[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Notices]
[Pages 51155-51161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20444]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Proposed Collection;
Comments Request
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice of Information Collection--Extension With Change: State
and Local Government Information Report (EEO-4).
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SUMMARY: In accordance with the Paperwork Reduction Act, the Equal
Employment Opportunity Commission (EEOC) announces that it intends to
submit to the Office of Management and Budget (OMB) a request for a
three-year extension with change of the State and Local Government
Information Report (EEO-4 Report, Form 164). EEOC is in the process of
revising the race and ethnicity categories on the EEO-4 report to
conform to OMB's Revisions to the Standards for the Classification of
Federal Data on Race and Ethnicity (October 30, 1997) (Revised
Standards), as applied in OMB Bulletin No. 00-02, Guidance on
Aggregation and Allocation of Data on Race for Use in Civil Rights
Monitoring and Enforcement (March 9, 2000). See Appendix A for a draft
version of the proposed Form 164. Pending OMB approval of an emergency
extension request, to be effective after the current August 31, 2014
expiration date, a regular clearance request for OMB review and
approval of a three-year extension of the EEO-4 Report is beginning.
DATES: Written comments on this notice must be submitted on or before
October 27, 2014. Pursuant to 42 U.S.C. 2000e-8(c), a public hearing
concerning the proposed changes to the EEO-4 will be held at a place
and time to be announced. Persons wishing to present their views orally
should notify the Commission of their desire to do so in writing no
later than September 26, 2014. The request to present views orally at a
public hearing should include a written summary of the remarks to be
offered.
ADDRESSES: Comments should be sent to Bernadette Wilson, Acting
Executive Officer, Executive Secretariat, Equal Employment Opportunity
Commission, 131 M Street NE., Washington, DC 20507. As a convenience to
commenters, the Executive Secretariat will accept comments totaling six
or fewer pages by facsimile (``FAX'') machine. This limitation is
necessary to assure access to the equipment. The telephone number of
the fax receiver is (202) 663-4114. (This is not a toll-free 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 (202) 663-4070 (voice) or (202) 663-4074 (TTD).
(These are not toll-free telephone numbers.) Instead of sending written
comments to EEOC, you may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments. All comments received through this portal will be posted
without change, including any personal information you provide, except
as noted below. Copies of comments submitted by the public to EEOC
directly or through the Federal eRulemaking Portal will be available
for review, by advance appointment only, at the Commission's library
between the hours of 9:00 a.m. and 5 p.m. Eastern Time or can be
reviewed at http://www.regulations.gov. EEOC reserves the right to
refrain from posting comments, including those that contain obscene,
indecent, or profane language; contain threats or defamatory
statements; contain hate speech directed at race, color, sex, sexual
orientation, national origin, ethnicity, age, religion, or disability;
or promote or endorse services or products. To schedule an appointment
to inspect the comments at EEOC's library, contact the library staff at
(202) 663-4630 (voice) or (202) 663-4641 (TTY). (These are not toll-
free numbers.)
FOR FURTHER INFORMATION CONTACT: Ronald Edwards, Director, Program
Research and Surveys Division, Equal Employment Opportunity Commission,
131 M Street NE., Room 4SW30F, Washington, DC 20507; (202) 663-4949
(voice) or (202) 663-7063 (TTY). Requests for this notice in an
alternative format should be made to the Office of Communications and
Legislative Affairs at (202) 663-4191 (voice) or (202) 663-4494 (TTY).
SUPPLEMENTARY INFORMATION: The EEOC has collected information from
state and local governments with 100 or more full-time employees since
1974. The Commission now proposes to revise the EEO-4 report to conform
with OMB's Revisions to the Standards for the Classification of Federal
Data on Race and Ethnicity (October 30, 1997) (Revised Standards), as
applied in OMB Bulletin No. 00-02, Guidance on Aggregation and
Allocation of Data on Race for Use in Civil Rights Monitoring and
Enforcement (March 9, 2000). This will require a change of the Form
164.
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EEOC will revise the EEO-4 report to include the following race and
ethnicity categories: Hispanic or Latino; White; Black or African
American; Asian; Native Hawaiian or Other Pacific Islander; American
Indian or Alaska Native; and Two or More Races.
