[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Notices]
[Pages 64086-64088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26800]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Notice of Submission
for OMB Review; Comment Request
AGENCY: Equal Employment Opportunity Commission.
ACTION: 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 gives notice that it is
submitting the information described below to the Office of Management
and Budget (OMB) for a three-year authorization.
DATES: Written comments on this final notice must be submitted on or
before November 16, 2011.
ADDRESSES: The Request for Clearance (SF83-I) and supporting statement
submitted to OMB for review may be obtained from Kathleen Oram, Senior
Attorney, (202) 663-4681, Office of Legal Counsel, Equal Employment
Opportunity Commission, 131 M Street, NE., Washington, DC 20507.
Comments on this final notice must be submitted to Chad Lallemand in
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street, NW., Room 10235, New Executive Office
Building, Washington, DC 20503 or electronically mailed to [email protected]. Comments should also be sent to Stephen
Llewellyn, Executive Officer, Executive Secretariat, Equal Employment
Opportunity Commission, 131 M Street, NE., Washington, DC 20507.
Written comments of six or fewer pages may be faxed to the Executive
Secretariat at (202) 663-4114. (There is no toll free FAX number.)
Receipt of FAX transmittals will not be acknowledged, except that the
sender may request confirmation of receipt by calling the Executive
Secretariat staff at
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(202) 663-4070 (voice) or (202) 663-4074 (TTD). (These are not toll
free numbers).
All comments received by the EEOC will be posted without change to
the Federal eRulemaking Portal: http://www.regulations.gov, including
any personal information provided.
Copies of the received comments also will be available for
inspection in the EEOC Library, FOIA Reading Room, by advance
appointment only, from 9 a.m. to 5 p.m., Monday through Friday, except
legal holidays, from November 16, 2011. Persons who schedule an
appointment in the EEOC Library, FOIA Reading Room, and need assistance
to view the comments will be provided with appropriate aids upon
request, such as readers or print magnifiers. To schedule an
appointment to inspect the comments at the EEOC Library, FOIA Reading
Room, contact the EEOC Library by calling (202) 663-4630 (voice) or
(202) 663-4641 (TTY). (These are not toll free numbers).
FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Senior Attorney, at
(202) 663-4681 (voice), or Thomas J. Schlageter, Assistant Legal
Counsel, (202) 663-4668 (voice) or (202) 663-7026 (TDD).
SUPPLEMENTARY INFORMATION:
Introduction
A notice that EEOC would be submitting this request to the Office
of Management and budget for a three-year approval under the Paperwork
Reduction Act (PRA) was published in the Federal Register on August 3,
2011, allowing for a 60 day comment period. 76 FR 46805 (Aug. 3, 2011).
EEOC received one comment in response to the August 2011 notice.
The comment raises issues and concerns about the Uniform Guidelines on
Employee Selection Procedures themselves and about their recordkeeping
provisions. The comment argues that the Uniform Guidelines are merely
advisory, not mandatory, and notes that the Department of Labor's
Office of Contract Compliance Programs requests applicant information
during compliance evaluations, suggesting that such requests qualify as
a reporting requirement. The comment does not address the August 2011
Paperwork Reduction Act notice itself or EEOC's calculations in the
burden statement.
Overview of 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: 899,580.
Responses: 899,580.
Recordkeeping Hours: 10,783,687 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
assure 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 any
deficiencies in recruitment and selection processes, including
detecting barriers to equal employment opportunity.
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 employers covered under Title VII and Executive Order 11246
are subject to UGESP. For the purpose of burden calculation, employers
with 15 or more employees are counted. The number of such employers is
estimated at 899,580, which combines estimates from private
employment,\1\ the public sector,\2\ colleges and universities,\3\ and
referral unions.\4\
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\1\ ``Employer Firms, Establishments, Employment, Annual Payroll
and Receipts for Small Firm Size Classes, 2007 (http://www.sba.gov/advo/research/data.html#us).
\2\ ``Government Employment & Payroll'' (statistics on number of
federal, state, and local government civilian employees and their
gross payrolls for March 2008); ``2008 State & Local Government''
(data for 50 state governments and all local governments);
Individual Government Data File (http://www.census.gov/govs/apes/indes.html-2010). The number of government entities was adjusted to
only include those with 15 or more employees.
\3\ Postsecondary Institutions in the United States: Fall 2007;
Degrees and Other Awards Conferred: 2006-07; and 12-Month
Enrollment: 2006-07, (http://nces.ed.gov/pubsearch/pubsinfo.spp?pubid=2008159rev).
\4\ EEO-3 Reports filed by referral unions in 2008 with EEOC.
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This burden assessment is based on an estimate of the number of job
applications submitted to all Title VII-covered 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 1,294,042,500, which is based on a National Organizations Survey
\5\ average of approximately 35 applications for every hire and a
Bureau of Labor Statistics data estimate of 36,731,900 annual hires.\6\
It includes 161,300 applicants for union membership reported on the
EEO-3 form for 2008.
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\5\ The National Organizations Survey is a survey of business
organizations across the United States in which the unit of analysis
is the actual workplace, (http://www.icpsr.umich.edu/icpsrweb/ICPSR/studies/04074).
\6\ Bureau of Labor Statistics Job Openings and Labor Turnover
Survey-2010--(http://www.bls.gov/jlt/data.htm) adjusted to only
include hires by firms with 15 or more employees.
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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 would 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 cost of entering 13 keystrokes.
Assuming that the required recordkeeping takes 30 seconds per
record, and assuming a total of 1,294,042,500 paper and electronic
applications per year (as calculated above), the resulting UGESP burden
hours would be 10,783,687. Based on a wage rate of $13.65 per hour for
the individuals entering the data, the collection and storage of
applicant demographic data would come to approximately $147,197,332 per
year for
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Title VII-covered employers. We expect that the foregoing assumptions
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 very large, the average burden per employer is
relatively small. We estimate that UGESP applies to 899,580 employers,
approximately 822,000 of which are small firms (entities with 15-500
employees) according to data provided by the Small Business
Administration Office of Advocacy.\7\ If we assume that a firm with 250
employees (in the mid-range of the 822,000 small employers) has 20 job
openings per year and receives an average of 35 applications per job
opening, the burden hours to collect and store applicants' sex and
race/ethnicity data would be 5.8 hours per year, and the costs would be
$79.11 per year. Similarly, if we assume that an employer with 1,500
employees has 125 job openings to fill each year, and receives 35
applications per opening, the burden hours would be 36.5 hours per year
and the annual costs would be $498.23.
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\7\ See Firm Size Data at http://sba.gov/advo/research/
data.htmlus.
Dated: October 11, 2011.
Jacqueline A. Berrien,
Chair, Equal Employment Opportunity Commission.
[FR Doc. 2011-26800 Filed 10-14-11; 8:45 am]
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