83 FR 25455 - Agency Information Collection Activities: Extension Without Change of an Existing Collection; Submission for OMB Review

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Federal Register Volume 83, Issue 106 (June 1, 2018)

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.

[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25455-25456]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 6570-01-P