[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25455-25456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11798]
[[Page 25455]]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Extension Without
Change of an Existing Collection; Submission for OMB Review
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice.
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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 its regulations.
DATES: Written comments on this notice must be submitted on or before
July 2, 2018.
ADDRESSES: Comments on this notice must be submitted to Joseph B. Nye,
Policy Analyst, Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street NW, Washington, DC 20503, email
[email protected]. Commenters are also encouraged to send
comments to the EEOC online at http://www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the instructions on the website for
submitting comments. In addition, the EEOC's Executive Secretariat will
accept comments in hard copy. Hard copy comments should be sent to
Bernadette Wilson, Executive Officer, EEOC, 131 M Street NE,
Washington, DC 20507. Finally, the Executive Secretariat will accept
comments totaling six or fewer pages by facsimile (``fax'') machine
before the same deadline at (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 telephone numbers.) The EEOC will post
online at http://www.regulations.gov all comments submitted via this
website, in hard copy, or by fax to the Executive Secretariat. These
comments will be posted without change, including any personal
information you provide. However, the EEOC reserves the right to
refrain from posting 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, age, religion, disability, or genetic information; or
that promote or endorse services or products. All comments received,
including any personal information provided, also will be available for
public inspection during normal business hours by appointment only at
the EEOC Headquarters Library, 131 M Street NE, Washington, DC 20507.
Upon request, individuals who require assistance viewing comments will
be provided appropriate aids such as readers or print magnifiers. To
schedule an appointment, contact EEOC Library staff at (202) 663-4630
(voice) or (202) 663-4641 (TTY). (These are not toll-free numbers.)
FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal
Counsel, Office of Legal Counsel, Equal Employment Opportunity
Commission, 131 M Street NE, Washington, DC 20507, (202) 663-4681
(voice) or (202) 663-4494 (TTY), or Erin Norris, Senior Attorney,
Office of Legal Counsel, Equal Employment Opportunity Commission, 129 W
Trade Street, Charlotte, NC 28202, (704) 954-6491 (voice). 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 Equal Employment Opportunity Commission
(EEOC) enforces Title VII of the Civil Rights Act of 1964 (Title VII),
Title I of the Americans with Disabilities Act (ADA), and Title II of
the Genetic Information Nondiscrimination Act of 2008 (GINA), which
collectively prohibit discrimination on the basis of race, color,
religion, sex, national origin, disability, or genetic information.
Section 709(c) of Title VII, section 107(a) of the ADA, and section
207(a) of GINA authorize the EEOC to issue recordkeeping and reporting
regulations that are deemed reasonable, necessary or appropriate. EEOC
has promulgated recordkeeping regulations under those authorities that
are contained in 29 CFR part 1602 et seq. Those regulations do not
require the creation of any particular records but generally require
employers to preserve any personnel and employment records they make or
keep for a period of one year. The EEOC seeks extension of the
recordkeeping requirement in these regulations without change.
A notice that EEOC would be submitting this request was published
in the Federal Register on February 20, 2018, allowing for a 60-day
public comment period. Three comments were received from the public;
however, none of these comments addressed the EEOC's recordkeeping
requirements. Accordingly, no changes have been made to the
requirements based upon the unresponsive comments.
Overview of Current Information Collection
Collection Title: Recordkeeping under Title VII, the ADA, and GINA.
OMB Number: 3046-0040.
Description of Affected Public: Employers with 15 or more employees
are subject to Title VII, the ADA, and GINA.
Number of Respondents: 961,709.
Number of Reports Submitted: 0.
Estimated Burden Hours: 37,264 hours.
Cost to Respondents: $0.
Federal Cost: None.
Number of Forms: None.
Abstract: Section 709(c) of Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. 2000e-8(c), section 1007(a) of the ADA, 42
U.S.C. 12117(a), and section 207(a) of GINA, 42 U.S.C. 2000ff-6(a),
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(a).
Burden Statement: The estimated number of respondents subject to
this recordkeeping requirement is 961,709 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
of discrimination 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 and retention systems to
ensure compliance with EEOC's recordkeeping requirements. We assume
some effort and time must be
[[Page 25456]]
expended by employers to familiarize themselves with the Title VII,
ADA, and GINA recordkeeping requirements and explain those requirements
to the appropriate staff. We estimate that 30 minutes would be needed
for this one-time familiarization process. Using 2015 data from the
Small Business Administration, we estimate that there are 74,528 firms
that would incur this start-up burden.\1\ Assuming a 30-minute burden
per firm, the total annual hour burden is 37,264 hours (.5 hour x
74,528 = 37,264).
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\1\ Source: U.S. Small Business Administration: Statistics of
U.S. Business, Release Date 1/2017. (https://www.sba.gov/advocacy/firm-size-data). Select U.S. Static Data, U.S. Data and combines
estimates from private employment, public sector, colleges and
universities, and referral unions.
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For the Commission.
Dated: May 25, 2018.
Victoria A. Lipnic,
Acting Chair.
[FR Doc. 2018-11798 Filed 5-31-18; 8:45 am]
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