View Information Collection Request (ICR) Package
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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3046-0007
ICR Reference No:
201610-3046-001
Status:
Historical Active
Previous ICR Reference No:
201607-3046-001
Agency/Subagency:
EEOC
Agency Tracking No:
Title:
Employer Information Report (EEO-1)
Type of Information Collection:
No material or nonsubstantive change to a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
10/18/2016
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/17/2016
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2019
09/30/2019
09/30/2019
Responses
67,146
0
67,146
Time Burden (Hours)
1,952,146
0
1,952,146
Cost Burden (Dollars)
0
0
0
Abstract:
EEOC and OFCCP regulations require private employers with 100 or more employees and certain federal contractors with 50 or more employees to submit an EEO-1 report; to comply with this requirement, employers must collect and retain in their records data about employees’ ethnicity, race, and sex by job category (demographic data), and report this information to EEOC annually. EEO-1 data is collected on behalf of both agencies pursuant to the EEOC’s authority under Title VII and OFCCP’s authority under Executive Order 11246. The EEOC and OFCCP use this information to enforce civil rights laws. The data is shared with state and local Fair Employment Practices Agencies under the authority of section 709(d) of Title VII, and with the Department of Justice (DOJ), the Federal Deposit Insurance Corporation (FDIC), and the National Credit Union Administration (NCUA), subject to their agreement to comply with the confidentiality provisions of 42 U.S.C. 2000e–8(e). The EEOC and OFCCP propose to revise the EEO-1 report to collect W-2 (Box 1) and hours-worked data, as well as the demographic data collected on the currently-approved EEO-1. The pay data will be used to assess pay disparities based on job category, pay bands, and gender, ethnicity, or race. This proposed change will take effect beginning with the 2017 reporting cycle.
Authorizing Statute(s):
US Code:
42 USC 2000e-8(c)
Name of Law: Civil Rights Act of 1964
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
81 FR 5113
02/01/2016
30-day Notice:
Federal Register Citation:
Citation Date:
81 FR 45479
07/14/2016
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Employer Information Report (EEO-1) Component 1 Only
SF 100
EEO-1 Component 1
Employer Information Report (EEO-1) Components 1 & 2
SF 100
EEO-1 Components 1 & 2
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
67,146
67,146
0
0
0
0
Annual Time Burden (Hours)
1,952,146
1,952,146
0
0
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The increase in burden is due to two factors: a change in burden calculation methodology and a revision to the EEO-1 report that increases the amount of data filers must submit. (1) First, the EEOC has revised its method of calculating burden, in part based upon increased use of technology in the EEO-1 reporting process, and in part due to public comment received during the 60-day period. Rather than estimating burden based on the number of cells in an EEO-1 report and the time needed to fill in each cell, the EEOC is now focusing on the tasks a filer must perform to complete an EEO-1 report, and estimating the time spent on these tasks. While many of these tasks will be performed at the headquarters level, the revised burden estimates also account for the need to perform certain tasks at the establishment level on a per-report basis. This new methodology resulted in an increased burden relative to previous estimates. (2) Second, the addition of pay data to the EEO-1 will result in an increase in time needed to complete the report. Based upon comments received from the public, we estimate that the addition of pay data will increase filers' time spent on the report by a factor of 1.9. Therefore, the total burden has increased due to a change in methodology used to estimate burden and due to the addition of pay data to the EEO-1 report and associated increase in time needed to prepare the report.
Annual Cost to Federal Government:
$1,621,300
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Ronald Edwards 2026634949
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
10/17/2016
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