OFCCP Seeks Input on Revised Complaint Forms

Having recently announced a resumption of its processing of complaints alleging discrimination on the basis of disability or veteran status, the Office of Federal Contract Programs (OFCCP) published a notice in the Federal Register on July 7, 2025, requesting public comment on the forms that the agency makes available to individuals to file complaints. 

OFCCP states in this notice that it is: 

requesting approval to revise questions on the Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor form (CC–4) and Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor form (CC–390) to align with E.O. 14173 by removing items related to E.O. 11246 from these forms.

90 Fed. Reg. 29892 (July 7, 2025)

Since President Trump took office on January 20, finding any OFCCP-related materials has been challenging as most of the agency’s extensive website has been dismantled. However, individuals that want to review the forms at issue can find the following versions online: Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor and Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor.   

Form CC-390, Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor, is used to collect information to determine whether OFCCP is the right agency to handle the complaint given its limited jurisdiction. OFCCP takes the position that submitting the inquiry form does not constitute the filing of a complaint and does not extend the period for filing a complaint.

Form CC-4, Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor, is the form that is used to actually file the complaint.

Both forms, as posted on the Department of Labor’s website, indicate that they were “Revised 7/2025” and appear to have already removed the references to Executive Order 11246.  It bears noting that these revised forms appear to be on the Department of Labor’s website for public use (rather than as examples for comment) as these revisions have not yet been approved by the Office of Management and Budget (OMB) and the currently approved versions do not appear to be available online.  This may be at odds with the requirements of the Paperwork Reduction Act.  Similar concerns were raised in June when OFCCP sent a letter to federal contractors soliciting information without first having the information collection approved by OMB. 

Individuals or organizations wishing to comment on the forms must submit their comments to OFCCP by September 5, 2025.