Notice2021-17931
Agency Information Collection Activities: Extension Without Change of an Existing Collection; Comments Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2021
Issuing agencies
Equal Employment Opportunity Commission
Abstract
In accordance with the Paperwork Reduction Act of 1995, the Equal Employment Opportunity Commission (EEOC or Commission) announces that it is submitting to the Office of Management and Budget (OMB) a request for a three-year extension without change of the existing recordkeeping requirements under its regulations.
Full Text
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<title>Federal Register, Volume 86 Issue 160 (Monday, August 23, 2021)</title>
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[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47104-47105]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17931]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Extension Without
Change of an Existing Collection; Comments Request
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Equal Employment Opportunity Commission (EEOC or Commission) announces
that it is submitting to the Office of Management and Budget (OMB) a
request for a three-year extension without change of the existing
recordkeeping requirements under its regulations.
DATES: Written comments on this notice must be submitted on or before
September 22, 2021.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal
Counsel, at (202) 921-2665 or <a href="/cdn-cgi/l/email-protection#137872677b7f76767d3d7c61727e5376767c703d747c65"><span class="__cf_email__" data-cfemail="4e252f3a26222b2b2060213c2f230e2b2b212d60292138">[email protected]</span></a>, or Erin Norris,
Senior Attorney, at (980) 296-1286 or <a href="/cdn-cgi/l/email-protection#7f1a0d16115111100d0d160c3f1a1a101c51181009"><span class="__cf_email__" data-cfemail="1570677c7b3b7b7a67677c665570707a763b727a63">[email protected]</span></a>. Requests
for this notice in an alternative format should be made to the Office
of Communications and Legislative Affairs at (202) 921-3191 (voice),
(800) 669-6820 (TTY), or (844) 234-5122 (ASL Video Phone).
SUPPLEMENTARY INFORMATION: The Equal Employment Opportunity Commission
(EEOC) enforces Title VII of the Civil Rights Act of 1964 (Title VII),
Title I of the Americans with Disabilities Act (ADA), and Title II of
the Genetic Information Nondiscrimination Act of 2008 (GINA), which
collectively prohibit discrimination on the basis of race, color,
religion, sex, national origin, disability, or genetic information.
Section 709(c) of Title VII, section 107(a) of the ADA, and section
207(a) of GINA authorize the EEOC to issue recordkeeping and reporting
regulations that are deemed reasonable, necessary or appropriate. The
EEOC has promulgated recordkeeping regulations under those authorities
that are contained in 29 CFR part 1602. These regulations do not
require the creation of any particular records but generally require
employers and labor organizations to preserve any personnel and
employment records they make or keep for a period of one year or two
years, and possibly longer if a charge of discrimination is filed. The
EEOC seeks an extension without change of OMB's clearance under the PRA
of these recordkeeping requirements.
A notice that EEOC would be submitting this request was published
in the Federal Register on May 26, 2021, allowing for a 60-day public
comment period. One comment was received from the public; however, the
comment did not address EEOC's recordkeeping requirements. Accordingly,
no changes have been made to the requirements based upon the comment.
Overview of Current Information Collection
Collection Title: Recordkeeping Under Title VII, the ADA, and GINA.
OMB Number: 3046-0040.
Description of Affected Public: Employers and labor organizations
subject to Title VII.
Number of Respondents: 989,379.
Number of Reports Submitted: 0.
Estimated Burden Hours: 162,223.
Cost to Respondents: $0.
Federal Cost: None.
Number of Forms: None.
Abstract: Section 709(c) of Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. 2000e-8(c), section 107(a) of the ADA, 42
U.S.C. 12117(a), and section 207(a) of GINA, 42 U.S.C. 2000ff-6(a),
direct the Commission to establish regulations pursuant to which
entities subject to those Acts shall make and preserve certain records
to assist the EEOC in ensuring compliance with the Acts' prohibitions
on employment discrimination. Accordingly, the EEOC issued regulations
setting out recordkeeping requirements for private
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employers (29 CFR 1602.14); employers, labor organizations, and joint
labor-management committees that control apprenticeship programs (29
CFR 1602.21(b)); labor organizations (29 CFR 1602.28(a)); state and
local governments (29 CFR 1602.31); elementary and secondary school
systems or districts (29 CFR 1602.40); and institutions of higher
education (29 CFR 1602.49(a)). Any of the records maintained which are
subsequently disclosed to the EEOC during an investigation are
protected from public disclosure by the confidentiality provisions of
section 706(b) and 709(e) of Title VII, which are also incorporated by
reference into the ADA at section 107(a) and GINA at section 207(a).
