuring
individuals the freedom to compete in the workplace on a level playing
field and to go as far as their talent and abilities will allow
regardless of race, color, gender, age, national origin, religion or
disability. Award winners will be given the Commission's ``Freedom to
Compete'' Award, which will be presented by the Chair of the Commission
at an annual ceremony in Washington, DC. All nominees will be required
to disclose any charges and litigation involving the statutes enforced
by the Commission. Receipt of the ``Freedom to Compete'' Award does not
constitute a waiver by the Commission nor will it be considered with
respect to any future charges and investigations against nominees or
award recipients. Background: In 2002, under the leadership of Chair
Cari M. Dominguez, EEOC launched the ``Freedom to Compete'' (FTC)
initiative, a national outreach, education and coalition-building
strategy designed to complement the agency's enforcement and litigation
efforts by identifying EEO practices and programs worthy of emulation.
The Commission has built and seeks to further build partnerships and
strategic alliances with various stakeholders that can directly and
indirectly influence positive change in the nation's workplaces. The
Award will be presented to individuals and organizations that have
demonstrated exemplary efforts in promoting free and unfettered access
to opportunities in the workplace. The Award will be called the
``Freedom to Compete'' Award.
Eligibility Criteria
The following criteria apply to the Freedom to Compete Award
Nominees:
A. The nominees must be public or private employers, corporations,
associations, organizations, or others whose activities exemplify the
goals of the Chair's ``Freedom to Compete'' initiative. Nominees may
self-nominate or be nominated by others.
B. Nominees must have implemented a program or practice that has
successfully removed barriers that hinder free and fair workplace
competition and increased access, inclusion, and/or promotional
opportunities for qualified workers. The program or practice must
involve one or more of the following components: Innovative leadership,
outreach, education, recruitment, training/development, promotion,
retention, and/or mentoring.
C. Nominees must report any unresolved violations of state or
Federal law, or any pending Federal or state enforcement actions, any
corrective actions or consent decrees that have resulted from
litigation under the laws enforced by the Equal Employment Opportunity
Commission.
D. Recipients of this Award agree to participate in programs,
meetings, and/or other collaborative efforts with the Commission for
the purpose of publicizing the award-winning program/effort, and agree
to share information to assist other entities seeking to replicate the
program/effort. Recipients agree to take part in Commission efforts to
promote the ``Freedom to Compete'' Award and the principles of free and
fair workplace competition that underlie the award.
Nomination Submission Requirements
This is an essay format (1,000 words or less) application.
Programs/activities must have been in place for at least one year and
have measurable and demonstrable results. Essays should include the
following:
[[Page 45712]]
A profile of your organization--its mission, size, number
of employees, nature of work, and, if a business, a description of its
products/services, assets and annual revenues.
A description of what led you to implement the program/
practice.
How you went about developing the program/practice.
Describe who was involved, how it evolved, whether any major obstacles
were encountered and how they were overcome, and how long the program/
practice has been in place.
A description of the program/practice. Explain the
structure of the program/practice, how it is managed and measured, and
who is accountable for results.
Describe the level of executive involvement in, and
commitment to, the program/practice during both development and
implementation.
A description of the tangible results. Explain what makes
your program/practice effective, and how it has positively affected the
lives of your workers. Address how the program/practice has helped to
bring about free and fair competition in your workplace.
A description of the joint activities your organization
and the EEOC could undertake to share the program/effort with other
entities and to promote the principles of free and fair workplace
competition in partnership. Explain why others would find your program
valuable.
Timing and Acceptable Methods of Submission of Nominations
Nomination packages must be submitted to ----, 1801 L Street, NW.,
Washington, DC 20507 by ----. Submissions may be made by hand delivery,
by regular mail or electronically to Freedom2eeoc.gov. Any application
received or postmarked after ---- will not be considered. All
applications will be acknowledged.
The Administrative Review Process
Nominations will be evaluated by EEOC staff, with final award
determinations made by the EEOC Chair.
Location
The awards ceremony will generally be held during the month of ----
at a location to be determined by the EEOC Chair.
Paperwork Reduction Act Notice
Persons are not required to respond to a collection of information
unless it displays a currently valid Office of Management and Budget
(OMB) control number. This collection of information is approved under
OMB number ---- (Expiration Date: ----). The obligation to respond to
this information collection is voluntary; however, only nomination that
follow the nomination procedures outlined in this notice will receive
consideration. The average time to respond to this information
collection is estimated to be 10 hours per response; including time for
reviewing instructions, researching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information. Submit comments regarding this estimate;
including suggestions for reducing response time to the U.S. Equal
Employment Opportunity Commission, Office of the Chair, 1801 L Street,
NW., Washington, DC 20507. Please reference to OMB Number ----. We are
very interested in your thoughts and suggestions about your experience
in preparing and filing this nomination packet for the Equal Employment
Opportunity Commission's Freedom to Compete Award. Your comments will
be very useful to the Commission in making improvements in our
solicitation for nominations for this award in subsequent years.
Dated: July 22, 2004.
For the Commission.
Cari M. Dominguez,
Chair.
[FR Doc. 04-17399 Filed 7-29-04; 8:45 am]
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