Notice2024-28579
Agency Information Collection Activities: Existing Collection
Primary source
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Published
December 6, 2024
Issuing agencies
Equal Employment Opportunity Commission
Abstract
In accordance with the Paperwork Reduction Act (PRA), the Equal Employment Opportunity Commission (EEOC or Commission) announces that it has submitted to the Office of Management and Budget (OMB) a request for a three-year PRA approval of revisions to the currently approved Local Union Report (EEO-3).
Full Text
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<title>Federal Register, Volume 89 Issue 235 (Friday, December 6, 2024)</title>
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[Federal Register Volume 89, Number 235 (Friday, December 6, 2024)]
[Notices]
[Pages 96968-96970]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28579]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Existing Collection
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice of information collection--proposed revision of Local
Union Report (EEO-3).
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SUMMARY: In accordance with the Paperwork Reduction Act (PRA), the
Equal Employment Opportunity Commission (EEOC or Commission) announces
that it has submitted to the Office of Management and Budget (OMB) a
request for a three-year PRA approval of revisions to the currently
approved Local Union Report (EEO-3).
DATES: Written comments on this notice must be submitted on or before
January 6, 2025.
ADDRESSES: Written comments should be sent within 30 days of
publication of this final notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Find this information collection by selecting ``Currently under
Review--Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Paul Guerino, Director, Data
Development and Information Products Division, Office of Enterprise
Data and Analytics (OEDA), Equal Employment Opportunity Commission, 131
M Street NE, Washington, DC 20507; (202) 921-2928 (voice), (800) 669-
6820 (TTY) or email at <a href="/cdn-cgi/l/email-protection#b9f6fcfdf8f9dcdcd6da97ded6cf"><span class="__cf_email__" data-cfemail="0f404a4b4e4f6a6a606c21686079">[email protected]</span></a>. Requests for this notice in an
alternative format should be made to the EEOC's Office of
Communications and Legislative Affairs at (202) 921-3191 (voice), (800)
669-6820 (TTY), or (844) 234-5122 (ASL Video Phone).
SUPPLEMENTARY INFORMATION: A notice that the EEOC would be submitting
this request was published in the Federal Register on August 16, 2024,
allowing for a 60-day public comment period, which ended on October 15,
2024.\1\ The EEOC received one non-substantive comment during the
public comment period, which was published on the <a href="http://www.regulations.gov">www.regulations.gov</a>
website.\2\
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\1\ See Notice of Information Collection 89 FR 66714 (Aug. 16,
2024) at <a href="https://www.federalregister.gov/documents/2024/08/16/2024-18420/agency-information-collection-activities-existing-collection">https://www.federalregister.gov/documents/2024/08/16/2024-18420/agency-information-collection-activities-existing-collection</a>.
\2\ Available at <a href="https://www.regulations.gov/document/EEOC-2024-0006-0002">https://www.regulations.gov/document/EEOC-2024-0006-0002</a>.
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I. Background
A. The EEO-3 Report
Since 1967, the EEOC has required EEO-3 filers to submit workforce
demographic data. Every labor organization subject to title VII of the
Civil Rights Act of 1964, as amended (title VII) \3\ is required to
file the EEO-3 report, provided it has 100 or more members at any time
during the 12 months preceding the due date of the report and is a
``local union'' (as that term is commonly understood) or an independent
or unaffiliated union. Labor organizations required to report are those
which perform, in a specific jurisdiction, the functions ordinarily
performed by a local union, whether or not they are so designated.
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\3\ 42 U.S.C. 2000e, et seq.
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B. The 60-Day Notice: Request for Three-Year PRA Approval of Revisions
to the EEO-3
Pursuant to the PRA and OMB regulations found at 5 CFR
1320.8(d)(1), the Commission published a Notice in the Federal Register
on August 16, 2024, soliciting public comments during a 60-day period
(``60-day Notice'') on the Commission's intent to seek three-year OMB
approval of revisions to the currently approved EEO-3. In particular,
in its 60-day Notice, the EEOC sought comments to: (1) Evaluate whether
the proposed collection of information is necessary for the proper
performance of the Commission's functions, including whether the
information will have practical utility; (2) Evaluate the accuracy of
the Commission'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 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 60-day Notice
comment period ended on October 15, 2024.
