Agency Information Collection Activities: Existing Collection, 27504-27509 [2023-09216]
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Æ Which actions are most important
to address environmental justice and
climate change?
Æ What are the key steps and
milestones necessary to successfully
implement the actions in the draft
strategy?
• What are the most important roles
and/or actions for federal agencies to
lead?
• Is your organization willing to lead
an action or collaborate with others to
implement actions?
Æ What factors would your
organization consider when determining
whether to lead an action?
• What are potential unintended
consequences of the proposed actions
that could impact communities
considered overburdened or vulnerable,
such as shifts in production or
management methods?
• What are the key metrics and
indicators that EPA should use to
measure progress in reducing plastic
and other waste in waterways and
oceans?
• What criteria should processes
other than mechanical recycling meet to
be considered ‘‘recycling activities’’
(e.g., ‘‘plastics-to-plastics outputs are
‘recycling’ if the output is a product that
could again be recycled into another
product or to extent that it can achieve
viable feedstock for new plastic
materials’’)? How should health and
environmental impacts be considered in
these criteria?
• Are there other actions that should
be included in this strategy?
Æ Should EPA expand the scope of
the strategy to include sea-based
sources?
Æ Should specific types of plastic
products be targeted for reduction or
reuse in this strategy?
• Do you have any additional
information or recommendations for
EPA regarding these or other proposed
actions in this draft strategy?
IV. Disclaimer and Important Note
This request for public comment is
issued solely for information, research
and planning purposes and does not
constitute a Request for Proposals (RFP)
or a Request for Applications (RFA).
Responding to this notice will not give
any advantage to or preclude any
organization or individual in any
subsequently issued solicitation, RFP, or
RFA. Any future development activities
related to this activity will be
announced separately. This notice does
not represent any award commitment on
the part of the U.S. Government, nor
does it obligate the Government to pay
for costs incurred in the preparation and
submission of any responses.
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Dated: April 24, 2023.
Carolyn Hoskinson,
Director, Office of Resource Conservation and
Recovery.
[FR Doc. 2023–08970 Filed 5–1–23; 8:45 am]
BILLING CODE 6560–50–P
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Agency Information Collection
Activities: Existing Collection
Equal Employment
Opportunity Commission.
ACTION: Notice of information
collection—proposed revision of the
Employer Information Report (EEO–1)
Component 1.
AGENCY:
In accordance with the
Paperwork Reduction Act (PRA), the
Equal Employment Opportunity
Commission (EEOC or Commission)
announces that it has submitted to the
Office of Management and Budget
(OMB) a request for a three-year PRA
approval of revisions to Component 1 of
the Employer Information Report (EEO–
1). This PRA submission for the EEO–
1 Component 1 does not change the
types of demographic workforce data
historically collected by the EEO–1 (i.e.,
employee data by job category and sex
and race or ethnicity). Rather, as part of
this routine three-year clearance for
Component 1 under the PRA, the EEOC
seeks OMB approval of measures that
streamline and modernize how the
current EEO–1 Component 1 workforce
demographic data are collected from
employers.
SUMMARY:
Written comments on this notice
must be submitted on or before June 1,
2023.
ADDRESSES: Written comments should
be sent within 30 days of publication of
this final notice to www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under Review—
Open for Public Comments’’ or by using
the search function.
FOR FURTHER INFORMATION CONTACT: Paul
Guerino, Director, Data Development
and Information Products Division,
Office of Enterprise Data and Analytics
(OEDA), Equal Employment
Opportunity Commission, 131 M Street
NE, Washington, DC 20507; (202) 921–
2928 (voice), (800) 669–6820 (TTY) or
email at OEDA@eeoc.gov. Requests for
this notice in an alternative format
should be made to the EEOC’s Office of
Communications and Legislative Affairs
(OCLA) at (202) 921–3191 (voice), (800)
DATES:
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669–6820 (TTY), or (844) 234–5122
(ASL Video Phone).
SUPPLEMENTARY INFORMATION: A notice
that the EEOC would be submitting this
request was published in the Federal
Register on November 10, 2022,
allowing for a 60-day public comment
period which ended on January 9,
2023.1 Two comments were received
from the public.
I. Background
A. The EEO–1 Component 1 Report 2
Since 1966, the EEOC has required
eligible employers to submit workforce
demographic data (EEO–1 Component
1) on an annual basis. All private
employers that are covered by Title VII
of the Civil Rights Act of 1964, as
amended (Title VII),3 and that have 100
or more employees are required to file
the workforce demographic data. In
addition, Office of Federal Contract
Compliance Programs (OFCCP)
regulations require certain federal
contractors to file the EEO–1
Component 1 if they have 50 or more
employees and are not exempt as
provided for by 41 CFR 60–1.5.
B. The 60-Day Notice: Request for
Three-Year PRA Approval of Revisions
to the EEO–1 Component 1
Pursuant to the PRA and OMB
regulations found at 5 CFR 1320.8(d)(1),
the Commission published a Notice in
the Federal Register on November 10,
2022 soliciting public comments during
a 60-day period (‘‘60-day Notice’’) on its
intention to seek three-year OMB
approval of revisions to the currently
approved EEO–1 Component 1. In its
60-day Notice, the EEOC sought to: (1)
Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
1 See Notice of Information Collection 87 FR
67907 (Nov. 10, 2022) at https://
www.federalregister.gov/documents/2022/11/10/
2022-24518/agency-information-collectionactivities-existing-collection.
2 Component 1 of the EEO–1 refers to the
demographic data the EEOC has collected since
1966. The EEOC called its historic, first-time
collection of pay data from certain private
employers and federal contractors Component 2 of
the EEO–1. The Component 2 collection was
completed in February 2020. On July 28, 2022, the
National Academies of Sciences, Engineering, and
Medicine (NASEM) issued a Consensus Study
Report evaluating the Component 2 pay data
collection and providing recommendations for
future data collections. The EEOC is carefully
evaluating NASEM’s recommendations as they
relate to the EEO–1 Component 1 data collection
and may request modification of the EEO–1
Component 1 collection in the future. The
Consensus Report is available at https://
nap.nationalacademies.org/catalog/26581/
evaluation-of-compensation-data-collectedthrough-the-eeo-1-form.
3 42 U.S.C. 2000e, et seq.
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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). The
60-day Notice comment period ended
on January 9, 2023.
As discussed in the 2019 and 2020
Federal Register Notices associated
with the agency’s previous request for
clearance of Component 1,4 the EEOC
created the Office of Enterprise Data and
Analytics (OEDA) in May 2018 with the
goal of creating a 21st century data and
analytics organization at the agency.
Since its creation, OEDA, which
administers the agency’s EEO data
collections, including the EEO–1
Component 1, has undertaken several
efforts to modernize the collections and
improve the quality of data collected.
OEDA has also streamlined functions,
such as providing additional self-service
options, resource materials, and an
online support message center. As part
of these ongoing modernization efforts,
OEDA identified additional burdenreducing measures to streamline how
the current EEO–1 Component 1
workforce demographic data are
collected from employers. This request
for clearance under the PRA includes
changes that make the EEO–1
Component 1 filing process more userfriendly and less burdensome.
Beginning with the 2022 EEO–1
Component 1 data collection, multiestablishment employers will no longer
be required to file a separate ‘‘type’’ of
establishment report based on the size
of an individual non-headquarters
establishment (i.e., establishments with
50 or more employees or establishments
with fewer than 50 employees). Rather,
in place of the former ‘‘Type 4’’ and
‘‘Type 8’’ establishment reports and the
former ‘‘Type 6’’ establishment list
report, there will be a newly named
4 See Notice of Information Collection 84 FR
48138, 48139 (Sept. 12, 2019) at https://
www.govinfo.gov/content/pkg/FR-2019-09-12/pdf/
2019-19767.pdf and Notice of Information
Collection 85 FR 16348, 16341 (Mar. 23, 2020) at
https://www.govinfo.gov/content/pkg/FR-2020-0323/pdf/2020-06008.pdf.
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‘‘Establishment-Level Report.’’ 5 All
multi-establishment employers will use
the ‘‘Establishment-Level Report’’ to
submit establishment-level employee
demographic data for each of their nonheadquarters establishment(s) regardless
of size. With this change, a multiestablishment employer will no longer
have to take the additional step of
counting employees in each
establishment to determine whether to
file a ‘‘Type 4’’ or ‘‘Type 8’’
establishment report. Multiestablishment employers will still be
required to submit a ‘‘Headquarters
Report’’ (formerly referred to as a ‘‘Type
3’’ report) and a ‘‘Consolidated Report’’
(formerly referred to as a ‘‘Type 2’’
report). However, each ‘‘Consolidated
Report’’ for every multi-establishment
employer will be auto-populated and
auto-generated with data from their
‘‘Headquarters Report’’ and
‘‘Establishment-Level Report(s)’’ within
the EEOC’s electronic, web-based EEO–
1 Component 1 Online Filing System
(OFS).6 A single-establishment
employer is still required to submit only
one report, a ‘‘Single-Establishment
Employer Report’’ 7 (formerly referred to
as a ‘‘Type 1’’ single establishment
report).
