Agency Information Collection Activities: Extension Without Change of an Existing Collection; Comment Request

Issuing agencies

Abstract

In accordance with the Paperwork Reduction Act of 1995 (PRA), the Equal Employment Opportunity Commission (EEOC or Commission) announces that it intends to submit to the Office of Management and Budget (OMB) a request for a three-year extension without change of the existing information collection described below. The Commission is seeking public comment on the proposed extension.

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<title>Federal Register, Volume 91 Issue 206 (Tuesday, October 27, 2026)</title>
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[Federal Register Volume 91, Number 206 (Tuesday, October 27, 2026)]
[Notices]
[Pages 67570-67572]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21836]


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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: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), 
the Equal Employment Opportunity Commission (EEOC or Commission) 
announces that it intends to submit to the Office of Management and 
Budget (OMB) a request for a three-year extension without change of the 
existing information collection described below. The Commission is 
seeking public comment on the proposed extension.

DATES: Written comments on this notice must be submitted on or before 
December 28, 2026.

ADDRESSES: You may submit comments by any of the following methods--
please use only one method:
    Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the 
instructions on the website for submitting comments.
    Mail: Comments may be submitted by mail to Raymond Windmiller, 
Executive Officer, Executive Secretariat, Equal Employment Opportunity 
Commission, 131 M Street NE, Washington, DC 20507.
    Fax: Comments totaling six or fewer pages may be sent by fax 
machine to 202-663-4114. Receipt of fax transmittals will not be 
acknowledged, except that the sender may request confirmation of 
receipt by calling the Executive Secretariat staff at 202-921-2815 
(voice), 800-669-6820 (TTY), or 844-234-5122 (ASL Video Phone).
    Instructions: All comments received will be posted without change, 
including any personal information you provide, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. However, the EEOC reserves the right to refrain 
from posting libelous or otherwise inappropriate comments, including 
those that contain obscene, indecent, or profane language; that contain 
threats or defamatory statements; that contain hate speech directed at 
race, color, sex, national origin, religion, age, disability, or 
genetic information; or that promote or endorse services or products.
    The comments received will be available for review on a computer in 
the Commission's Headquarters library, 131 M Street NE, Suite 4NW08R, 
Washington, DC 20507, between the hours of 9:00 a.m. and 4:30 p.m. on 
days the Commission is open for business. You must make an appointment 
by contacting library staff at 202-921-3119.

FOR FURTHER INFORMATION CONTACT: Kimberly Essary, Associate Legal 
Counsel, Office of Legal Counsel at 202-921-3152 (voice), 800-669-6820 
(TTY), <a href="/cdn-cgi/l/email-protection#12797b7f7077607e6b3c77616173606b5277777d713c757d64"><span class="__cf_email__" data-cfemail="bed5d7d3dcdbccd2c790dbcdcddfccc7fedbdbd1dd90d9d1c8">[email&#160;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 Age Discrimination in Employment Act of 
1967 (ADEA) allows for individuals to waive rights and claims protected 
under the Act, provided certain circumstances are met; particularly 
that the waiver is knowing and voluntary. For an individual's waiver in 
connection with exit incentives or other employment termination 
programs to be considered knowing and voluntary, the employer must 
inform the individual in writing in a manner calculated to be 
understood by the average individual eligible to participate, and the 
waiver must provide certain information to the individual, including 
information about covered individuals and eligibility, as specified in 
the statute. The EEOC's regulations clarify that the relevant section 
of the ADEA addresses two principal issues: to whom information must be 
provided, and what information must be disclosed to such individuals. 
The employer does not provide this information to the EEOC; the ADEA 
and the EEOC's regulation solely require that the employer provide this 
information to any employee it would apply to, and not to the Federal 
government.
    As defined in OMB's regulation at 5 CFR 1320.3(c), a ``collection 
of information'' under the PRA includes ``requiring the disclosure to 
an agency, third parties or the public of information.'' Pursuant to 
the Paperwork Reduction Act of 1995, and OMB regulation 5 CFR 
1320.8(d)(1), the Commission solicits public comment to enable it to:
    (1) Evaluate whether the collection of information is necessary for 
the proper

[[Page 67571]]

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 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 through 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.

