83 FR 7720 - Agency Information Collection Activities: Notice of Submission for OMB Review; Comment Request
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Federal Register Volume 83, Issue 36 (February 22, 2018)
Federal Register Volume 83, Issue 36 (February 22, 2018)
| Page Range | 7720-7721 | |
| FR Document | 2018-03643 |
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)] [Notices] [Pages 7720-7721] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03643] [[Page 7720]] ======================================================================= ----------------------------------------------------------------------- EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Agency Information Collection Activities: Notice of Submission for OMB Review; Comment Request AGENCY: 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 gives notice of its intent to submit to the Office of Management and Budget (OMB) a request for renewal of the information collection described below. DATES: Written comments on this notice must be submitted on or before April 23, 2018. ADDRESSES: Comments should be sent to Bernadette Wilson, 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. 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, Acting Assistant Legal Counsel, at (202) 663-4681 (voice) or (202) 663-7026 (TDD). SUPPLEMENTARY INFORMATION: Introduction The Equal Employment Opportunity Commission (EEOC or Commission) gives notice of its intent to submit the recordkeeping requirements contained in the Uniform Guidelines on Employee Selection Procedures (UGESP or Uniform Guidelines) \1\ to the Office of Management and Budget (OMB) for a three-year extension without change under the Paperwork Reduction Act of 1995 (PRA). --------------------------------------------------------------------------- \1\ 29 CFR, part 1607, 41 CFR part 60-3, 28 CFR part 50, 5 CFR part 300. --------------------------------------------------------------------------- Request for Comments Pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, and OMB regulation 5 CFR 1320.8(d)(1), the EEOC invites public comments that will enable the agency to: (1) Evaluate whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the 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 through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, to be collected; e.g., permitting electronic submission of responses. Overview of Current Information 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: 961,709. Responses: \2\ 961,709. --------------------------------------------------------------------------- \2\ 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. --------------------------------------------------------------------------- Recordkeeping Hours: 7,825,132 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 purposes of burden calculation, employers with 15 or more employees are counted. The number of such employers is estimated at 961,709 which combines estimates from private employment,\2\ the public sector,\3\ [[Page 7721]] colleges and universities,\4\ and referral unions.\5\ --------------------------------------------------------------------------- \3\ Source of original data: 2012 Census of Governments: Employment. Individual Government Data File (https://www2.census.gov/govs/apes/12ind_all_tabs.xls), Local Downloadable Data zip file 12ind_all_tabs.xls. The 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 2015. 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 2015-1 (http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2016122rev). \5\ EEO-3 Reports filed by referral unions in 2016 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 1,878,031,768, 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 62,719,000 annual hires.\8\ This figure also includes 146,506 applicants for union membership reported on the EEO-3 form for 2016. --------------------------------------------------------------------------- \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, 2016 annual level data (Not seasonally adjusted), (http://www.bls.gov/jlt/data.htm) is the source of the original data. The BLS figure (62,719,000) 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 1,878,031,768 paper and electronic applications per year (as calculated above), the total UGESP burden hours for all employers would be 7,825,132. Based on a wage rate of $15.21 per hour for the individuals entering the data, the collection and storage of applicant demographic data would come to approximately $119,020,258 per year for all 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. However, the average burden per employer is relatively small. As stated above, we estimate that UGESP applies to 961,709 employers. Therefore, the cost per covered employer is less than $124 each ($119,020,258 divided by 961,709 is equal to $123.76). 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). --------------------------------------------------------------------------- For the Commission. Dated: February 15, 2018. Victoria A. Lipnic, Acting Chair. [FR Doc. 2018-03643 Filed 2-21-18; 8:45 am] BILLING CODE 6570-01-P
![Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices 7721
colleges and universities,4 and referral expect that the foregoing assumptions DATES: This action will become effective
unions.5 are over-inclusive, because many on February 22, 2018. The routine uses
This burden assessment is based on employers have electronic job in this action will become effective on
an estimate of the number of job application processes that should be March 26, 2018 unless comments are
applications submitted to all Title VII- able to capture applicant flow data received that require a contrary
covered employers in one year, automatically. determination.
including paper-based and electronic However, the average burden per
ADDRESSES: Send comments to Leslie F.
applications. The total number of job employer is relatively small. As stated
Smith, Privacy Manager, Information
applications submitted every year to above, we estimate that UGESP applies
Technology (IT), Room 1–C216, Federal
covered employers is estimated to be to 961,709 employers. Therefore, the
Communications Commission, 445 12th
1,878,031,768, based on a National cost per covered employer is less than
Street SW, Washington, DC 20554, or to
Organizations Survey 6 average of $124 each ($119,020,258 divided by
Leslie.Smith@fcc.gov.
approximately 35 applications 7 for 961,709 is equal to $123.76).
every hire and a Bureau of Labor Additionally, UGESP allows for FOR FURTHER INFORMATION CONTACT:
Statistics data estimate of 62,719,000 simplified recordkeeping for employers Leslie F. Smith, (202) 418–0217, or
annual hires.8 This figure also includes with more than 15 but less than 100 Leslie.Smith@fcc.gov (and to obtain a
146,506 applicants for union employees.9 copy of the Narrative Statement and the
membership reported on the EEO–3 Supplementary Document, which
For the Commission. includes details of the proposed
form for 2016. Dated: February 15, 2018.
The employer burden associated with alterations to this system of records).