II. The Public Comments on the 60-day
Notice
The 60-day Notice was published in
the Federal Register on November 10,
2022.8 The EEOC received two
comments during the public comment
period, both of which were published
5 The ‘‘Type 4’’ report contained establishmentlevel employee demographic data at a nonheadquarters establishment with 50 or more
employees. The ‘‘Type 8’’ report contained
establishment-level employee demographic data at
a non-headquarters establishment with fewer than
50 employees. The ‘‘Type 6’’ establishment list
report contained the name and address of each nonheadquarters establishment with fewer than 50
employees, as well as the total number of
employees at each such establishment. A multiestablishment employer choosing the option to
submit a ‘‘Type 6’’ establishment list report, instead
of a ‘‘Type 8’’ report, was required to manually
enter employee demographic data by job category
and sex and race or ethnicity into the
accompanying ‘‘Type 2’’ consolidated report for
every employee of every establishment included on
the ‘‘Type 6’’ establishment list report.
6 With the discontinuation of the option to use a
‘‘Type 6’’ establishment list report, a ‘‘Consolidated
Report’’ can be auto-populated and auto-generated
with data from a multi-establishment employer’s
‘‘Headquarters Report’’ and ‘‘Establishment-Level
Report(s)’’ within the EEOC’s electronic, web-based
EEO–1 Component 1 Online Filing System (OFS).
7 This was referred to as a ‘‘Single-Establishment
Filer Report’’ in the 60-day Notice published on
November 10, 2022 in the Federal Register.
8 Available at https://www.federalregister.gov/
documents/2022/11/10/2022-24518/agencyinformation-collection-activities-existing-collection.
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on the www.regulations.gov website.9
The first comment consisted of a brief
statement of support for the EEOC’s
proposal to create a single type of
establishment-level report.10 The
second comment was a letter submitted
by a non-profit association of employers
hereinafter referred to as ‘‘the employer
association.’’ 11
The employer association stated at the
outset that the EEO–1 Component 1’s
‘‘structure, content, and filing options
have worked well over the years and, as
a general matter, [the employer
association] supports the continuation
of the current structure.’’ Although the
employer association stated that it
‘‘supports renewal of Component 1 and
the revisions proposed by the EEOC’’
and ‘‘believes that the burdens imposed
by the data collection requirement are
justified,’’ it stated that the EEOC’s
burden estimate is ‘‘too low.’’
Additionally, the employer association
supported the consolidation of the
‘‘Type 4’’ and ‘‘Type 8’’ establishment
reports into a single establishment-level
report as well as the proposed changes
to the names of the EEO–1 Component
1 report types.12 However, the employer
association believes the EEOC should
have sought stakeholder input and
approval before discontinuing the
option to use a ‘‘Type 6’’ establishment
list report for establishments with fewer
than 50 employees and recommends
that ‘‘the EEOC incorporate into its
burden estimates the number of
locations covered by Type 6
Establishment Lists.’’
III. Commission Decisions and Final
EEOC Proposals to OMB
The EEOC Will Seek Three-Year
Approval of Revisions to the Currently
Approved Component 1 of the EEO–1
Employer Information Report
After evaluating the two comments
received from the public during the 60day Notice, the Commission has
decided it will seek a three-year
approval by OMB of revisions to EEO–
1 Component 1 for reporting years 2022,
2023, and 2024, as described in this
Notice. Based on data trends over the
last three EEO–1 Component 1 data
collection reporting years (i.e., 2019,
9 Available at https://www.regulations.gov/
docket/EEOC-2022-0005.
10 Available at https://www.regulations.gov/
comment/EEOC-2022-0005-0002.
11 Available at https://www.regulations.gov/
comment/EEOC-2022-0005-0003.
12 Beginning with the 2022 EEO–1 Component 1
data collection, the EEOC is renaming the reports
submitted by filers. The naming convention for
EEO–1 Component 1 reports will no longer include
the word ‘‘Type’’ or a specific number
corresponding to ‘‘Type.’’
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2020, and 2021), as well as the EEOC’s
ongoing updates to the EEO–1
Component 1 frame (i.e., filer roster/list
or employer roster/list), the EEOC
believes the total number of filers
submitting at least one report type may
increase to 110,000 for reporting years
2022 through 2024. Table 1 below in the
Formal Paperwork Reduction Act
Statement section provides a breakdown
of the estimated number of reports by
report type that will be submitted by the
estimated 110,000 filers. Accordingly,
the EEOC is calculating the burden
estimates in this Notice based on the
revised estimate of the number of filers
set forth below in Table 1.
After reviewing the comment
submitted by the employer association
referenced above, the EEOC believes the
commenter has misinterpreted the
burden estimates provided in the 60-day
Notice. The employer association
objects to what it characterizes as the
EEOC’s estimate that ‘‘completing all
Establishment-Level Reports will take
an average of 2.5 hours.’’ (Emphasis
added.) As Table 1 below shows, the
EEOC instead estimates that each
‘‘Establishment-Level Report’’ will take
on average 150 minutes (2.5 hours) to
complete. Thus, the employer
association correctly notes that some
employers may spend ‘‘dozens of hours
or more on Component 1 compliance’’
depending on the number of
‘‘Establishment-Level Report(s)’’ filed by
a particular employer. Even with this,
the Commission believes that the
burden estimates provided in the 60-day
Notice generally overestimate the
burden on employers with the largest
numbers of establishments. This is
because such employers are much more
likely to be using a Human Resource
Information System (HRIS) 13 which can
automatically generate their
headquarters reports and establishment
reports into a single data file upload.
While large multi-establishment
employers tend to utilize the data file
upload feature, which is much more
efficient, the EEOC did not assume this
in its burden calculations.
Although the EEOC is not changing
the ‘‘average reporting time’’ or
‘‘aggregate reporting time’’ associated
with each report, the agency has
clarified the discussion of the reporting
times below in the Formal Paperwork
Reduction Act Statement section. In the
60-day Notice, the EEOC stated an
13 For example, during the 2021 EEO–1
Component 1 reporting cycle, 78% of filers with
100 or more establishments submitted their
demographic workforce data via the EEOC’s data
file upload function as opposed to manually
entering their data by establishment into the EEO–
1 Component 1 Online Filing System (OFS).
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‘‘aggregate reporting time’’ of 5,150,488
hours for multi-establishment
employers submitting ‘‘EstablishmentLevel Reports.’’ Upon further review,
this figure could be confusing to
members of the public given that multiestablishment employers must also
submit ‘‘Consolidated Reports’’ and
‘‘Headquarters Reports.’’ As originally
written, the 5,150,488 figure referred to
the estimated number of hours
associated with ‘‘Establishment-Level
Reports’’ only. However, given the
reference to ‘‘aggregate reporting time,’’
the EEOC has clarified that when
accounting for the ‘‘aggregate reporting
time’’ for EEO–1 Component 1 multiestablishment employers to complete a
‘‘Consolidated Report’’ (0 hours) and a
‘‘Headquarters Report’’ (54,786 hours),
the total aggregate reporting time for
such filers is 5,205,274 hours.
With respect to the employer
association’s comment regarding the
‘‘Type 6’’ establishment list report, the
EEOC maintains that the burden
estimates already account for the
discontinuation of the ‘‘Type 6’’ option.
The 2,060,195 ‘‘Establishment-Level
Reports’’ that the Commission expects
to receive is extrapolated from the total
of previous years’ ‘‘Type 4’’ and ‘‘Type
8’’ establishment reports, combined
with the number of locations previously
included on ‘‘Type 6’’ reports (which
the commenter correctly notes will now
each require an ‘‘Establishment-Level
Report’’). The burden estimates are
further expanded to account for the
anticipated increase in the number of
filers.
Furthermore, the Commission does
not agree with the commenter’s
assertion that replacing the ‘‘Type 6’’
establishment list report with an
‘‘Establishment-Level Report’’ is ‘‘by
definition more burdensome and
costly.’’ In the past, a multiestablishment employer that chose to
submit a ‘‘Type 6’’ report (instead of a
‘‘Type 8’’ report for each nonheadquarters establishment with fewer
than 50 employees) was required to
provide the name and address of each
such establishment, as well as the total
number of employees at each
establishment as part of this report. A
multi-establishment employer choosing
this option would then be required to
manually enter employee demographic
data by job category and sex and race or
ethnicity into the accompanying ‘‘Type
2’’ consolidated report for every
employee of every establishment
included on the ‘‘Type 6’’ establishment
list report. As detailed in the EEOC’s
Information Collection Review (ICR)
package for reporting years 2019, 2020,
and 2021, there was a higher burden
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associated with the ‘‘Type 6’’ report
compared to the ‘‘Type 8’’ report for this
reason. For the ‘‘Type 6’’ report, the
average estimated reporting time was
480 minutes versus 180 minutes for the
‘‘Type 8’’ report.
With the discontinuation of the
option to use a ‘‘Type 6’’ establishment
list report instead of a ‘‘Type 8’’ report
for non-headquarters establishments
with fewer than 50 employees, a
‘‘Consolidated Report’’ can be autopopulated and auto-generated with data
from a multi-establishment employer’s
‘‘Headquarters Report’’ and
‘‘Establishment-Level Report(s)’’ within
the EEOC’s electronic, web-based EEO–
1 Component 1 Online Filing System
(OFS). Further, as previously noted,
employers with multiple establishments
are likely already using HRIS software
to generate their reports, in which case
providing demographics at the
establishment level for each location
can be performed in an automated
fashion.
IV. Formal Paperwork Reduction Act
Statement
A. Overview of Information Collection
Collection Title: Employer
Information Report (EEO–1) Component
1.
OMB Number: 3046–0049.
Frequency of Report: Annual.
Type of Respondent: Private
employers with 100 or more employees
and federal contractors that have 50 or
more employees and meet certain
criteria.
