[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Notices]
[Pages 19316-19317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08278]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Proposed Collection;
Submission for OMB Review
AGENCY: Equal Employment Opportunity Commission.
ACTION: Final notice of submission for OMB review.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Commission announces that it is submitting to the Office of Management
and Budget (OMB) a request for a three-year extension without change of
the existing recordkeeping requirements under 29 CFR part 1602 et seq.,
Recordkeeping and Reporting Requirements under Title VII, the ADA, and
GINA.
DATES: Written comments must be received on or before May 11, 2015.
ADDRESSES: A copy of this ICR and applicable supporting documentation
submitted to OMB for review may be obtained from: Erin N. Norris,
Senior Attorney, (202) 663-4876, Office of Legal Counsel, 131 M Street
NE., Washington, DC 20507. Comments on this 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 Mr. Lallemand's attention at [email protected].
Copies of comments should also 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 (TTY).
(These are not toll-free 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. 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. 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: Thomas J. Schlageter, Assistant Legal
Counsel, (202) 663-4668, or Erin N. Norris, Senior Attorney, (202) 663-
4876, Office of Legal Counsel, 131 M Street NE., Washington, DC 20507.
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). (These are not toll-free numbers.)
SUPPLEMENTARY INFORMATION: A notice that EEOC would be submitting this
request was published in the Federal Register on January 29, 2015 (80
FR 4917), allowing for a 60-day public
[[Page 19317]]
comment period. One comment was received; however, it did not address
recordkeeping or the specific requirements in 29 CFR part 1602, but
rather appeared to concern a federal EEO complaint filed by the
commenter. As such, the comment was deemed non-responsive, and its
contents were not considered in regards to this information collection.
To protect the personal privacy of the commenter, EEOC is electing not
to post the non-responsive comment on regulations.gov.
Overview of This Information Collection
Collection title: Recordkeeping under Title VII, the ADA, and GINA.
OMB Control number: 3046-0040.
Description of affected public: Employers with 15 or more employees
are subject to Title VII, the ADA, and GINA.
Number of responses: 914,843.
Reporting hours: Not applicable.
Number of forms: None.
Federal cost: None.
Abstract: Section 709(c) of Title VII, 42 U.S.C. 2000e-8(c),
section 107(a) of the ADA, 42 U.S.C. 12117(a), and section 207 of GINA,
42 U.S.C. 2000ff-6 require the Commission to establish regulations
pursuant to which employers subject to those Acts shall make and
preserve certain records to assist the EEOC in assuring compliance with
the Acts' nondiscrimination in employment requirements. This is a
recordkeeping requirement. Any of the records maintained which are
subsequently disclosed to the EEOC during an investigation are
protected from public disclosure by the confidentiality provisions of
section 706(b) and 709(e) of Title VII which are also incorporated by
reference into the ADA at section 107(a) and GINA at section 207.
Burden statement: The estimated number of respondents is 914,843
employers. An employer subject to the recordkeeping requirement in 29
CFR part 1602 must retain all personnel or employment records made or
kept by that employer for one year, and must retain any records
relevant to charges filed under Title VII, the ADA, or GINA until final
disposition of those matters, which may be longer than one year. This
recordkeeping requirement does not require reports or the creation of
new documents, but merely requires retention of documents that an
employer has already made or kept in the normal course of its business
operations. Thus, existing employers bear no burden under this
analysis, because their systems for retaining personnel and employment
records are already in place. Newly formed firms may incur a small
burden when setting up their data collection systems to ensure
compliance with EEOC's recordkeeping requirements. We assume some
effort and time must be expended by employers to familiarize themselves
with the Title VII, ADA, and GINA recordkeeping requirements and inform
staff about those requirements. We estimate that 30 minutes would be
needed for this one-time familiarization process. Using 2011 data from
the Small Business Administration, we estimate that there are 82,516
firms that would incur this start-up burden. Assuming a 30 minute
burden per firm, the total annual hour burden is 41,258 hours.
OMB is particularly interested in comments which:
(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) Evaluate 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
who are 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.
For the Commission.
Dated: April 6, 2015.
Jenny R. Yang,
Chair.
[FR Doc. 2015-08278 Filed 4-9-15; 8:45 am]
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