Overview of Current Information Collection
Collection Title: State and Local Government Information Report
(EEO-4).
OMB--Number: 3046-0008.
Frequency of Report: Biennial.
Type of Respondent: State and local government jurisdictions with
100 or more employees.
Description of Affected Public: State and local governments
excluding elementary and secondary public school districts.
Number of Responses: 12,458.
Reporting Hours: 89,188.
Cost Burden: $21,600,000.
Number of Forms: 1.
Form Number: EEOC FORM 164.
Federal Cost: $226,549.
Abstract: Section 709(c) of Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. 2000e-8(c), requires employers to make and
keep records relevant to a 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. Accordingly, the EEOC issued regulations at 29 CFR 1602.32-
1602.37 prescribing the reporting requirements for State and local
governments. State and local governments with 100 or more employees
have been required to submit EEO-4 reports since 1974 (biennially in
odd-numbered years since 1993). The individual reports are
confidential.
EEO-4 data are used by the EEOC to investigate charges of
discrimination against state and local governments and to provide
information on the employment status of minorities and women. The data
are shared with several other Federal agencies. Pursuant to section
709(d) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-
8(d), as amended, EEO-4 data are shared with State and Local Fair
Employment Practices Agencies (FEPAs). Aggregated data are also used by
researchers and the general public.
Burden Statement: The estimated number of respondents included in
the EEO-4 survey is 9,000 state and local governments. (These 9,000
jurisdictions file about 12,458 reports based on the 2011 filing of the
EEO-4.) Reports exceed jurisdictions due to the requirement for some to
file separate reports by function. The changes discussed herein will
increase respondent burden hours from 73,185 to 89,188 and EEOC costs
from $187,500 to $226,549. The burden per report will be 7.16 hours.
Estimated burden hours were calculated by multiplying the number of
reports expected to be filed annually (12,458 in 2011) by the estimated
average time to complete and submit each report (7.16 hours).
Recurring Costs
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Annual burden Burden per Burden per
Annual responses hours report cell EEOC Cost
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CURRENT FORM
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913 CELLS
14,060...................................... 73,185 5.2 0.00575 $187,500
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REVISED FORM
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1,245 CELLS
12,458...................................... 89,188 7.16 0.00575 226,549
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* Note: Due to rounding, for this table, figures may not be replicated exactly.
These burden estimates are largely based on an assumption of paper
reporting. However, the EEOC has made electronic filing much easier for
employers required to file the EEO-4 Report. As a result, more
jurisdictions are using this filing method. This development, along
with the greater availability of human resource information software,
is expected to have significantly reduced the actual burden of
reporting. However, empirical data in this area is lacking.
Accordingly, efforts will be undertaken by the Commission to (1)
develop more reliable estimates of reporting burdens given the
significant increase in electronic filing and (2) to implement new
approaches to make such reporting even less burdensome.
The other new burden is the one-time cost of employers changing the
manner in which they collect and store the new race and ethnicity
changes as well as changes to computer programs and systems. There will
be no cost for employers whose current systems are already designed to
handle the full multiple race and ethnicity classifications, and we
estimate that about ten percent of employers currently have this
ability. The chart below shows the cost for employers who will have to
re-survey the workforce to comply with the new race and ethnicity
changes.
[[Page 51157]]
One Time Costs
Modifications to Human Resource Information Systems
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Labor task requirements Hours Hourly rate Cost
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System/Business Analyst......................................... 8 $55 $440
Developer....................................................... 24 65 1,560
Tester.......................................................... 8 50 400
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Total Per Employer.......................................... .............. .............. 2,400
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Jurisdictions Total costs
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Total All Respondents....................................... 9,000 $21,600,000
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Pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter
35, and OMB regulation 5 CFR 1320.8(d)(1), the Commission solicits
public comment to enable it 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. Improve 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
required 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.
Dated: August 21, 2014.
For the Commission
Jacqueline A. Berrien,
Chair.
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[FR Doc. 2014-20444 Filed 8-26-14; 8:45 am]
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