Victoria A. Lipnic, SUPPLEMENTARY INFORMATION: This
collecting and storing applicant
demographic data is based on the Acting Chair. notice serves to update and amend FCC/
following assumptions: Applicants [FR Doc. 2018–03643 Filed 2–21–18; 8:45 am] OGC–3, Adjudication of Internal
would need to be asked to provide three BILLING CODE 6570–01–P Complaints against Employees, as a
pieces of information—sex, race/ result of an increased use of electronic
ethnicity, and an identification number information technology. The substantive
(a total of approximately 13 keystrokes); FEDERAL COMMUNICATIONS changes and modifications to the
the employer would need to transfer COMMISSION previously published version of the
information received to a database FCC/OGC–3 system of records include:
either manually or electronically; and Privacy Act of 1974; System of 1. Updating the language in the
the employer would need to store the 13 Records. Security Classification to follow with
characters of information for each AGENCY: Federal Communications OMB guidance.
applicant. Recordkeeping costs and Commission. 2. Minor changes to the Purposes,
burden are assumed to be the time cost Categories of Individuals, and
ACTION: Notice of a modified system of
associated with entering 13 keystrokes. Categories of Records to be consistent
records.
Assuming that the required the language and phrasing now used in
recordkeeping takes 30 seconds per SUMMARY: The Federal Communications the FCC’s SORNs.
record, and assuming a total of Commission (FCC or Commission or 3. Deletion of two routine uses: (2)
1,878,031,768 paper and electronic Agency) has modified an existing Public Access since releases under the
applications per year (as calculated system of records, FCC/OGC–3, FOIA are covered by 5 U.S.C. 552a(b)(2),
above), the total UGESP burden hours Adjudication of Internal Complaints so a separate routine use for them is not
for all employers would be 7,825,132. against Employees, subject to the needed; and (6) Employment,
Based on a wage rate of $15.21 per hour Privacy Act of 1974, as amended. This Clearances, Licensing, Contract, Grant,
for the individuals entering the data, the action is necessary to meet the or other Benefits Decisions by other
collection and storage of applicant requirements of the Privacy Act to than the agency, and its replacement
demographic data would come to publish in the Federal Register notice of with a new routine use: (5) For Certain
approximately $119,020,258 per year for the existence and character of records Disclosures to Other Agencies to make
all Title VII-covered employers. We maintained by the Agency. The Office of information available to another Federal
the General Counsel (OGC) uses the agency.
4 Source: U.S. Department of Education, National personally identifiable information (PII) 4. Updating language and/or
Center for Education Statistics, IPEDS, Fall 2015. in this system for purposes that include, renumbering seven routine uses: (1)
Number and percentage distribution of Title IV Adjudication and Litigation; (2) Law
institutions, by control of institution, level of
but are not limited to settlement
institution, and region: United States and other U.S. negotiations with opposing parties and Enforcement and Investigation; (3)
jurisdictions, academic year 2015–1 (http:// to prepare for litigation before an Congressional Inquiries; (4)
nces.ed.gov/pubsearch/pubsinfo.asp? administrative body or a court of Government-wide Program Management
pubid=2016122rev). and Oversight; (6) Employment,
5 EEO–3 Reports filed by referral unions in 2016
appropriate jurisdiction.
with EEOC.
Clearances, Licensing, Contract, Grant,
6 The National Organizations Survey is a survey
9 See 29 CFR 1607.15A(1): Simplified or other Benefits Decisions by the FCC;
of business organizations across the United States recordkeeping for users with less than 100 and (7) Labor Relations.
employees. In order to minimize recordkeeping
in which the unit of analysis is the actual
burdens on employers who employ one hundred
5. Adding three other new routine
workplace (http://www.icpsr.umich.edu/icpsrweb/ uses: (8) Breach Notification to address
(100) or fewer employees, and other users not
ICPSR/studies/04074).
required to file EEO–1, et seq., reports, such users the Commission’s real or suspected data
daltland on DSKBBV9HB2PROD with NOTICES
7 The number of applications provided by NOS is
may satisfy the requirements of this section 15 if breach situations; (9) Assistance to
35.225 and therefore calculations will not result in they maintain and have available records showing,
the same total amount due to rounding. for each year: (a) The number of persons hired, Federal Agencies and Entities for
8 Bureau of Labor Statistics Job Openings and
promoted, and terminated for each job, by sex, and assistance with other Federal agencies’
Labor Turnover Survey, 2016 annual level data (Not where appropriate by race and national origin; (b) data breach situations; and (10) For
seasonally adjusted), (http://www.bls.gov/jlt/ the number of applicants for hire and promotion by
data.htm) is the source of the original data. The BLS sex and where appropriate by race and national
Non-Federal Personnel to allow
figure (62,719,000) has been adjusted to only origin; and (c) the selection procedures utilized contractors performing or working on a
include hires by firms with 15 or more employees. (either standardized or not standardized). contract for the Federal Government
VerDate Sep<11>2014 20:10 Feb 21, 2018 Jkt 244001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\22FEN1.SGM 22FEN1](https://thefederalregister.org/doc/83_FR_7756/page/2.svg)
Document Created: 2018-02-22 02:51:04
Document Modified: 2018-02-22 02:51:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of information collection--Uniform Guidelines on Employee Selection Procedures--Extension Without Change. | |
| Dates | Written comments on this notice must be submitted on or before April 23, 2018. | |
| Contact | Kathleen Oram, Acting Assistant Legal Counsel, at (202) 663-4681 (voice) or (202) 663-7026 (TDD). | |
| FR Citation | 83 FR 7720 |
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