Description of Affected Public: Private
employers with 100 or more employees
and federal contractors that have 50 or
more employees and meet certain
criteria.
Reporting Hours: 5,238,467 hours per
annual collection.
Respondent Burden Hour Cost:
$273,137,678.30 per annual
collection.14
Federal Cost: $3,892,230.00 per
annual collection.15
14 This estimate is based on the most recent
median pay data from the U.S. Bureau of Labor
Statistics (BLS). The EEOC estimated that a
computer network specialist would account for
60% of the estimated hourly wage; a database
administrator and architect would account for 20%;
an HR specialist would account for 10%; legal
counsel would account for 5%; and a CEO would
account for 5%, yielding a total estimated hourly
wage of $34.87. See U.S. Dept. of Labor, Bureau of
Labor Statistics, Occupational Outlook Handbook,
https://www.bls.gov/ooh/. Wages cited are median
hourly wages. The ‘‘respondent burden hour cost’’
has increased slightly from the 60-day Notice
because one of the input wages listed above (i.e.,
database administrator and architect) was updated
by BLS after the 60-day Notice was published.
15 The ‘‘federal cost’’ has decreased slightly (i.e.,
by $221,158.50) from the 60-day Notice because of
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Number of Filers: 110,000 per annual
collection.16
Number of Responses: 2,235,938
reports per annual collection.17
Number of Forms: 1.
Form Number: EEOC Standard Form
100 (SF 100).
Abstract: Section 709(c) of Title VII of
the Civil Rights Act of 1964 (Title VII)
requires employers to make and keep
records relevant to the determination of
whether unlawful employment practices
have been or are being committed, to
preserve such records, and to produce
reports as the Commission prescribes by
regulation or order.18 Pursuant to this
statutory authority, the EEOC in 1966
issued a regulation requiring certain
employers to file executed copies of the
Employer Information Report (EEO–1)
and instructed employers to report
employee data by job category and by
sex and race or ethnicity.19 Pursuant to
Executive Order 11246,20 the Office of
Federal Contract Compliance Programs
(OFCCP), U.S. Department of Labor, in
1978 issued its regulation describing the
EEO–1 as a report ‘‘promulgated jointly
with the Equal Employment
Opportunity Commission’’ and
requiring certain contractors to submit
‘‘complete and accurate reports’’
annually.21 Under these authorities,
the input of lower federal staffing costs for the
EEOC’s Office of Enterprise Data and Analytics
(OEDA), which administers the EEO–1 Component
1 data collection.
16 This estimate is based on the number of filers
who were identified as being potentially eligible at
the end of the 2019 and 2020 EEO–1 Component
1 data collections (approximately 90,000 filers) and
at the end of the 2021 EEO–1 Component 1 data
collection (approximately 98,000 filers). Based on
the increases over the last three EEO–1 Component
1 data collection cycles, as well as the EEOC’s
ongoing updates to the frame (i.e., filer roster/list or
employer roster/list), the EEOC estimates an
increase of 12,000 potentially eligible filers
compared to the number of filers during the 2021
EEO–1 Component 1 data collection.
17 In the EEO–1 Component 1 Information
Collection Review (ICR) for reporting years 2019,
2020, and 2021, the term ‘‘records’’ was used
interchangeably with the term ‘‘reports’’ to refer to
the ‘‘reports’’ submitted by filers. Beginning with
the ICR for reporting years 2022, 2023, and 2024,
the EEOC will no longer use the term ‘‘records’’ to
refer to ‘‘reports’’ submitted by filers. For the
proposed EEO–1 Component 1 data collections for
reporting years 2022, 2023, and 2024, ‘‘reports’’
refers to the following types of reports: a ‘‘SingleEstablishment Employer Report,’’ a ‘‘Consolidated
Report,’’ a ‘‘Headquarters Report,’’ and an
‘‘Establishment-Level Report.’’
18 42 U.S.C. 2000e–8(c).
19 The EEOC’s EEO–1 regulation is at 29 CFR part
1602 subpart B. § 1602.7 requires eligible employers
to file ‘‘. . . in conformity with the directions set
forth in the form and accompanying instructions.’’
The EEOC is responsible for obtaining OMB’s PRA
approval for the EEO–1 report.
20 Exec. Order No. 11246, 30 FR 12319 (Sept. 24,
1965).
21 41 CFR 60–1.7(a). OFCCP obtains EEO–1
Component 1 reports for federal contractors and
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private employers with 100 or more
employees and federal contractors that
have 50 or more employees and meet
certain criteria are required to report
annually the number of individuals they
employ by job category 22 and by sex
and race or ethnicity.23 These data are
currently collected electronically by the
EEOC through a web-based data
collection application (i.e., portal)
referred to as the EEO–1 Component 1
Online Filing System (OFS).24
subcontractors (contractors) pursuant to its own
legal authority under E.O. 11246 and its
implementing regulations. See id at 60–1.7(a)(1).
Because OFCCP obtains EEO–1 data for contractors
under its own E.O. 11246 authority, some courts
have ruled that the Title VII prohibition against
disclosure does not apply to OFCCP’s collection of
EEO–1 data. See, e.g., United Techs. Corp. v.
Marshall, 464 F. Supp. 845, 851–52 (D. Conn. 1979);
Sears Roebuck & Co. v. Gen. Servs. Admin., 509
F.2d 527, 529 (D.C. Cir. 1974). Accordingly, the
EEO–1 Component 1 data of federal contractors
received by OFCCP may be subject to potential
disclosure by OFCCP under the Freedom of
Information Act (FOIA), although FOIA exemptions
may prevent disclosure. For more information, see
the Department of Labor’s FOIA regulations at 41
CFR part 70 and frequently asked questions
(Freedom of Information Act (FOIA) Frequently
Asked Questions | U.S. Department of Labor
(dol.gov)).
22 The 10 job categories are: Executive/Senior
Level Officials and Managers; First/Mid-Level
Officials and Managers; Professionals; Technicians;
Sales Workers; Administrative Support Workers;
Craft Workers; Operatives; Laborers and Helpers;
and Service Workers.
23 The EEO–1 uses federal race and ethnicity
categories, which were adopted by the Commission
in 2005 and implemented in 2007. The seven race/
ethnicity categories are: Hispanic or Latino—A
person of Cuban, Mexican, Puerto Rican, South or
Central American, or other Spanish culture or
origin regardless of race. White (Not Hispanic or
Latino)—A person having origins in any of the
original peoples of Europe, the Middle East, or
North Africa. Black or African American (Not
Hispanic or Latino)—A person having origins in
any of the black racial groups of Africa. Native
Hawaiian or Other Pacific Islander (Not Hispanic or
Latino)—A person having origins in any of the
peoples of Hawaii, Guam, Samoa, or other Pacific
Islands. Asian (Not Hispanic or Latino)—A person
having origins in any of the original peoples of the
Far East, Southeast Asia, or the Indian
Subcontinent, including, for example, Cambodia,
China, India, Japan, Korea, Malaysia, Pakistan, the
Philippine Islands, Thailand, and Vietnam.
American Indian or Alaska Native (Not Hispanic or
Latino)—A person having origins in any of the
original peoples of North and South America
(including Central America), and who maintain
tribal affiliation or community attachment. Two or
More Races (Not Hispanic or Latino)—All persons
who identify with more than one of the above five
races. OMB is in the process of reviewing and
revising its standards for maintaining, collecting,
and presenting federal data on race and ethnicity.
See https://www.whitehouse.gov/omb/briefingroom/2022/06/15/reviewing-and-revisingstandards-for-maintaining-collecting-andpresenting-federal-data-on-race-and-ethnicity/. The
EEOC will carefully consider the revision to the
federal standards for collecting race and ethnicity
data, which are expected by summer 2024, for use
in future data collections.
24 EEO–1 Component 1 filers may access the
EEO–1 Component 1 Online Filing System (OFS)
through the EEOC’s dedicated EEO–1 Component 1
website at www.eeocdata.org/eeo1.
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27507
Employers must submit their data
electronically to the web-based portal
through either manual entry or the
upload of a data file. The individual
EEO–1 reports are confidential.25 EEO–
1 data are used by the EEOC to
investigate charges of employment
discrimination against employers in
private industry and to publish periodic
reports on workforce demographics.26
B. Burden Statement
The annual estimated burden for the
prior EEO–1 Component 1 Information
Collection Review (ICR) for reporting
years 2019, 2020, and 2021 was
9,140,226 hours.27 For the proposed
package for reporting years 2022, 2023,
and 2024, the EEOC is using the same
methodology for calculating burden and
considering the same factors as the
agency did for the prior ICR. However,
as detailed below, the EEOC’s plan to
use a single ‘‘Establishment-Level
Report’’ and an auto-populated and
auto-generated ‘‘Consolidated Report,’’
as well as the increasing usage by
25 All reports and any information from
individual reports are subject to the confidentiality
provisions of Section 709(e) of Title VII of the Civil
Rights Act of 1964, 42 U.S.C. 2000e-8(e), as
amended (Title VII) and may not be made public
by the EEOC prior to the institution of any
proceeding under Title VII involving the EEO–1
Component 1 data. Any EEOC employee who
violates this prohibition may be found guilty of a
criminal misdemeanor and could be fined or
imprisoned. The confidentiality requirements allow
the EEOC to publish only aggregated data, and only
in a manner that does not identify any particular
filer or reveal any individual employee’s personal
information. With respect to other federal agencies
with a legitimate law enforcement purpose but
without OFCCP’s independent authority to collect
EEO–1 data, the EEOC gives access to information
collected under Title VII only if the agencies agree,
by letter or memorandum of understanding, to
comply with the confidentiality provisions of Title
VII. In addition, section 709(d) (42 U.S.C. 2000e–
8(d)) provides that the EEOC shall furnish upon
request and without cost to state or local civil rights
agencies information about employers in their
jurisdiction on the condition that they not make it
public prior to starting a proceeding under state or
local law involving such information. The EEOC
shares EEO–1 data with state and local Fair
Employment Practices Agencies (FEPAs) pursuant
to Worksharing Agreements that impose obligations
on the contracted FEPA with respect to
confidentiality, privacy, and data security. On a
case-by-case basis, the EEOC may share EEO–1 data
with a FEPA that does not have a Worksharing
Agreement, but only if that FEPA agrees to comply
with confidentiality, privacy, and data security
obligations similar to those imposed on FEPAs with
Worksharing Agreements.
