Notice2024-31755
Agency Information Collection Activities: Extension Without Change of An Existing Collection; Comment 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
January 6, 2025
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 has submitted the information described below to the Office of Management and Budget (OMB) for a three-year extension without change.
Full Text
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<title>Federal Register, Volume 90 Issue 3 (Monday, January 6, 2025)</title>
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[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Notices]
[Pages 646-647]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31755]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Extension Without
Change of An Existing Collection; Comment Request
AGENCY: Equal Employment Opportunity Commission.
ACTION: Final notice of information collection--Uniform Guidelines on
Employee Selection Procedures--extension without change.
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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 has submitted the information described below to the Office of
Management and Budget (OMB) for a three-year extension without change.
DATES: Written comments on this notice must be submitted on or before
February 5, 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 particular information collection by selecting ``Currently
under 30-day Review--Open for Public Comments'' or by using the search
function.
FOR FURTHER INFORMATION CONTACT: Gary Hozempa, Senior Attorney, at
(202) 921-2672 or <a href="/cdn-cgi/l/email-protection#4e092f3c37600621342b233e2f0e2b2b212d60292138"><span class="__cf_email__" data-cfemail="551234272c7b1d3a2f303825341530303a367b323a23">[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:
Overview of Current Information Collection
Collection Title: Recordkeeping Requirements of the Uniform
Guidelines on Employee Selection Procedures, 29 CFR part 1607, 41 CFR
part 60-3, 28 CFR part 50, 5 CFR part 300.
OMB Number: 3046-0017.
Type of Respondent: Businesses or other institutions; Federal
Government; State or local governments and farms.
North American Industry Classification System (NAICS) Code:
Multiple.
Standard Industrial Classification Code (SIC): Multiple.
Description of Affected Public: Any employer, Government
contractor, labor organization, or employment agency covered by the
Federal equal employment opportunity laws.
Respondents: 887,869.
Responses: 887,869.
Recordkeeping Hours: 15,422,941 per year.
Number of Forms: None.
Form Number: None.
Frequency of Report: None.
Abstract: The Uniform Guidelines provide fundamental guidance for
all title VII-covered employers about the use of employment selection
procedures. The records addressed by UGESP are used by respondents to
ensure that they are complying with title VII and Executive Order
11246; by the Federal agencies that enforce title VII and Executive
Order 11246 to investigate, conciliate, and litigate charges of
employment discrimination; and by complainants to establish violations
of Federal equal employment opportunity laws. While there is no data
available to quantify these benefits, the collection of accurate
applicant flow data enhances each employer's ability to address
deficiencies in recruitment and selection processes, including
detecting barriers to equal employment opportunity.
On October 29, 2024, the Commission published a 60-Day Notice
informing the public of its intent to request an extension without
change of the information collection requirements from the Office of
Management and Budget (89 FR 85963 (October 29, 2024). Public comments
were solicited. None were submitted as of the December 30, 2024
deadline for filing.
Burden Statement: There are no reporting requirements associated
with UGESP. The burden being estimated is the cost of collecting and
storing a job applicant's gender, race, and ethnicity data.
The only paperwork burden derives from this recordkeeping. Only
[[Page 647]]
employers covered under title VII and Executive Order 11246 are subject
to UGESP. However, for the purposes of burden calculation, data for all
employers are counted.\1\ The number of employers with 15 or more
employees is estimated at 887,869 which combines estimates from private
employment,\2\ the public sector,\3\ colleges and universities,\4\
apprenticeship programs,\5\ and referral unions.\6\ Employers with 15
or more employees represent approximately 13.5% of all employers in the
U.S. and employ about 86.2% of all employees in the U.S.\7\
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\1\ In calculating burden, data from multiple sources are used.
Some of these sources do not allow us to identify only those
employers who are covered by Title VII (employers with 15 or more
employees).
\2\ Source of original data: U.S Census Bureau, 2021 Statistics
of U.S. Businesses (SUSB) (Dec. 2023). (<a href="https://www.census.gov/data/tables/2021/econ/susb/2021-susb-annual.html">https://www.census.gov/data/tables/2021/econ/susb/2021-susb-annual.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.
\3\ Source of original data: 2022 Census of Governments:
Employment. Individual Government Data File (<a href="https://www.census.gov/data/datasets/2022/econ/apes/2022.html">https://www.census.gov/data/datasets/2022/econ/apes/2022.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.
\4\ Source: U.S. Department of Education, National Center for
Education Statistics, IPEDS, Fall 2022, Institutional
Characteristics component (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 2022-23'' (<a href="https://nces.ed.gov/ipeds/search/viewtable?tableId=35945&returnUrl=%2Fsearch">https://nces.ed.gov/ipeds/search/viewtable?tableId=35945&returnUrl=%2Fsearch</a>).
\5\ Source: U.S. Department of Labor, Registered Apprenticeship
National Results Fiscal Year 2021, Number of active apprenticeship
programs in 2021 (<a href="https://www.dol.gov/agencies/eta/apprenticeship/about/statistics/2021">https://www.dol.gov/agencies/eta/apprenticeship/about/statistics/2021</a>).