Overview of This Information Collection

    Collection Title: Waivers of Rights and Claims Under the ADEA; 
Informational Requirements.
    OMB Number: 3046-0042.
    Type of Respondent: Business, state or local governments, not for 
profit institutions.
    Description of Affected Public: Any employer with 20 or more 
employees that seeks waiver agreements in connection with exit 
incentive or other employment termination program.
    Number of Respondents: 4,944.
    Estimated Annual Burden Hours: 80,043.
    Burden Hour Cost: $4,661,394.53.
    Federal Cost: None.
    Number of Forms: None.
    Abstract: The EEOC enforces the Age Discrimination in Employment 
Act (ADEA), as amended, which prohibits discrimination against 
employees and applicants for employment who are age 40 or older. The 
ADEA allows employees to waive their rights to challenge termination 
from employment as age discrimination when several statutory conditions 
are met. If a waiver is requested in connection with exit incentives or 
other employment termination programs offered to a group or class of 
employees, the employer must inform the individual in writing of the 
class, unit, or group of individuals covered by such program; any 
eligibility factors for such program; any time limits applicable to 
such program; the job titles and ages of all individuals eligible or 
selected for the program; and the ages of all individuals in the same 
job classification or organizational unit who are not eligible or 
selected for the program. The purpose of requiring the employer to 
disclose this information to an employee is to provide the employee 
with enough information regarding the program to allow that employee to 
make an informed choice as to whether to sign a waiver agreement. The 
ADEA and the implementing regulation require that the employer provide 
this information to applicable employees, not to the EEOC. The 
regulation at 29 CFR 1625.22 reiterates those disclosure requirements. 
The EEOC seeks an extension without change for the third-party 
disclosure requirements contained in this regulation.
    Burden statement: In 2016, the EEOC conducted a limited survey as 
the foundation for estimating the burden hours per Respondent. The 
estimated burden hours per Respondent are a combination of the hours to 
create an ADEA waiver and the hours to distribute the waiver to 
employees as part of an exit incentive or other employment termination 
program. The goal of the 2016 survey was to identify the actual costs 
of creating and distributing ADEA waivers and better understand what 
type of employees were involved in this process. The EEOC learned that 
human resource managers (senior and junior) and legal counsel and staff 
(internal and external counsel) carry most of the paperwork and human 
capital burden for drafting and distributing the waivers to employees.
    In sum, the burden hours for the creation of the ADEA waiver are 
estimated to be 8.25 per Respondent (i.e., employer), while burden 
hours for the distribution of the ADEA waiver are estimated to be 7.94 
per Respondent. Thus, the total burden hours per Respondent is 16.19.
    The total annual burden hour estimate for this information 
collection is calculated by multiplying the number of Respondents 
(i.e., employers) by the total burden hours per Respondent, resulting 
in a total burden hour estimate for this collection of 80,043 hours 
[4,944 Respondents \1\ x 16.19 hours per Respondent].
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    \1\ This figure is based upon data from Challenger, Gray, & 
Christmas, using figures from 2025 for numbers of layoffs and data 
from 2019 to estimate the number of employees laid off per firm. 
Using those figures we calculate the following: 1,206,374 employees 
laid off/244 average employees per firm (based on 2019 data) = 4,944 
firms making layoffs in 2025. See 2025 Year-End Challenger Report: 
Highest Q4 Layoffs Since 2008; Lowest YTD Hiring Since 2010 [verbar] 
Challenger, Gray & Christmas, Inc. [verbar] Outplacement & Career 
Transitioning Services, Accessed July 9, 2026.
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    Per Tables 1 and 2 below, the EEOC estimates that the approximate 
burden hour cost of preparing the ADEA waiver notice is $468.47 per 
Respondent, and the approximate burden hour cost of distributing the 
ADEA waiver notice is $474.37 per Respondent. Thus, the total burden 
hour cost per Respondent is $942.84. For all 4,944 Respondents who are 
projected to have reductions in force and request waiver notices, the 
total preparation cost is $2,316,112.22, and the total distribution 
cost is $2,345,282.31. Thus, the total burden hour cost for all 4,944 
Respondents is $4,661,394.53 [$2,316,112.22 + $2,345,282.31]. Table 1 
reflects the calculation of the costs of creating the ADEA waiver and 
Table 2 reflects the calculation of the costs of distributing the ADEA 
waiver.