26 Any reports the EEOC publishes based on EEO–
1 Component 1 data include only aggregated EEO–
1 Component 1 data that protect the confidentiality
of each employer’s information, as well as the
privacy of each employee’s personal information.
27 See Notice of Information Collection 84 FR
48,138 (Sept. 12, 2019) at https://www.govinfo.gov/
content/pkg/FR-2019-09-12/pdf/2019-19767.pdf
and Notice of Information Collection 85 FR 16,348
(Mar. 23, 2020) at https://www.govinfo.gov/content/
pkg/FR-2020-03-23/pdf/2020-06008.pdf.
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Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Notices
employers of the data file upload
function, significantly reduced the
annual estimated aggregate filer burden
under the proposed package from
9,140,226 to 5,238,467 hours.
The methodology used in the 30-day
Notice to calculate the burden for the
collection of EEO–1 Component 1 data
is to separate single-establishment and
multi-establishment employers and
calculate the burden by considering the
following factors: (1) the type of filer
(i.e., single-establishment or multiestablishment employer); (2) the
combination of report types submitted
by the filer (i.e., for single-establishment
employers, the ‘‘Single-Establishment
Employer Report’’ or, for multiestablishment employers, the
‘‘Consolidated Report,’’ ‘‘Headquarters
Report,’’ and ‘‘Establishment-Level
Report(s)’’); 28 and (3) the total number
of reports employers will certify to
complete their EEO–1 Component 1
submission.
Reporting time estimates for EEO–1
Component 1 filers are based on the
most recently completed EEO–1
Component 1 collection cycle (i.e., the
2021 EEO–1 Component 1 data
collection).29 At the end of the 2021
EEO–1 Component 1 data collection,
there were a total of 92,025 filers and a
total of 1,507,468 reports submitted.30
Based on data trends over the last three
EEO–1 Component 1 data collection
reporting years (i.e., 2019, 2020, and
2021),31 as well as ongoing updates by
the EEOC to the EEO–1 Component 1
frame (i.e., filer roster/list or employer
roster/list), the EEOC believes the total
number of filers submitting at least one
report may increase to 110,000. The
EEOC further estimates singleestablishment employers will continue
to represent approximately 40% of
EEO–1 Component 1 filers and will
submit less than 2% of all reports, while
multi-establishment employers will
continue to represent approximately
60% of EEO–1 Component 1 filers and
will submit more than 98% of all
reports.
Based upon the anticipated 110,000
filers submitting EEO–1 Component 1
reports, the EEOC estimates these filers
will submit a total of 2,235,938 reports
annually for reporting years 2022, 2023,
and 2024.32 The EEOC estimates 44,257
single-establishment employers will
submit a single ‘‘Single-Establishment
Employer Report,’’ and it will take these
filers 33,193 hours to do so. The EEOC
estimates 65,743 multi-establishment
employers will submit 2,191,681
reports. By definition, all EEO–1
Component 1 multi-establishment
employers must submit, at a minimum,
a ‘‘Consolidated Report,’’ a
‘‘Headquarters Report,’’ and at least one
‘‘Establishment-Level Report.’’ The total
number of ‘‘Establishment-Level
Reports’’ filed by EEO–1 Component 1
multi-establishment employers varies
greatly, with the plurality of multiestablishment employers filing one
establishment report,33 and a small
number of multi-establishment
employers filing many reports. A small
number of multi-establishment
employers account for a large portion of
overall ‘‘Establishment-Level Reports’’
submitted.34
Table 1 below outlines the number of
reports, the average reporting time by
report type, and the aggregate number of
hours estimated to submit these reports.
The aggregate reporting time for EEO–1
Component 1 filers by report type varies
between a low of 33,193 hours for
single-establishment employers
submitting a ‘‘Single-Establishment
Employer Report,’’ and a high of
5,205,274 hours for multi-establishment
employers submitting ‘‘Consolidated
Reports,’’ ‘‘Headquarters Reports,’’ and
‘‘Establishment-Level Reports.’’ When
also accounting for the aggregate
reporting time for EEO–1 Component 1
single-establishment employers to
complete a ‘‘Single-Establishment
Employer Report’’ (33,193 hours), the
total aggregate reporting time for all
EEO–1 Component 1 filers is 5,238,467
hours.
TABLE 1—PROJECTED ANNUAL BURDEN FOR EEO–1 COMPONENT 1 REPORTING YEARS 2022, 2023, 2024, BY REPORT
TYPE AND REPORTING TIME
Number of
reports
Type of report
Average
reporting time
(minutes)
Aggregate
reporting time
(hours)
Single-Establishment Employer Report a .........................................................................
Consolidated Report b ......................................................................................................
Headquarters Report c .....................................................................................................
Establishment-Level Report d ..........................................................................................
44,257
65,743
65,743
2,060,195
45
0
50
150
33,193
0
54,786
5,150,488
Total ..........................................................................................................................
2,235,938
............................
5,238,467
aA
ddrumheller on DSK120RN23PROD with NOTICES1
‘‘Single-Establishment Employer Report’’ must be submitted by all single-establishment employers. A single-establishment employer is required to submit only one report. This report must contain demographic data for all the single-establishment employer’s employees categorized
by job category and sex and race or ethnicity.
28 A single-establishment employer is required to
submit only a ‘‘Single-Establishment Employer
Report.’’ A multi-establishment employer is
required to submit a summary ‘‘Consolidated
Report,’’ a ‘‘Headquarters Report,’’ and a separate
‘‘Establishment-Level Report’’ for each nonheadquarters establishment. The ‘‘Consolidated
Report’’ is auto-populated and auto-generated for all
multi-establishment employers within the EEOC’s
EEO–1 Component 1 Online Filing System (OFS)
with data from their ‘‘Headquarters Report’’ and
‘‘Establishment-Level Report(s).’’
29 The 2021 EEO–1 Component 1 data collection
cycle opened on April 12, 2022 and ended on June
21, 2022.
30 For the 2021 EEO–1 Component 1 data
collection, these 1,507,468 reports were made up of
the following types of reports: ‘‘Type 1’’ (now
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18:14 May 01, 2023
Jkt 259001
referred to as a ‘‘Single-Establishment Employer
Report’’); ‘‘Type 2’’ (now referred to as a
‘‘Consolidated Report’’); ‘‘Type 3’’ (now referred to
as a ‘‘Headquarters Report’’); and ‘‘Type 4’’ and
‘‘Type 8’’ (now referred to as ‘‘Establishment-Level
Report(s)’’).
31 The 2019 EEO–1 Component 1 data collection
was delayed until 2021 due to the Coronavirus
Disease 2019 (COVID–19) public health emergency.
As a result, the 2019 and 2020 EEO–1 Component
1 data collections were collected concurrently in
2021. See https://www.federalregister.gov/
documents/2020/05/08/2020-09876/delay-inopening-of-2019-eeo-1-component-1-and-2020-eeo3-and-2020-eeo-5-data-collections-due-to-the.
32 This total includes the 65,743 consolidated
reports submitted annually by multi-establishment
employers that are auto-populated and auto-
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Fmt 4703
Sfmt 4703
generated by the EEO–1 Component 1 Online Filing
System (OFS). While these reports contribute to the
total report count, they have no associated burden.
33 For the 2021 EEO–1 Component 1 data
collection, the modal (i.e., most common) number
of reports submitted by multi-establishment
employers was three reports: one headquarters
report, one establishment report, and one
consolidated report. The median number of reports
submitted by multi-establishment employers was
eight reports: one headquarters report, six
establishment reports, and one consolidated report.
34 For example, in the 2021 EEO–1 Component 1
data collection, there were individual multiestablishment employers whose submissions
included thousands of reports for their nonheadquarters establishments.