Based on data from the most recent EEO-3 data collection reporting
year (i.e., 2022), as well as ongoing updates by the EEOC to the EEO-3
frame (i.e., filer roster or master list), the EEOC
[[Page 96969]]
anticipates the total number of filers submitting an EEO-3 report may
increase to 5,999 per biennial collection. Accordingly, the burden
estimates in this Notice are based on this revised estimate of the
number of filers.
II. The Public Comments on the 60-Day Notice
The 60-day Notice was published in the Federal Register on August
16, 2024.\4\ The EEOC received one non-substantive comment during the
public comment period, which was published on the <a href="http://www.regulations.gov">www.regulations.gov</a>
website.\5\
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\4\ Available at <a href="https://www.federalregister.gov/documents/2024/08/16/2024-18420/agency-information-collection-activities-existing-collection">https://www.federalregister.gov/documents/2024/08/16/2024-18420/agency-information-collection-activities-existing-collection</a>.
\5\ Available at <a href="https://www.regulations.gov/document/EEOC-2024-0006-0002">https://www.regulations.gov/document/EEOC-2024-0006-0002</a>.
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III. Commission Decisions and Final EEOC Proposals to OMB
The EEOC Will Seek Three-Year Approval of Revisions to the Currently
Approved EEO-3 Local Union Report
After evaluating the one non-substantive comment received from the
public during the 60-day comment period, the Commission has decided it
will seek a three-year approval by OMB of revisions to the EEO-3 Local
Union Report as described in this Notice.
IV. Formal Paperwork Reduction Act Statement
A. Overview of Information Collection
Collection Title: Local Union Report (EEO-3).
OMB Number: 3046-0006.
Frequency of Report: Biennial.
Type of Respondent: Labor organizations with 100 or more members
\6\ that are local unions or independent or unaffiliated unions and
meet certain criteria.
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\6\ Labor organizations required to report are those which
perform, in a specific jurisdiction, the functions ordinarily
performed by a local union, whether or not they are so designated.
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Description of Affected Public: Labor organizations with 100 or
more members \7\ that are local unions or independent or unaffiliated
unions and meet certain criteria.
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\7\ Labor organizations required to report are those which
perform, in a specific jurisdiction, the functions ordinarily
performed by a local union, whether or not they are so designated.
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Reporting Hours: 8,922 per biennial collection.
Respondent Burden Hour Cost: $359,091 per biennial collection.
Federal Cost: $378,002 per biennial collection.
Number of Filers: 5,999 per biennial collection.\8\
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\8\ This figure is based on the expanded frame of potentially
eligible respondents and the response rate for the most recently
completed EEO-3 data collection (the 2022 EEO-3 data collection).
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Number of Responses: 5,999 per biennial collection.
Number of Forms: 1.
Form Number: EEOC Form 274.
Abstract: Section 709(c) of title VII requires labor organizations
to make and keep records relevant to the determination of whether
unlawful employment practices have been or are being committed, to
preserve such records, and to produce reports as the Commission
prescribes by regulation or order.\9\ Pursuant to this statutory
authority, the EEOC issued regulations prescribing the reporting and
related record retention requirements for labor organizations.\10\ The
regulations require every local union to retain the most recent report
filed, to make records necessary for completion of the EEO-3, and to
preserve them for a year (or if a charge of discrimination is filed,
relevant records must be retained until final disposition of the
matter). These recordkeeping requirements are part of standard
administrative practices, and as a result, the EEOC believes that any
impact on burden would be negligible and nearly impossible to quantify.
Additionally, the regulations require labor organizations with 100 or
more members at any time during the 12 months preceding the due date of
the report, and that are a ``local union'' (as that term is commonly
understood) \11\ or are independent or unaffiliated unions, to file
executed copies of the EEO-3 report in conformity with the directions
set forth in the form and accompanying instructions. Under this
authority, such unions are required to report biennially \12\ the
number of their members and applicants for membership by sex and race
or ethnicity.
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\9\ 42 U.S.C. 2000e-8(c).
\10\ The EEOC's EEO-3 regulation is at 29 CFR part 1602 subparts
F and G. The EEOC is responsible for obtaining OMB's PRA approval
for the EEO-3 report.