Burden Statement: The estimated number of respondents subject to
this recordkeeping requirement is 989,379 entities, which combines
estimates from private employment,\1\ the public sector,\2\ colleges
and universities,\3\ apprenticeship programs,\4\ and referral
unions.\5\ An entity subject to the recordkeeping requirement in 29 CFR
part 1602 must retain all personnel or employment records, records
relating to apprenticeship, or union membership or referral records
made or kept by that entity for one year (private employers and
referral unions) or two years (public sector, colleges and
universities, apprenticeship programs), and must retain any records
relevant to charges of discrimination filed under Title VII, the ADA,
or GINA until final disposition of those matters, which may be longer
than one or two years. This recordkeeping requirement does not require
reports or the creation of new documents, but merely requires retention
of documents that an entity has already made or kept in the normal
course of its business operations. Thus, existing employers and labor
organizations bear no burden under this analysis, because their systems
for retaining these types of records are already in place. Newly formed
entities may incur a small burden when setting up their data collection
and retention systems to ensure compliance with EEOC's recordkeeping
requirements. We assume some effort and time must be expended by new
employers or labor organizations to familiarize themselves with Title
VII, ADA, and GINA recordkeeping requirements and explain those
requirements to the appropriate staff. We estimate that 30 minutes
would be needed for this one-time familiarization process. Using
projected business formation estimates from the U.S. Census Bureau for
2020 and the number of new apprenticeship programs established in 2020
provided by the Department of Labor, we estimate that there are 324,446
entities that would incur this start-up burden.\6\ Assuming a 30-minute
burden per entity, the total annual hour burden is 162,223 hours (.5
hour x 324,446 new entities = 162,223 hours).
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\1\ Source of original data: 2017 Economic Census. (<a href="https://www.census.gov/content/census/en/data/datasets/2017/econ/susb/2017-susb.html">https://www.census.gov/content/census/en/data/datasets/2017/econ/susb/2017-susb.html</a>). Local Downloadable CSV data. Select U.S. & states, 6
digit NAICS. The original number of employers was adjusted to only
include those with 15 or more employees.
\2\ Source of original data: 2017 Census of Governments:
Employment. Individual Government Data File (<a href="https://www.census.gov/data/tables/2017/econ/apes/annual-apes.html">https://www.census.gov/data/tables/2017/econ/apes/annual-apes.html</a>), Local Downloadable
Data zip file ``Individual Unit Files''. The original number of
government entities was adjusted to only include those with 15 or
more employees.
\3\ Source: U.S. Department of Education, National Center for
Education Statistics, IPEDS, Fall 2017. Postsecondary Institutions
and Cost of Attendance in 2017-18; Degrees and Other Awards
Conferred: 2016-17; and 12-Month Enrollment: 2016-17: First Look
(Provisional Data), See Table 1, ``Number and percentage
distribution of Title IV institutions, by control of institution,
level of institution, and region: United States and other U.S.
jurisdictions, academic year 2017-2018'' (<a href="https://nces.ed.gov/pubSearch/pubsinfo.asp?pubid=2018060REV">https://nces.ed.gov/pubSearch/pubsinfo.asp?pubid=2018060REV</a>).
\4\ Source: U.S. Department of Labor. Registered Apprenticeship
National Results Fiscal Year 2020. Number of active apprenticeship
programs in 2020 (<a href="https://www.dol.gov/agencies/eta/apprenticeship/about/statistics/2020">https://www.dol.gov/agencies/eta/apprenticeship/about/statistics/2020</a>).
\5\ EEO-3 Reports filed by referral unions in 2018 with EEOC.
\6\ Sources: Business Formation Statistics from the U.S. Census
Bureau (<a href="https://www.census.gov/econ/bfs/index.html">https://www.census.gov/econ/bfs/index.html</a>). Total projected
business formation statistics (series BF_PBF4Q) for 2020, across all
industries, for the US, not seasonally adjusted; Department of
Labor, New Apprenticeship programs for 2020 (<a href="https://www.dol.gov/agencies/eta/apprenticeship/about/statistics/2020">https://www.dol.gov/agencies/eta/apprenticeship/about/statistics/2020</a>).
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For the Commission.
Dated: August 13, 2021.
Charlotte A. Burrows,
Chair.
[FR Doc. 2021-17931 Filed 8-20-21; 8:45 am]
BILLING CODE 6570-01-P
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