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Federal Register / Vol. 88, No. 84 / Tuesday, May 2, 2023 / Notices
27509
b A ‘‘Consolidated Report’’ is required for all multi-establishment employers. A ‘‘Consolidated Report’’ must contain demographic data for all the
multi-establishment employer’s employees (i.e., employees at headquarters and all establishments), categorized by job category and sex and
race or ethnicity. The ‘‘Consolidated Report’’ is auto-populated and auto-generated within the EEOC’s electronic web-based EEO–1 Component
1 Online Filing System (OFS) for all multi-establishment employers with data from their ‘‘Headquarters Report’’ and ‘‘Establishment-Level Report(s).’’ Therefore, there is no associated burden.
c A ‘‘Headquarters Report’’ must be submitted by all multi-establishment employers. The report must contain demographic data for all the multiestablishment employer’s headquarters employees, categorized by job category and sex and race or ethnicity.
d An ‘‘Establishment-Level Report’’ must be submitted by all multi-establishment employers for each non-headquarters establishment. An ‘‘Establishment-Level Report’’ must contain establishment-level demographic data for all employees at each of the multi-establishment employer’s
non-headquarters establishments categorized by job category and sex and race or ethnicity. One ‘‘Establishment-Level Report’’ must be submitted for each non-headquarters establishment. For example, if a multi-establishment employer has 10 non-headquarters establishments, the
multi-establishment employer must submit 10 ‘‘Establishment-Level Reports.’’ Beginning with the 2022 EEO–1 Component 1 data collection,
multi-establishment employers will no longer be required to file a separate ‘‘type’’ of establishment report based on the size of an individual nonheadquarters establishment (i.e., establishments with 50 or more employees or establishments with fewer than 50 employees). Rather, a multiestablishment employer will submit an ‘‘Establishment-Level Report’’ to report establishment-level employee demographic data for each of its
non-headquarters establishment(s) regardless of size.
ddrumheller on DSK120RN23PROD with NOTICES1
An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated number of
respondents that must file EEO–1
Component 1 data for the next three
reporting years (i.e., 2022, 2023, and
2024) is 110,000 filers each year. Each
filer is required to respond to the EEO–
1 Component 1 once annually. The
burden estimate is based on data from
prior administrations of the EEO–1
Component 1 data collection. The EEOC
estimates the 110,000 filers will submit
a total of 2,235,938 reports annually.
About 40% of EEO–1 Component 1
filers (i.e., 44,257 single-establishment
employers) will submit one report (i.e.,
a ‘‘Single-Establishment Employer
Report’’) on a single establishment. It is
estimated these single-establishment
employers will take an average of 45
minutes per reporting year to complete
their EEO–1 Component 1 report. About
60% of EEO–1 Component 1 filers (i.e.,
65,743 multi-establishment employers)
will report data on multiple
establishments. For each reporting year,
all multi-establishment employers must
submit a ‘‘Consolidated Report,’’ a
‘‘Headquarters Report,’’ and an
‘‘Establishment-Level Report’’ for each
establishment, resulting in an estimated
total of 2,191,681 reports submitted.35
While the actual submission time for
each single-establishment employer and
multi-establishment employer varies, for
purposes of this Notice the EEOC
estimates that it will take a singleestablishment employer 45 minutes and
the modal (i.e., most common) multiestablishment employer 200 minutes
(i.e., 3.33 hours) to complete their EEO–
1 Component 1 report(s).36
35 This total includes the 65,743 ‘‘Consolidated
Reports’’ submitted by multi-establishment
employers, which are auto-populated and autogenerated by the EEO–1 Component 1 Online Filing
System (OFS). While these reports contribute to the
total report count, they have no associated burden.
36 Burden for single-establishment employers is
based on a single report. Burden for multiestablishment employers is cumulative and is based
on the report type combination. The completion
time for the ‘‘Consolidated Report’’ is 0 minutes
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18:14 May 01, 2023
Jkt 259001
An estimate of the total public burden
(in hours) associated with the collection:
The collection of EEO–1 Component 1
data for reporting years 2022, 2023, and
2024 is estimated to impose 5,238,467
annual burden hours for 2,235,938
EEO–1 Component 1 reports filed each
reporting year.
Dated: April 24, 2023.
For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2023–09216 Filed 5–1–23; 8:45 am]
BILLING CODE P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Privacy Act of 1974; System of
Records
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice of a new system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended, the
FDIC proposes to establish a new FDIC
system of records titled FDIC–041,
‘‘Personal Information Allowing
Network Operations (PIANO).’’ This
SUMMARY:
since this report is auto-populated and autogenerated within the EEOC’s electronic web-based
EEO–1 Component 1 Online Filing System (OFS) for
all multi-establishment employers with data from
their ‘‘Headquarters Report’’ and ‘‘EstablishmentLevel Report(s).’’ The completion of the
‘‘Headquarters Report’’ adds 50 minutes to the
burden, and the completion of each ‘‘EstablishmentLevel Report’’ adds 150 minutes to the burden.
Given the modal (i.e., most common) multiestablishment employer submitted one
‘‘Consolidated Report,’’ one ‘‘Headquarters Report,’’
and only one ‘‘Establishment-Level Report,’’ the
modal multi-establishment employer will have a
total burden of 200 minutes, or 3.33 hours (0
minutes for the ‘‘Consolidated Report,’’ 50 minutes
for the ‘‘Headquarters Report,’’ and 150 minutes for
the one ‘‘Establishment-Level Report’’). Please note
that the ‘‘modal’’ multi-establishment employer
referenced here is based on the number of reports
submitted by multi-establishment employers during
the EEOC’s most recent EEO–1 Component 1 data
collection (i.e., 2021), which closed in summer
2022.
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
system of records maintains information
collected from individuals that interact
with FDIC information technology
resources, including FDIC employees,
FDIC contractors, FDIC volunteers, FDIC
interns, Federal and State financial
regulator employees, financial
institution employees, and other
members of the public. FDIC collects
and maintains the information
necessary in this system of records to
support and facilitate the approval,
monitoring, and disabling of access by
individuals that interact with FDIC
information technology resources. We
hereby publish this notice for comment
on the proposed action.
DATES: This action will become effective
on May 2, 2023. The routine uses in this
action will become effective June 1,
2023, unless the FDIC makes changes
based on comments received. Written
comments should be submitted on or
before June 1, 2023.
ADDRESSES: Interested parties are
invited to submit written comments
identified by Privacy Act Systems of
Records (FDIC–041) by any of the
following methods:
• Agency Website: https://
www.fdic.gov/resources/regulations/
federal-register-publications/. Follow
the instructions for submitting
comments on the FDIC website.
• Email: comments@fdic.gov. Include
‘‘Comments-SORN (FDIC–041)’’ in the
subject line of communication.
• Mail: James P. Sheesley, Assistant
Executive Secretary, Attention:
Comments-SORN (FDIC–041), Legal
Division, Office of the Executive
Secretary, Federal Deposit Insurance
Corporation, 550 17th Street NW,
Washington, DC 20429.
• Hand Delivery: Comments may be
hand-delivered to the guard station at
the rear of the 17th Street NW building
(located on F Street NW), on business
days between 7:00 a.m. and 5:00 p.m.
• Public Inspection: Comments
received, including any personal
information provided, may be posted
without change to https://www.fdic.gov/
resources/regulations/federal-register-
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]]>Agencies
[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27504-27509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09216]
=======================================================================
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Existing Collection
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice of information collection--proposed revision of the
Employer Information Report (EEO-1) Component 1.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act (PRA), the
Equal Employment Opportunity Commission (EEOC or Commission) announces
that it has submitted to the Office of Management and Budget (OMB) a
request for a three-year PRA approval of revisions to Component 1 of
the Employer Information Report (EEO-1). This PRA submission for the
EEO-1 Component 1 does not change the types of demographic workforce
data historically collected by the EEO-1 (i.e., employee data by job
category and sex and race or ethnicity). Rather, as part of this
routine three-year clearance for Component 1 under the PRA, the EEOC
seeks OMB approval of measures that streamline and modernize how the
current EEO-1 Component 1 workforce demographic data are collected from
employers.
DATES: Written comments on this notice must be submitted on or before
June 1, 2023.
ADDRESSES: Written comments should be sent within 30 days of
publication of this final notice to www.reginfo.gov/public/do/PRAMain.
Find this particular information collection by selecting ``Currently
under Review--Open for Public Comments'' or by using the search
function.
FOR FURTHER INFORMATION CONTACT: Paul Guerino, Director, Data
Development and Information Products Division, Office of Enterprise
Data and Analytics (OEDA), Equal Employment Opportunity Commission, 131
M Street NE, Washington, DC 20507; (202) 921-2928 (voice), (800) 669-
6820 (TTY) or email at [email protected]. Requests for this notice in an
alternative format should be made to the EEOC's Office of
Communications and Legislative Affairs (OCLA) at (202) 921-3191
(voice), (800) 669-6820 (TTY), or (844) 234-5122 (ASL Video Phone).
SUPPLEMENTARY INFORMATION: A notice that the EEOC would be submitting
this request was published in the Federal Register on November 10,
2022, allowing for a 60-day public comment period which ended on
January 9, 2023.\1\ Two comments were received from the public.
---------------------------------------------------------------------------
\1\ See Notice of Information Collection 87 FR 67907 (Nov. 10,
2022) at https://www.federalregister.gov/documents/2022/11/10/2022-24518/agency-information-collection-activities-existing-collection.
---------------------------------------------------------------------------
I. Background
A. The EEO-1 Component 1 Report 2
---------------------------------------------------------------------------
\2\ Component 1 of the EEO-1 refers to the demographic data the
EEOC has collected since 1966. The EEOC called its historic, first-
time collection of pay data from certain private employers and
federal contractors Component 2 of the EEO-1. The Component 2
collection was completed in February 2020. On July 28, 2022, the
National Academies of Sciences, Engineering, and Medicine (NASEM)
issued a Consensus Study Report evaluating the Component 2 pay data
collection and providing recommendations for future data
collections. The EEOC is carefully evaluating NASEM's
recommendations as they relate to the EEO-1 Component 1 data
collection and may request modification of the EEO-1 Component 1
collection in the future. The Consensus Report is available at
https://nap.nationalacademies.org/catalog/26581/evaluation-of-compensation-data-collected-through-the-eeo-1-form.