\6\ The EEOC has undertaken measures to enhance the agency's
existing EEO-3 data frame (i.e., roster) of potentially eligible
filers that was most recently used during the 2022 EEO-3 data
collection. The number of referral unions was estimated 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 (<a href="https://olmsapps.dol.gov/olpdr/">https://olmsapps.dol.gov/olpdr/</a>).
\7\ Source of original data: U.S Census Bureau, 2021 Statistics
of U.S. Businesses (SUSB) (Dec. 2023). (<a href="https://www.census.gov/data/tables/2021/econ/susb/2021-susb-annual.html">https://www.census.gov/data/tables/2021/econ/susb/2021-susb-annual.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.
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This burden assessment is based on an estimate of the number of job
applications submitted to all employers in one year, including paper-
based and electronic applications. The total number of job applications
submitted every year to covered employers is estimated to be
1,850,752,956 based on an average of approximately 26 applications \8\
for every hire and a Bureau of Labor Statistics data estimate of
71,046,000 annual hires.\9\ This figure also includes 136,806
applicants for union membership reported on the EEO-3 form for 2022.
The employer burden associated with collecting and storing applicant
demographic data is based on the following assumptions: applicants
would need to be asked to provide three pieces of information--sex,
race/ethnicity, and an identification number (a total of approximately
13 keystrokes); the employer may need to transfer information received
to a database either manually or electronically; and the employer would
need to store the 13 characters of information for each applicant.
Recordkeeping costs and burden are assumed to be the time cost
associated with entering 13 keystrokes.
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\8\ The average number of applicants per job opening in 2023,
according to the iCIMS 2024 January Workforce Report (<a href="https://icims.drift.click/January-2024-Workforce-Report">https://icims.drift.click/January-2024-Workforce-Report</a>).
\9\ Bureau of Labor Statistics Job Openings and Labor Turnover
Survey, 2023 annual level data (seasonally adjusted), (<a href="http://www.bls.gov/jlt/data.htm">http://www.bls.gov/jlt/data.htm</a>) is the source of the original data. The
BLS figure includes new hires in both the public and the private
sectors across all employer sizes.
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Assuming that the required recordkeeping takes 30 seconds per
record, and assuming a total of 1,850,752,956 paper and electronic
applications per year (as calculated above), the resulting UGESP burden
hours would be 15,422,941. Based on a wage rate of $22.94 \10\ per hour
for the individuals entering the data, the collection and storage of
applicant demographic data would come to approximately $353,802,267 per
year. The foregoing assumptions likely are over-inclusive because many
employers have electronic job application processes that should be able
to capture applicant flow data automatically. While the burden hours
and costs for the UGESP recordkeeping requirement seem large, the
average burden per employer is relatively small. UGESP applies to an
estimated 887,869 employers, or about 13.5% of employers in the U.S,
and these employers employ about 86.2% of employees in the U.S.\11\
Therefore, the estimated cost per covered employer is about $398.
Additionally, 36.4% of employees work for firms with at least 5,000
employees,\12\ for which the burden of data entry is transferred to the
applicants via use of electronic application systems. Finally, UGESP
allows for simplified recordkeeping for employers with more than 15 but
less than 100 employees.\13\
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\10\ Burden hour cost estimates are based on the median hourly
wage rate of $22.94 for Human Resources Assistants, except payroll
and timekeeping obtained from the Bureau of Labor Statistics, May
2023 (see U.S. Department of Labor, Bureau of Labor Statistics,
Occupational Employment and Wage Statistics, <a href="https://www.bls.gov/oes/current/oes434161.htm">https://www.bls.gov/oes/current/oes434161.htm</a>).
\11\ Source of original data: U.S Census Bureau, 2021 Statistics
of U.S. Businesses (SUSB) (Dec. 2023). (<a href="https://www.census.gov/data/tables/2021/econ/susb/2021-susb-annual.html">https://www.census.gov/data/tables/2021/econ/susb/2021-susb-annual.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.
\12\ Source of original data: 2021 Economic Census. (<a href="https://www.census.gov/data/tables/2021/econ/susb/2021-susb-annual.html">https://www.census.gov/data/tables/2021/econ/susb/2021-susb-annual.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.
\13\ See 29 CFR 1607.15A(1): Simplified recordkeeping for users
with less than 100 employees. In order to minimize recordkeeping
burdens on employers who employ one hundred (100) or fewer
employees, and other users not required to file EEO-1, et seq.,
reports, such users may satisfy the requirements of this section 15
if they maintain and have available records showing, for each year:
(a) The number of persons hired, promoted, and terminated for each
job, by sex, and where appropriate by race and national origin;
(b)The number of applicants for hire and promotion by sex and where
appropriate by race and national origin; and (c) The selection
procedures utilized (either standardized or not standardized).
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For the Commission.
Dated: December 31, 2024.
Charlotte A. Burrows,
Chair.
[FR Doc. 2024-31755 Filed 1-3-25; 8:45 am]
BILLING CODE 6570-01-P
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