Agency Information Collection Activities: Proposed Collection; Submission for OMB Review, 19316-19317 [2015-08278]

Agencies

• Equal Employment Opportunity Commission

[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Notices]
[Pages 19316-19317]
From the Federal Register Online via the Government Printing 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 OIRA_submission@omb.eop.gov. 
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 
https://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 https://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]
 BILLING CODE 6570-01-P