---------------------------------------------------------------------------
Since 1966, the EEOC has required eligible employers to submit
workforce demographic data (EEO-1 Component 1) on an annual basis. All
private employers that are covered by Title VII of the Civil Rights Act
of 1964, as amended (Title VII),\3\ and that have 100 or more employees
are required to file the workforce demographic data. In addition,
Office of Federal Contract Compliance Programs (OFCCP) regulations
require certain federal contractors to file the EEO-1 Component 1 if
they have 50 or more employees and are not exempt as provided for by 41
CFR 60-1.5.
---------------------------------------------------------------------------
\3\ 42 U.S.C. 2000e, et seq.
---------------------------------------------------------------------------
B. The 60-Day Notice: Request for Three-Year PRA Approval of Revisions
to the EEO-1 Component 1
Pursuant to the PRA and OMB regulations found at 5 CFR
1320.8(d)(1), the Commission published a Notice in the Federal Register
on November 10, 2022 soliciting public comments during a 60-day period
(``60-day Notice'') on its intention to seek three-year OMB approval of
revisions to the currently approved EEO-1 Component 1. In its 60-day
Notice, the EEOC sought to: (1) Evaluate whether the proposed
collection of information is necessary for the proper performance of
the
[[Page 27505]]
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). The 60-day Notice comment period
ended on January 9, 2023.
As discussed in the 2019 and 2020 Federal Register Notices
associated with the agency's previous request for clearance of
Component 1,\4\ the EEOC created the Office of Enterprise Data and
Analytics (OEDA) in May 2018 with the goal of creating a 21st century
data and analytics organization at the agency. Since its creation,
OEDA, which administers the agency's EEO data collections, including
the EEO-1 Component 1, has undertaken several efforts to modernize the
collections and improve the quality of data collected. OEDA has also
streamlined functions, such as providing additional self-service
options, resource materials, and an online support message center. As
part of these ongoing modernization efforts, OEDA identified additional
burden-reducing measures to streamline how the current EEO-1 Component
1 workforce demographic data are collected from employers. This request
for clearance under the PRA includes changes that make the EEO-1
Component 1 filing process more user-friendly and less burdensome.
---------------------------------------------------------------------------
\4\ See Notice of Information Collection 84 FR 48138, 48139
(Sept. 12, 2019) at https://www.govinfo.gov/content/pkg/FR-2019-09-12/pdf/2019-19767.pdf and Notice of Information Collection 85 FR
16348, 16341 (Mar. 23, 2020) at https://www.govinfo.gov/content/pkg/FR-2020-03-23/pdf/2020-06008.pdf.
---------------------------------------------------------------------------
Beginning with the 2022 EEO-1 Component 1 data collection, multi-
establishment employers will no longer be required to file a separate
``type'' of establishment report based on the size of an individual
non-headquarters establishment (i.e., establishments with 50 or more
employees or establishments with fewer than 50 employees). Rather, in
place of the former ``Type 4'' and ``Type 8'' establishment reports and
the former ``Type 6'' establishment list report, there will be a newly
named ``Establishment-Level Report.'' \5\ All multi-establishment
employers will use the ``Establishment-Level Report'' to submit
establishment-level employee demographic data for each of their non-
headquarters establishment(s) regardless of size. With this change, a
multi-establishment employer will no longer have to take the additional
step of counting employees in each establishment to determine whether
to file a ``Type 4'' or ``Type 8'' establishment report. Multi-
establishment employers will still be required to submit a
``Headquarters Report'' (formerly referred to as a ``Type 3'' report)
and a ``Consolidated Report'' (formerly referred to as a ``Type 2''
report). However, each ``Consolidated Report'' for every multi-
establishment employer will be auto-populated and auto-generated with
data from their ``Headquarters Report'' and ``Establishment-Level
Report(s)'' within the EEOC's electronic, web-based EEO-1 Component 1
Online Filing System (OFS).\6\ A single-establishment employer is still
required to submit only one report, a ``Single-Establishment Employer
Report'' \7\ (formerly referred to as a ``Type 1'' single establishment
report).
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\5\ The ``Type 4'' report contained establishment-level employee
demographic data at a non-headquarters establishment with 50 or more
employees. The ``Type 8'' report contained establishment-level
employee demographic data at a non-headquarters establishment with
fewer than 50 employees. The ``Type 6'' establishment list report
contained the name and address of each non-headquarters
establishment with fewer than 50 employees, as well as the total
number of employees at each such establishment. A multi-
establishment employer choosing the option to submit a ``Type 6''
establishment list report, instead of a ``Type 8'' report, was
required to manually enter employee demographic data by job category
and sex and race or ethnicity into the accompanying ``Type 2''
consolidated report for every employee of every establishment
included on the ``Type 6'' establishment list report.
\6\ With the discontinuation of the option to use a ``Type 6''
establishment list report, a ``Consolidated Report'' can be auto-
populated and auto-generated with data from a multi-establishment
employer's ``Headquarters Report'' and ``Establishment-Level
Report(s)'' within the EEOC's electronic, web-based EEO-1 Component
1 Online Filing System (OFS).
\7\ This was referred to as a ``Single-Establishment Filer
Report'' in the 60-day Notice published on November 10, 2022 in the
Federal Register.
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II. The Public Comments on the 60-day Notice
The 60-day Notice was published in the Federal Register on November
10, 2022.\8\ The EEOC received two comments during the public comment
period, both of which were published on the www.regulations.gov
website.\9\ The first comment consisted of a brief statement of support
for the EEOC's proposal to create a single type of establishment-level
report.\10\ The second comment was a letter submitted by a non-profit
association of employers hereinafter referred to as ``the employer
association.'' \11\
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\8\ Available at https://www.federalregister.gov/documents/2022/11/10/2022-24518/agency-information-collection-activities-existing-collection.
\9\ Available at https://www.regulations.gov/docket/EEOC-2022-0005.
\10\ Available at https://www.regulations.gov/comment/EEOC-2022-0005-0002.
\11\ Available at https://www.regulations.gov/comment/EEOC-2022-0005-0003.
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The employer association stated at the outset that the EEO-1
Component 1's ``structure, content, and filing options have worked well
over the years and, as a general matter, [the employer association]
supports the continuation of the current structure.'' Although the
employer association stated that it ``supports renewal of Component 1
and the revisions proposed by the EEOC'' and ``believes that the
burdens imposed by the data collection requirement are justified,'' it
stated that the EEOC's burden estimate is ``too low.'' Additionally,
the employer association supported the consolidation of the ``Type 4''
and ``Type 8'' establishment reports into a single establishment-level
report as well as the proposed changes to the names of the EEO-1
Component 1 report types.\12\ However, the employer association
believes the EEOC should have sought stakeholder input and approval
before discontinuing the option to use a ``Type 6'' establishment list
report for establishments with fewer than 50 employees and recommends
that ``the EEOC incorporate into its burden estimates the number of
locations covered by Type 6 Establishment Lists.''
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\12\ Beginning with the 2022 EEO-1 Component 1 data collection,
the EEOC is renaming the reports submitted by filers. The naming
convention for EEO-1 Component 1 reports will no longer include the
word ``Type'' or a specific number corresponding to ``Type.''
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III. Commission Decisions and Final EEOC Proposals to OMB
The EEOC Will Seek Three-Year Approval of Revisions to the Currently
Approved Component 1 of the EEO-1 Employer Information Report
After evaluating the two comments received from the public during
the 60-day Notice, the Commission has decided it will seek a three-year
approval by OMB of revisions to EEO-1 Component 1 for reporting years
2022, 2023, and 2024, as described in this Notice. Based on data trends
over the last three EEO-1 Component 1 data collection reporting years
(i.e., 2019,
[[Page 27506]]
2020, and 2021), as well as the EEOC's ongoing updates to the EEO-1
Component 1 frame (i.e., filer roster/list or employer roster/list),
the EEOC believes the total number of filers submitting at least one
report type may increase to 110,000 for reporting years 2022 through
2024. Table 1 below in the Formal Paperwork Reduction Act Statement
section provides a breakdown of the estimated number of reports by
report type that will be submitted by the estimated 110,000 filers.
Accordingly, the EEOC is calculating the burden estimates in this
Notice based on the revised estimate of the number of filers set forth
below in Table 1.
After reviewing the comment submitted by the employer association
referenced above, the EEOC believes the commenter has misinterpreted
the burden estimates provided in the 60-day Notice. The employer
association objects to what it characterizes as the EEOC's estimate
that ``completing all Establishment-Level Reports will take an average
of 2.5 hours.'' (Emphasis added.) As Table 1 below shows, the EEOC
instead estimates that each ``Establishment-Level Report'' will take on
average 150 minutes (2.5 hours) to complete. Thus, the employer
association correctly notes that some employers may spend ``dozens of
hours or more on Component 1 compliance'' depending on the number of
``Establishment-Level Report(s)'' filed by a particular employer. Even
with this, the Commission believes that the burden estimates provided
in the 60-day Notice generally overestimate the burden on employers
with the largest numbers of establishments. This is because such
employers are much more likely to be using a Human Resource Information
System (HRIS) \13\ which can automatically generate their headquarters
reports and establishment reports into a single data file upload. While
large multi-establishment employers tend to utilize the data file
upload feature, which is much more efficient, the EEOC did not assume
this in its burden calculations.
