Agency Information Collection Activities; Comment Request, 26687-26689 [2020-09603]

Agencies

• Equal Employment Opportunity Commission

[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26687-26689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09603]


=======================================================================
-----------------------------------------------------------------------

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Agency Information Collection Activities; Comment Request

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), 
the Equal Employment Opportunity Commission (EEOC or Commission) 
announces that it intends to submit to the Office of Management and 
Budget (OMB) a request for reinstatement without change of the 
information collection described below. The Commission is seeking 
public comments on the proposed reinstatement.

DATES: Written comments on this notice must be submitted on or before 
July 6, 2020.

ADDRESSES: You may submit comments using any of the following methods--
please use only one method:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions on the website for submitting comments.
    Mail: Comments may be submitted by mail to Bernadette B. Wilson, 
Executive Officer, Executive Secretariat, Equal Employment Opportunity 
Commission, 131 M Street NE, Washington, DC 20507.
    Fax: Comments totaling six or fewer pages can be sent by facsimile 
(``fax'') machine to (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 (800) 669-6820 (TTY). 
(These are not toll-free telephone numbers.)
    Instructions: All comments received must include the agency name 
and docket number. All comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided. However, the EEOC reserves the right to refrain from posting 
libelous or otherwise inappropriate 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.
    Although copies of comments received are usually also available for 
review at the Commission's library, given the EEOC's current 100% 
telework status due to the covid-19 pandemic, the Commission's library 
is closed until further notice. Once the Commission's library is re-
opened, copies of comments received in response to the proposed rule 
will be made available for viewing by appointment only at 131 M Street 
NE, Suite 4NW08R, Washington, DC 20507, between the hours of 9:30 a.m. 
and 5:00 p.m.

FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal 
Counsel, (202) 663-4668, or Savannah Marion Felton, Senior Attorney, 
(202) 663-4909, 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 1-800-
669-4000 (voice), 1-800-669-6820 (TTY), or 1-800-234-5122 (ASL Video 
Phone).

SUPPLEMENTARY INFORMATION: The Age Discrimination in Employment Act 
(ADEA) allows for individuals to waive rights and claims protected 
under the Act, provided certain circumstances are met; particularly 
that the waiver is knowing and voluntary. In order for an individual's 
waiver in connection with a program to be considered knowing and 
voluntary, the employer must inform the individual in writing in a 
manner calculated to be understood by the average individual eligible 
to participate, as to (i) any class, unit, or group of individuals 
covered by such program, any eligibility factors for such program, and 
any time limits applicable to such program; and (ii) the job titles and 
ages of all individuals eligible or selected for the program, and the 
ages of all individuals in the same job classification or 
organizational unit who are not eligible or selected for the program. 
The EEOC's regulations clarify that the relevant section of the ADEA 
addresses two principal issues: To whom information must be provided, 
and what information must be disclosed to such individuals. The purpose 
of the informational requirements is to provide an employee with enough 
information regarding the program to allow an employee to make an 
informed choice whether or not to sign a waiver agreement. The employer 
does not provide this information to the EEOC; the ADEA and the EEOC's 
regulation solely require that the employer provide this information to 
any employee it would apply to, and not to the Federal government.
    The EEOC, in accordance with the PRA and OMB regulation 5 CFR 
1320.8(d)(1), provides the general public and Federal agencies with an 
opportunity to comment on proposed, revised, and continuing collections 
of information. This helps the EEOC to assess the impact of its 
information collection requirements and minimize the public's reporting 
burden. It also helps the public to understand the EEOC's information 
collection requirements and provide the requested data in the desired 
format. The EEOC is soliciting comments on the information collection 
that is described below. The EEOC is especially interested in public 
comment that will assist the EEOC in the following: (1) Evaluating 
whether the collection of information is necessary for the proper 
performance of the Commission's functions, including whether the 
collection has practical utility; (2) Evaluating the accuracy of the 
Commission's estimate of the burden of the collection of information, 
including the validity of the methodology and assumptions used; (3) 
Enhancing the quality, utility, and clarity of the information to be 
collected; and (4) Minimizing 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. Please note that written 
comments received in response to this notice will be considered public 
records.

Overview of This Information Collection

    Collection Title: Waivers of Rights and Claims Under the ADEA; 
Informational Requirements.
    OMB Number: 3046-0042.
    Type of Respondent: Business, state or local governments, not for 
profit institutions.
    Description of Affected Public: Any employer with 20 or more 
employees that seeks waiver agreements in connection with an exit 
incentive or other employment termination program.
    Number of Respondents: 2,425.

