FR 2020-29254

The document under review is a notice published by the Department of Commerce in the Federal Register, announcing the withdrawal of a proposed information collection request related to complaints of discrimination based on sexual orientation within the department. This decision notably follows the U.S. Supreme Court's ruling in Bostock v. Clayton County, which established that discrimination based on sexual orientation falls under the definition of sex discrimination as prohibited by Title VII of the Civil Rights Act. Consequently, the specific form (Form CD-545) initially used for processing such complaints is now deemed redundant as existing forms used for discrimination complaints are capable of handling these cases.

General Summary

The document outlines that the Department of Commerce is retracting a request for approval from the Office of Management and Budget concerning the use of a particular form intended for logging complaints of employment discrimination based on sexual orientation. The original intention of this form was to provide a framework compliant with Executive Orders and internal documents dating back over two decades. However, following recent legal developments, namely the Bostock decision, such a form is no longer necessary, as the discrimination is now clearly addressed under existing legal structures by federal law.

Significant Issues or Concerns

Several issues are evident within the document. Firstly, while the document references various legal frameworks such as Executive Orders and the Civil Rights Act, it lacks sufficient context or explanation, which could challenge comprehension for readers not familiar with this legal vernacular. The initial necessity for Form CD-545 when federal channels should serve the same purpose raises questions about past inefficiencies which the document does not address. Furthermore, the commentary from Lisa Schnall, extolling the withdrawal of the form, is not elaborated with direct excerpts or detailed clarification, assuming the reader's prior understanding of the nuances.

Impact on the Public

The decision to withdraw this form is likely to have a subtle but important impact on the public, particularly for current and prospective employees of the Department of Commerce. By aligning with the Supreme Court's interpretation, it signals a unified and simplified approach to addressing discrimination complaints. For the general public, especially those who might be or become victims of sexual orientation discrimination, this consolidation minimizes confusion and enhances accessibility to justice.

Impact on Specific Stakeholders

For employees and applicants of the Department of Commerce, the withdrawal can be seen as a positive development. It signals an increased recognition and streamlined handling of complaints related to discrimination based on sexual orientation. Legal professionals and civil rights advocates are likely to view this as a necessary alignment of departmental policy with judicial decisions, ensuring federal consistency.

However, there might also be stakeholders left pondering over the efficacy of previous mechanisms in handling discrimination complaints, given that this transition suggests an improvement. For those who interacted with the prior system, either as users or administrators, questions about procedural clarity and past complaint resolutions may arise.

In essence, while the notice reflects a legal and procedural adaptation to contemporary standards, its presentation lacks context, leaving certain historical and operational insights unexplored, although it attempts to bring about efficiency and consistency for a demanding aspect of employment law.