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\13\ For example, during the 2021 EEO-1 Component 1 reporting
cycle, 78% of filers with 100 or more establishments submitted their
demographic workforce data via the EEOC's data file upload function
as opposed to manually entering their data by establishment into the
EEO-1 Component 1 Online Filing System (OFS).
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Although the EEOC is not changing the ``average reporting time'' or
``aggregate reporting time'' associated with each report, the agency
has clarified the discussion of the reporting times below in the Formal
Paperwork Reduction Act Statement section. In the 60-day Notice, the
EEOC stated an ``aggregate reporting time'' of 5,150,488 hours for
multi-establishment employers submitting ``Establishment-Level
Reports.'' Upon further review, this figure could be confusing to
members of the public given that multi-establishment employers must
also submit ``Consolidated Reports'' and ``Headquarters Reports.'' As
originally written, the 5,150,488 figure referred to the estimated
number of hours associated with ``Establishment-Level Reports'' only.
However, given the reference to ``aggregate reporting time,'' the EEOC
has clarified that when accounting for the ``aggregate reporting time''
for EEO-1 Component 1 multi-establishment employers to complete a
``Consolidated Report'' (0 hours) and a ``Headquarters Report'' (54,786
hours), the total aggregate reporting time for such filers is 5,205,274
hours.
With respect to the employer association's comment regarding the
``Type 6'' establishment list report, the EEOC maintains that the
burden estimates already account for the discontinuation of the ``Type
6'' option. The 2,060,195 ``Establishment-Level Reports'' that the
Commission expects to receive is extrapolated from the total of
previous years' ``Type 4'' and ``Type 8'' establishment reports,
combined with the number of locations previously included on ``Type 6''
reports (which the commenter correctly notes will now each require an
``Establishment-Level Report''). The burden estimates are further
expanded to account for the anticipated increase in the number of
filers.
Furthermore, the Commission does not agree with the commenter's
assertion that replacing the ``Type 6'' establishment list report with
an ``Establishment-Level Report'' is ``by definition more burdensome
and costly.'' In the past, a multi-establishment employer that chose to
submit a ``Type 6'' report (instead of a ``Type 8'' report for each
non-headquarters establishment with fewer than 50 employees) was
required to provide the name and address of each such establishment, as
well as the total number of employees at each establishment as part of
this report. A multi-establishment employer choosing this option would
then be required to manually enter employee demographic data by job
category and sex and race or ethnicity into the accompanying ``Type 2''
consolidated report for every employee of every establishment included
on the ``Type 6'' establishment list report. As detailed in the EEOC's
Information Collection Review (ICR) package for reporting years 2019,
2020, and 2021, there was a higher burden associated with the ``Type
6'' report compared to the ``Type 8'' report for this reason. For the
``Type 6'' report, the average estimated reporting time was 480 minutes
versus 180 minutes for the ``Type 8'' report.
With the discontinuation of the option to use a ``Type 6''
establishment list report instead of a ``Type 8'' report for non-
headquarters establishments with fewer than 50 employees, a
``Consolidated Report'' can be auto-populated and auto-generated with
data from a multi-establishment employer's ``Headquarters Report'' and
``Establishment-Level Report(s)'' within the EEOC's electronic, web-
based EEO-1 Component 1 Online Filing System (OFS). Further, as
previously noted, employers with multiple establishments are likely
already using HRIS software to generate their reports, in which case
providing demographics at the establishment level for each location can
be performed in an automated fashion.
IV. Formal Paperwork Reduction Act Statement
A. Overview of Information Collection
Collection Title: Employer Information Report (EEO-1) Component 1.
OMB Number: 3046-0049.
Frequency of Report: Annual.
Type of Respondent: Private employers with 100 or more employees
and federal contractors that have 50 or more employees and meet certain
criteria.
Description of Affected Public: Private employers with 100 or more
employees and federal contractors that have 50 or more employees and
meet certain criteria.
Reporting Hours: 5,238,467 hours per annual collection.
Respondent Burden Hour Cost: $273,137,678.30 per annual
collection.\14\
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\14\ This estimate is based on the most recent median pay data
from the U.S. Bureau of Labor Statistics (BLS). The EEOC estimated
that a computer network specialist would account for 60% of the
estimated hourly wage; a database administrator and architect would
account for 20%; an HR specialist would account for 10%; legal
counsel would account for 5%; and a CEO would account for 5%,
yielding a total estimated hourly wage of $34.87. See U.S. Dept. of
Labor, Bureau of Labor Statistics, Occupational Outlook Handbook,
https://www.bls.gov/ooh/. Wages cited are median hourly wages. The
``respondent burden hour cost'' has increased slightly from the 60-
day Notice because one of the input wages listed above (i.e.,
database administrator and architect) was updated by BLS after the
60-day Notice was published.
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Federal Cost: $3,892,230.00 per annual collection.\15\
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\15\ The ``federal cost'' has decreased slightly (i.e., by
$221,158.50) from the 60-day Notice because of the input of lower
federal staffing costs for the EEOC's Office of Enterprise Data and
Analytics (OEDA), which administers the EEO-1 Component 1 data
collection.
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[[Page 27507]]
Number of Filers: 110,000 per annual collection.\16\
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\16\ This estimate is based on the number of filers who were
identified as being potentially eligible at the end of the 2019 and
2020 EEO-1 Component 1 data collections (approximately 90,000
filers) and at the end of the 2021 EEO-1 Component 1 data collection
(approximately 98,000 filers). Based on the increases over the last
three EEO-1 Component 1 data collection cycles, as well as the
EEOC's ongoing updates to the frame (i.e., filer roster/list or
employer roster/list), the EEOC estimates an increase of 12,000
potentially eligible filers compared to the number of filers during
the 2021 EEO-1 Component 1 data collection.
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Number of Responses: 2,235,938 reports per annual collection.\17\
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\17\ In the EEO-1 Component 1 Information Collection Review
(ICR) for reporting years 2019, 2020, and 2021, the term ``records''
was used interchangeably with the term ``reports'' to refer to the
``reports'' submitted by filers. Beginning with the ICR for
reporting years 2022, 2023, and 2024, the EEOC will no longer use
the term ``records'' to refer to ``reports'' submitted by filers.
For the proposed EEO-1 Component 1 data collections for reporting
years 2022, 2023, and 2024, ``reports'' refers to the following
types of reports: a ``Single-Establishment Employer Report,'' a
``Consolidated Report,'' a ``Headquarters Report,'' and an
``Establishment-Level Report.''
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Number of Forms: 1.
Form Number: EEOC Standard Form 100 (SF 100).
Abstract: Section 709(c) of Title VII of the Civil Rights Act of
1964 (Title VII) requires employers to make and keep records relevant
to the determination of whether unlawful employment practices have been
or are being committed, to preserve such records, and to produce
reports as the Commission prescribes by regulation or order.\18\
Pursuant to this statutory authority, the EEOC in 1966 issued a
regulation requiring certain employers to file executed copies of the
Employer Information Report (EEO-1) and instructed employers to report
employee data by job category and by sex and race or ethnicity.\19\
Pursuant to Executive Order 11246,\20\ the Office of Federal Contract
Compliance Programs (OFCCP), U.S. Department of Labor, in 1978 issued
its regulation describing the EEO-1 as a report ``promulgated jointly
with the Equal Employment Opportunity Commission'' and requiring
certain contractors to submit ``complete and accurate reports''
annually.\21\ Under these authorities, private employers with 100 or
more employees and federal contractors that have 50 or more employees
and meet certain criteria are required to report annually the number of
individuals they employ by job category \22\ and by sex and race or
ethnicity.\23\ These data are currently collected electronically by the
EEOC through a web-based data collection application (i.e., portal)
referred to as the EEO-1 Component 1 Online Filing System (OFS).\24\
Employers must submit their data electronically to the web-based portal
through either manual entry or the upload of a data file. The
individual EEO-1 reports are confidential.\25\ EEO-1 data are used by
the EEOC to investigate charges of employment discrimination against
employers in private industry and to publish periodic reports on
workforce demographics.\26\
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\18\ 42 U.S.C. 2000e-8(c).
\19\ The EEOC's EEO-1 regulation is at 29 CFR part 1602 subpart
B. Sec. 1602.7 requires eligible employers to file ``. . . in
conformity with the directions set forth in the form and
accompanying instructions.'' The EEOC is responsible for obtaining
OMB's PRA approval for the EEO-1 report.
\20\ Exec. Order No. 11246, 30 FR 12319 (Sept. 24, 1965).
\21\ 41 CFR 60-1.7(a). OFCCP obtains EEO-1 Component 1 reports
for federal contractors and subcontractors (contractors) pursuant to
its own legal authority under E.O. 11246 and its implementing
regulations. See id at 60-1.7(a)(1). Because OFCCP obtains EEO-1
data for contractors under its own E.O. 11246 authority, some courts
have ruled that the Title VII prohibition against disclosure does
not apply to OFCCP's collection of EEO-1 data. See, e.g., United
Techs. Corp. v. Marshall, 464 F. Supp. 845, 851-52 (D. Conn. 1979);
Sears Roebuck & Co. v. Gen. Servs. Admin., 509 F.2d 527, 529 (D.C.
Cir. 1974). Accordingly, the EEO-1 Component 1 data of federal
contractors received by OFCCP may be subject to potential disclosure
by OFCCP under the Freedom of Information Act (FOIA), although FOIA
exemptions may prevent disclosure. For more information, see the
Department of Labor's FOIA regulations at 41 CFR part 70 and
frequently asked questions (Freedom of Information Act (FOIA)
Frequently Asked Questions [verbar] U.S. Department of Labor
(dol.gov)).