[[Page 26688]]

    Burden Hours per Respondent: 16.19 hours.
    Total Annual Burden Hours: 39,260.75.
    Number of Forms: None.
    Abstract: The EEOC enforces the Age Discrimination in Employment 
Act (ADEA) which prohibits discrimination against employees and 
applicants for employment who are age 40 or older. The Older Workers 
Benefit Protection Act (OWBPA), enacted in 1990, amended the ADEA to 
require employers to disclose certain information to employees (but not 
to the EEOC) in writing when they ask employees to waive their rights 
under the ADEA in connection with an exit incentive program or other 
employment termination program. The regulation at 29 CFR 1625.22 
reiterates those disclosure requirements.
    Burden Statement: In 2016, the EEOC conducted a limited survey as 
the foundation for estimating the burden hours per Respondent. The goal 
of the survey was to more accurately capture the actual costs of 
creating and distributing ADEA waivers and to better understand what 
type of employees were involved in this process.
    For the current 2020 submission, the EEOC will rely again on this 
2016 estimate of burden hours per respondent. Due to concerns about 
data quality given the current COVID-19 pandemic, and in accordance 
with OMB guidance memo M-20-16, the EEOC does not intend to conduct a 
new limited survey to re-estimate burden hours per respondent at this 
time.
    Based on data collected from employers participating in the 2016 
limited survey, EEOC learned that the senior human resource managers 
and legal counsel bear the most significant brunt of the paperwork and 
human capital burden in drafting and distributing the waivers to 
employees. The burden hours for the creation of the ADEA waiver are 
estimated to be 8.25 per employer. Burden hours for the distribution of 
the ADEA waiver are estimated to be 7.94 per employer, for a total of 
16.19 hours per employer.
    The total annual burden hours is calculated by multiplying the 
number of Respondents by the burden hours per Respondent [2,425 x 16.19 
= 39,260.75].

              Table 1--Computations Related to Preparing and Drafting ADEA Waiver Burden Estimate *
----------------------------------------------------------------------------------------------------------------
                                                                     Projected
                                                     Wage rate       hours per     Cost per firm    Total cost
                                                     (hour)\1\       employer
----------------------------------------------------------------------------------------------------------------
                                          Number of Respondents: 2,425
----------------------------------------------------------------------------------------------------------------
CLERICAL STAFF..................................          $18.69            0.11           $2.06       $4,985.56
SENIOR HUMAN RESOURCE MANAGERS..................           54.47            0.26           14.16       34,343.34
INTERNALCORPORATE LEGAL COUNSEL.................           58.13            2.23          129.63      314,352.51
EXTERNAL CORPORATE LEGAL COUNSEL................           58.13            2.00          116.26      281,930.50
CHIEF EXECUTIVE OFFICERS........................           50.47            0.12            6.06       14,686.77
COMPUTER SPECIALIST (IT PROFESSIONAL)...........           25.70            0.42           10.79       26,175.45
HUMAN RESOURCE SPECIALIST.......................           29.27            1.61           47.12      114,277.40
PARALEGAL.......................................           24.49            1.50           36.74       89,082.38
                                                 ---------------------------------------------------------------
    SUB TOTAL...................................          319.35            8.25          362.82      879,833.89
----------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.
\1\ Wage hour rates listed in first column are based on 2018 Median Pay for the occupation indicated and were
  obtained online from the U.S. Dept. of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, https://www.bls.gov/ooh/. Accessed April 8, 2020.


                  Table 2--Computations Related to Distributing ADEA Waiver Burden Estimate **
----------------------------------------------------------------------------------------------------------------
                                                                     Projected
                                                     Wage rate       hours per     Cost per firm    Total cost
                                                    (hour) \1\       employer
----------------------------------------------------------------------------------------------------------------
                                          Number of Respondents: 2,425
----------------------------------------------------------------------------------------------------------------
HUMAN RESOURCE SPECIALIST.......................          $29.27            0.27           $7.90      $19,164.53
CLERICAL STAFF..................................           18.69             0.5            9.35       22,661.63
SENIOR HUMAN RESOURCE MANAGERS..................           54.47            0.85           46.30      112,276.29
INTERNAL CORPORATE LEGAL COUNSEL................           58.13            2.08          120.91      293,207.72
EXT CORPORATE LEGAL COUNSEL.....................           58.13               2          116.26      281,930.50
PARALEGAL.......................................           24.49             1.5           36.74       89,082.38
PAYROLL SPECIALIST..............................           19.02             0.2            3.80        9,224.70
ADMINISTRATIVE SERVICES MANAGER.................           46.24            0.27           12.48       30,275.64
DEPARTMENT EXECUTIVE............................           50.47            0.27           13.63       33,045.23
                                                 ---------------------------------------------------------------
    SUB TOTAL...................................          358.91            7.94          367.37      890,868.61
----------------------------------------------------------------------------------------------------------------
** Totals may not sum due to rounding.
\2\ Ibid.

    Per Table 1 and 2 above, EEOC found that the approximate cost of 
preparing the ADEA waiver notice is $362.82 per employer and the 
approximate cost of distributing the ADEA waiver notice is $367.37 per 
employer. The total per employer cost is therefore $730.19. For all 
2,425 employers who are projected to have reductions in force and 
request waiver notices, the total preparation cost is $879,833.89, and 
$890,868.61 for distribution. The total cost for all 2,425 employers is 
$1,770,702.50. Table 1 reflects the calculation of the costs of 
creating the ADEA waiver and Table 2 reflects the calculation of the 
costs of distribution of the ADEA waiver.


[[Page 26689]]


    For the Commission.
Janet L. Dhillon,
Chair.
[FR Doc. 2020-09603 Filed 5-4-20; 8:45 am]
 BILLING CODE 6570-01-P