\11\ Labor organizations required to report are those which
perform, in a specific jurisdiction, the functions ordinarily
performed by a local union, whether or not they are so designated.
\12\ Beginning in 1986, the EEO-3 report has been collected
biennially in even-numbered years. Prior to 1986, the EEO-3 report
was collected annually.
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Please note that on March 28, 2024, OMB published revisions, the
first since 1997, to its Statistical Policy Directive No. 15: Standards
for Maintaining, Collecting, and Presenting Federal Data on Race and
Ethnicity.'' See <a href="https://spd15revision.gov/">https://spd15revision.gov/</a>. The revisions include, for
example, using a single combined race and ethnicity question and adding
Middle Eastern or North African (MENA) as a new minimum reporting
category. Federal agencies, including the EEOC, are required to bring
their data collections into compliance with these standards by March
28, 2029. Because the EEOC's current EEO-3 PRA clearance expires
January 31, 2025, the agency is not proposing updates to its collection
of race and ethnicity data under this Notice in order to provide filers
with sufficient notice of the revised standards and to give the EEOC
sufficient time to implement the revisions across its EEO collections.
These data are currently collected electronically by the EEOC
through a web-based data collection application (i.e., portal) referred
to as the EEO-3 Online Filing System (OFS).\13\ Filers must submit
their data electronically to the web-based portal. The individual EEO-3
reports are confidential.\14\ EEO-3 data are used by the EEOC to
investigate charges of employment discrimination against local unions
and to publish periodic reports on workforce demographics.\15\
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\13\ EEO-3 filers may access the OFS through the EEOC's
dedicated EEO-3 website at <a href="http://www.eeocdata.org/eeo3">www.eeocdata.org/eeo3</a>.
\14\ All reports and any information from individual reports are
subject to the confidentiality provisions of Section 709(e) of title
VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-8(e), as
amended (title VII), and may not be made public by the EEOC prior to
the institution of any proceeding under title VII involving the EEO-
3 data. Any EEOC employee who violates this prohibition may be found
guilty of a criminal misdemeanor and could be fined or imprisoned.
The confidentiality requirements allow the EEOC to publish only
aggregated data, and only in a manner that does not identify any
particular filer or reveal any individual member's personal
information. With respect to other Federal agencies with a
legitimate law enforcement purpose, the EEOC gives access to
information collected under title VII only if the agencies agree in
writing to comply with the confidentiality provisions of title VII.
In addition, section 709(d) of title VII (42 U.S.C. 2000e-8(d))
provides that the EEOC shall furnish upon request and without cost
to State or local civil rights agencies information about employers
in their jurisdiction on the condition that they not make it public
prior to starting a proceeding under State or local law involving
such information. The EEOC shares EEO-3 data with Fair Employment
Practices Agencies (FEPAs) pursuant to Worksharing Agreements that
impose obligations on the contracted FEPA with respect to
confidentiality, privacy, and data security. On a case-by-case
basis, the EEOC may share EEO-3 data with a FEPA that does not have
a Worksharing Agreement, but only if that FEPA agrees to comply with
confidentiality, privacy, and data security obligations similar to
those imposed on FEPAs with Worksharing Agreements.
\15\ Any reports the EEOC publishes based on EEO-3 data include
only aggregated EEO-3 data that protect the confidentiality of each
union's information, as well as the privacy of each member's
personal information.
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B. Burden Statement
The EEOC's Office of Enterprise Data and Analytics (OEDA)
administers the
[[Page 96970]]
agency's data collections, including the EEO-3 data collection. Since
OEDA's creation in 2018, the EEOC has undertaken several efforts to
modernize the agency's data collections and improve the quality of data
collected. OEDA also has streamlined functions, such as providing
additional self-service options, resource materials, and an online
support message center.
