[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Notices]
[Pages 14380-14382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06345]
=======================================================================
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Notice of Submission
for OMB Review; Comment Request
AGENCIES: Equal Employment Opportunity Commission.
ACTION: Notice of Information Collection--Uniform Guidelines on
Employee Selection Procedures--Extension Without Change.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Equal Employment Opportunity Commission (EEOC or Commission) gives
notice that it is submitting to the Office of Management and Budget
(OMB) a request for a three-year renewal of the information collection
described below.
DATES: Written comments on this notice must be submitted on or before
April 20, 2015.
ADDRESSES: A copy of this ICR and applicable supporting documentation
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 A. 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
Bernadette Wilson, Acting 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 (202) 663-4070 (voice) or (202) 663-4074
(TTD). (These are not toll free numbers). Instead of sending written
comments to EEOC, you may submit comments 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.
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 5:00 p.m. Eastern Time or can be
[[Page 14381]]
reviewed at http://www.regulations.gov. 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 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: 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). 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:
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 December
17, 2014, allowing for a 60 day comment period. 79 FR 75151 (Dec. 17,
2014). EEOC did not receive any comments in response to its December
17, 2014 notice.
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: 914,843.
Responses \1\: 914,843.
---------------------------------------------------------------------------
\1\ The number of respondents is equal to the number of
responses (i.e. one response per person).
---------------------------------------------------------------------------
Recordkeeping Hours: 6,372,498 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 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 914,843, which combines estimates from private
employment,\2\ the public sector,\3\ colleges and universities,\4\ and
referral unions.\5\
---------------------------------------------------------------------------
\2\ Source: Census Bureau 2011 County Business Patterns: Number
of Firms, Number of Establishments, Employment, and Annual Payroll
by Enterprise Employment Size for the United States and States,
Totals: 2011, Release Date 12.13. (https://www.census.gov/econ/susb/.) Select U.S. & states, Totals. Downloaded on October 2, 2014.
\3\ Source of original data: 2012 Census of Governments:
Employment. Individual Government Data File (http://www.census.gov/govs/apes/), Local Downloadable Data zip file 12ind_all_tabs.xls.
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 2013. 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 2013-1(http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2014066rev).
\5\ EEO-3 Reports filed by referral unions in 2012 with EEOC.
---------------------------------------------------------------------------
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 1,529,399,487, based on a National Organizations Survey \6\
average of approximately 35 applications \7\ for every hire and a
Bureau of Labor Statistics data estimate of 43,414,608 annual hires.\8\
This figure also includes 119,920 applicants for union membership
reported on the EEO-3 form for 2012.
---------------------------------------------------------------------------
\6\ 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).
\7\ The number of applications provided by NOS is 35.225 and
therefore calculations will not result in the same total amount due
to rounding.
\8\ Bureau of Labor Statistics Job Openings and Labor Turnover
Survey, 2013 annual level data (Not seasonally adjusted), (http://www.bls.gov/jlt/data.htm) is the source of the original data. The
BLS figure (50,718,000) has been adjusted to only include hires by
firms with 15 or more employees.
---------------------------------------------------------------------------
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 time cost associated with entering 13 keystrokes.
Assuming that the required recordkeeping takes 30 seconds per
record, and assuming a total of 1,529,399,487 paper and electronic
applications per year (as calculated above), the resulting UGESP burden
hours would be 6,372,498. Based on a wage rate of $15.48 per hour for
the individuals entering the data, the collection and storage of
applicant demographic data would come to approximately $98,646,267 per
year for 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 914,843 employers.
Therefore the cost per covered employer is less than $108 ($98,646,267
divided by 914,843 is equal to $107.87). Additionally UGESP allows for
simplified recordkeeping for employers with more than 15 but less than
100 employees.\9\
---------------------------------------------------------------------------
\9\ 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).
[[Page 14382]]
---------------------------------------------------------------------------
Dated: March 16, 2015.
Jenny R. Yang,
Chair, Equal Employment Opportunity Commission.
[FR Doc. 2015-06345 Filed 3-18-15; 8:45 am]
BILLING CODE 6570-01-P