              Table 1--Computations Related to Preparing and Drafting ADEA Waiver Burden Estimate *
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                                                    Median wage      Projected
                                                    rate (hour)      hours per     Cost per firm   Total burden
                                                        \1\          employer                        hour cost
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Number of Respondents: 4,944
CLERICAL STAFF..................................          $21.64            0.11           $2.38      $11,768.70
SENIOR HUMAN RESOURCE MANAGERS..................           71.77            0.26           18.66       92,256.03
INTERNAL CORPORATE LEGAL COUNSEL................           76.76            2.23          171.17      846,288.21
EXTERNAL CORPORATE LEGAL COUNSEL................           76.76            2.00          153.52      759,002.88
CHIEF EXECUTIVE OFFICERS........................           50.85            0.12            6.10       30,168.29
COMPUTER SPECIALIST (IT PROFESSIONAL)...........           29.74            0.42           12.49       61,754.52
HUMAN RESOURCE SPECIALIST.......................           36.51            1.61           58.78      290,613.76
PARALEGAL.......................................           30.24            1.50           45.36      224,259.84
                                                 ---------------------------------------------------------------

[[Page 67572]]

 
    Subtotal....................................          394.27            8.25          468.47    2,316,112.22
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* Totals may not sum due to rounding.
\1\ Wage hour rates are based on 2025 Median Pay, the most recent year available, for the occupation indicated.
  They were obtained online from the U.S. Dept. of Labor, Bureau of Labor Statistics, Occupational Outlook
  Handbook, <a href="http://www.bls.gov/ooh/">http://www.bls.gov/ooh/</a>. Accessed via API July 8, 2026.


                   Table 2--Computations Related to Distributing ADEA Waiver Burden Estimate *
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                                                    Median wage      Projected
                                                    rate (hour)      hours per     Cost per firm   Total burden
                                                        \1\          employer                        hour cost
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Number of Respondents: 4,944
HUMAN RESOURCE SPECIALIST.......................          $36.51            0.27           $9.86      $48,736.47
CLERICAL STAFF..................................           21.64            0.50           10.82       53,494.08
SENIOR HUMAN RESOURCE MANAGERS..................           71.77            0.85           61.00      301,606.25
INTERNAL CORPORATE LEGAL COUNSEL................           76.76            2.08          159.66      789,363.00
EXT CORPORATE LEGAL COUNSEL.....................           76.76            2.00          153.52      759,002.88
PARALEGAL.......................................           30.24            1.50           45.36      224,259.84
PAYROLL SPECIALIST..............................           28.01            0.20            5.60       27,696.29
ADMINISTRATIVE SERVICES MANAGER.................           54.87            0.27           14.81       73,244.87
DEPARTMENT EXECUTIVE............................           50.85            0.27           13.73       67,878.65
                                                 ---------------------------------------------------------------
Subtotal........................................          447.41            7.94          474.37    2,345,282.31
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* Totals may not sum due to rounding.
\1\ Wage hour rates are based on 2025 Median Pay, the most recent year available, for the occupation indicated.
  They were obtained online from the U.S. Dept. of Labor, Bureau of Labor Statistics, Occupational Outlook
  Handbook, <a href="http://www.bls.gov/ooh/">http://www.bls.gov/ooh/</a>. Accessed via API July 8, 2026.


    Dated: October 22, 2026.

    For the Commission.
Andrea R. Lucas,
Chair.
[FR Doc. 2026-21836 Filed 10-26-26; 8:45 am]
BILLING CODE 6570-01-P


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