As part of these ongoing modernization efforts, and in response to
a recent GAO report \16\ which recommended that the EEOC improve its
approach to routinely identify local unions required to file the EEO-3
report, OEDA has undertaken measures to enhance the agency's EEO-3
frame (i.e., filer roster or master list) of potentially eligible
filers. By comparing the EEOC's 2022 EEO-3 frame to a list of active
unions from the U.S. Department of Labor's Office of Labor Management
Standards (OLMS) Online Public Disclosure Room (OPDR) database,\17\
OEDA identified more than 5,000 local unions that may be eligible to
file during the next biennial EEO-3 data collection. With the addition
of these unions to the EEO-3 frame and considering response rates
during the 2022 EEO-3 data collection, OEDA now estimates 5,999
potential respondents to the agency's next EEO-3 data collection.\18\
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\16\ U.S. Government Accountability Office, ``Workforce
Diversity: Hispanic Workers Are Underrepresented in the Media, and
More Data Are Needed for Federal Enforcement Efforts'', Government
Accountability Office, Sept. 29, 2022, <a href="https://www.gao.gov/products/gao-22-104669">https://www.gao.gov/products/gao-22-104669</a>.
\17\ The OPDR database contains information on approximately
20,000 unions in the United States. See <a href="https://olmsapps.dol.gov/olpdr/">https://olmsapps.dol.gov/olpdr/</a>.
\18\ This estimate covers local unions within the 50 United
States and the District of Columbia, as well as the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, and the U.S. Possessions of
American Samoa, Guam, Northern Mariana Islands, and Wake Island.
Please note that 5,999 respondents may ultimately turn out to be an
overestimate. Following the initial enhancement of the EEO-3 frame,
collection data may yield an unknown number of ineligible filers.
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The EEOC has also updated its methodology for calculating the
biennial burden of the EEO-3 data collection to better reflect the
types of personnel responsible for preparing and filing these reports
on behalf of their unions. Based upon job titles provided during the
2022 EEO-3 data collection by individuals completing the report within
the OFS, the EEOC has identified four specific job categories that
account for the largest amount of time spent biennially on EEO-3
reporting. These job categories include: (1) Secretaries and
Administrative Assistants; (2) Administrative Services and Facilities
Managers; (3) Bookkeeping, Accounting, and Auditing Clerks; and (4)
Executive-Level Staff.\19\
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\19\ Hourly wage rates for these four job categories were
obtained from the U.S. Department of Labor's Bureau of Labor
Statistics (BLS) Occupational Outlook Handbook. See <a href="https://www.bls.gov/ooh/">https://www.bls.gov/ooh/</a>. Please note that the actual job titles reported
during the 2022 EEO-3 data collection were collapsed into these four
BLS occupational categories.
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Additionally, the OFS captures detailed information on when each
filer starts and certifies their report. The EEOC used this information
from the most recent EEO-3 data collection (i.e., 2022) to calculate
more precise burden hour estimates.\20\ As shown in Table 1 below, the
estimated average hour burden per report is 1.49 hours. The total
estimated biennial respondent burden for all filers is 8,922 hours. The
estimated average burden hour cost per report is $59.90, and the
estimated total burden hour cost for all filers per biennial collection
is $359,091.
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\20\ The time estimates are based on the average time elapsed
among filers who completed their reports during the same calendar
day within the OFS.
Table 1--Projected Burden for Each EEO-3 Biennial Reporting Year
[N = 5,999]
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Percent in job Median hourly Hours per Cost per Total burden Total burden
Staff job category category wage rate report report hours hour cost
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Secretaries and Administrative Assistants............... 21.4 $21.19 0.33 $6.99 1,958 $41,490
Administrative Services and Facilities Managers......... 56.5 48.98 0.84 41.14 5,046 247,153
Bookkeeping, Accounting, and Auditing Clerks............ 5.1 22.05 0.09 1.98 546 12,039
Executive-Level Staff................................... 4.4 48.12 0.06 2.89 365 17,564
Other \a\............................................... 12.6 40.56 0.17 6.90 1,007 40,845
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Total \b\........................................... .............. .............. 1.49 59.90 8,922 359,091
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\a\ The average hourly wage rate for the ``Other'' category was derived by taking the weighted mean average of the hourly wage rates of the four BLS job
categories listed in the above table.
\b\ These estimates are based upon filers' use of the OFS to submit reports electronically because paper submissions are no longer accepted. Electronic
filing remains the most efficient, accurate, and secure means of reporting for respondents required to submit EEO-3 data.
Dated: December 2, 2024.
For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2024-28579 Filed 12-5-24; 8:45 am]
BILLING CODE 6570-01-P
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