\22\ The 10 job categories are: Executive/Senior Level Officials
and Managers; First/Mid-Level Officials and Managers; Professionals;
Technicians; Sales Workers; Administrative Support Workers; Craft
Workers; Operatives; Laborers and Helpers; and Service Workers.
\23\ The EEO-1 uses federal race and ethnicity categories, which
were adopted by the Commission in 2005 and implemented in 2007. The
seven race/ethnicity categories are: Hispanic or Latino--A person of
Cuban, Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin regardless of race. White (Not Hispanic or
Latino)--A person having origins in any of the original peoples of
Europe, the Middle East, or North Africa. Black or African American
(Not Hispanic or Latino)--A person having origins in any of the
black racial groups of Africa. Native Hawaiian or Other Pacific
Islander (Not Hispanic or Latino)--A person having origins in any of
the peoples of Hawaii, Guam, Samoa, or other Pacific Islands. Asian
(Not Hispanic or Latino)--A person having origins in any of the
original peoples of the Far East, Southeast Asia, or the Indian
Subcontinent, including, for example, Cambodia, China, India, Japan,
Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and
Vietnam. American Indian or Alaska Native (Not Hispanic or Latino)--
A person having origins in any of the original peoples of North and
South America (including Central America), and who maintain tribal
affiliation or community attachment. Two or More Races (Not Hispanic
or Latino)--All persons who identify with more than one of the above
five races. OMB is in the process of reviewing and revising its
standards for maintaining, collecting, and presenting federal data
on race and ethnicity. See https://www.whitehouse.gov/omb/briefing-room/2022/06/15/reviewing-and-revising-standards-for-maintaining-collecting-and-presenting-federal-data-on-race-and-ethnicity/. The
EEOC will carefully consider the revision to the federal standards
for collecting race and ethnicity data, which are expected by summer
2024, for use in future data collections.
\24\ EEO-1 Component 1 filers may access the EEO-1 Component 1
Online Filing System (OFS) through the EEOC's dedicated EEO-1
Component 1 website at www.eeocdata.org/eeo1.
\25\ All reports and any information from individual reports are
subject to the confidentiality provisions of Section 709(e) of Title
VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-8(e), as
amended (Title VII) and may not be made public by the EEOC prior to
the institution of any proceeding under Title VII involving the EEO-
1 Component 1 data. Any EEOC employee who violates this prohibition
may be found guilty of a criminal misdemeanor and could be fined or
imprisoned. The confidentiality requirements allow the EEOC to
publish only aggregated data, and only in a manner that does not
identify any particular filer or reveal any individual employee's
personal information. With respect to other federal agencies with a
legitimate law enforcement purpose but without OFCCP's independent
authority to collect EEO-1 data, the EEOC gives access to
information collected under Title VII only if the agencies agree, by
letter or memorandum of understanding, to comply with the
confidentiality provisions of Title VII. In addition, section 709(d)
(42 U.S.C. 2000e-8(d)) provides that the EEOC shall furnish upon
request and without cost to state or local civil rights agencies
information about employers in their jurisdiction on the condition
that they not make it public prior to starting a proceeding under
state or local law involving such information. The EEOC shares EEO-1
data with state and local Fair Employment Practices Agencies (FEPAs)
pursuant to Worksharing Agreements that impose obligations on the
contracted FEPA with respect to confidentiality, privacy, and data
security. On a case-by-case basis, the EEOC may share EEO-1 data
with a FEPA that does not have a Worksharing Agreement, but only if
that FEPA agrees to comply with confidentiality, privacy, and data
security obligations similar to those imposed on FEPAs with
Worksharing Agreements.
\26\ Any reports the EEOC publishes based on EEO-1 Component 1
data include only aggregated EEO-1 Component 1 data that protect the
confidentiality of each employer's information, as well as the
privacy of each employee's personal information.
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B. Burden Statement
The annual estimated burden for the prior EEO-1 Component 1
Information Collection Review (ICR) for reporting years 2019, 2020, and
2021 was 9,140,226 hours.\27\ For the proposed package for reporting
years 2022, 2023, and 2024, the EEOC is using the same methodology for
calculating burden and considering the same factors as the agency did
for the prior ICR. However, as detailed below, the EEOC's plan to use a
single ``Establishment-Level Report'' and an auto-populated and auto-
generated ``Consolidated Report,'' as well as the increasing usage by
[[Page 27508]]
employers of the data file upload function, significantly reduced the
annual estimated aggregate filer burden under the proposed package from
9,140,226 to 5,238,467 hours.
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\27\ See Notice of Information Collection 84 FR 48,138 (Sept.
12, 2019) at https://www.govinfo.gov/content/pkg/FR-2019-09-12/pdf/2019-19767.pdf and Notice of Information Collection 85 FR 16,348
(Mar. 23, 2020) at https://www.govinfo.gov/content/pkg/FR-2020-03-23/pdf/2020-06008.pdf.
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The methodology used in the 30-day Notice to calculate the burden
for the collection of EEO-1 Component 1 data is to separate single-
establishment and multi-establishment employers and calculate the
burden by considering the following factors: (1) the type of filer
(i.e., single-establishment or multi-establishment employer); (2) the
combination of report types submitted by the filer (i.e., for single-
establishment employers, the ``Single-Establishment Employer Report''
or, for multi-establishment employers, the ``Consolidated Report,''
``Headquarters Report,'' and ``Establishment-Level Report(s)''); \28\
and (3) the total number of reports employers will certify to complete
their EEO-1 Component 1 submission.
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\28\ A single-establishment employer is required to submit only
a ``Single-Establishment Employer Report.'' A multi-establishment
employer is required to submit a summary ``Consolidated Report,'' a
``Headquarters Report,'' and a separate ``Establishment-Level
Report'' for each non-headquarters establishment. The ``Consolidated
Report'' is auto-populated and auto-generated for all multi-
establishment employers within the EEOC's EEO-1 Component 1 Online
Filing System (OFS) with data from their ``Headquarters Report'' and
``Establishment-Level Report(s).''
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Reporting time estimates for EEO-1 Component 1 filers are based on
the most recently completed EEO-1 Component 1 collection cycle (i.e.,
the 2021 EEO-1 Component 1 data collection).\29\ At the end of the 2021
EEO-1 Component 1 data collection, there were a total of 92,025 filers
and a total of 1,507,468 reports submitted.\30\ Based on data trends
over the last three EEO-1 Component 1 data collection reporting years
(i.e., 2019, 2020, and 2021),\31\ as well as ongoing updates by the
EEOC to the EEO-1 Component 1 frame (i.e., filer roster/list or
employer roster/list), the EEOC believes the total number of filers
submitting at least one report may increase to 110,000. The EEOC
further estimates single-establishment employers will continue to
represent approximately 40% of EEO-1 Component 1 filers and will submit
less than 2% of all reports, while multi-establishment employers will
continue to represent approximately 60% of EEO-1 Component 1 filers and
will submit more than 98% of all reports.
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\29\ The 2021 EEO-1 Component 1 data collection cycle opened on
April 12, 2022 and ended on June 21, 2022.
\30\ For the 2021 EEO-1 Component 1 data collection, these
1,507,468 reports were made up of the following types of reports:
``Type 1'' (now referred to as a ``Single-Establishment Employer
Report''); ``Type 2'' (now referred to as a ``Consolidated
Report''); ``Type 3'' (now referred to as a ``Headquarters
Report''); and ``Type 4'' and ``Type 8'' (now referred to as
``Establishment-Level Report(s)'').
\31\ The 2019 EEO-1 Component 1 data collection was delayed
until 2021 due to the Coronavirus Disease 2019 (COVID-19) public
health emergency. As a result, the 2019 and 2020 EEO-1 Component 1
data collections were collected concurrently in 2021. See https://www.federalregister.gov/documents/2020/05/08/2020-09876/delay-in-opening-of-2019-eeo-1-component-1-and-2020-eeo-3-and-2020-eeo-5-data-collections-due-to-the.
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Based upon the anticipated 110,000 filers submitting EEO-1
Component 1 reports, the EEOC estimates these filers will submit a
total of 2,235,938 reports annually for reporting years 2022, 2023, and
2024.\32\ The EEOC estimates 44,257 single-establishment employers will
submit a single ``Single-Establishment Employer Report,'' and it will
take these filers 33,193 hours to do so. The EEOC estimates 65,743
multi-establishment employers will submit 2,191,681 reports. By
definition, all EEO-1 Component 1 multi-establishment employers must
submit, at a minimum, a ``Consolidated Report,'' a ``Headquarters
Report,'' and at least one ``Establishment-Level Report.'' The total
number of ``Establishment-Level Reports'' filed by EEO-1 Component 1
multi-establishment employers varies greatly, with the plurality of
multi-establishment employers filing one establishment report,\33\ and
a small number of multi-establishment employers filing many reports. A
small number of multi-establishment employers account for a large
portion of overall ``Establishment-Level Reports'' submitted.\34\
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\32\ This total includes the 65,743 consolidated reports
submitted annually by multi-establishment employers that are auto-
populated and auto-generated by the EEO-1 Component 1 Online Filing
System (OFS). While these reports contribute to the total report
count, they have no associated burden.
\33\ For the 2021 EEO-1 Component 1 data collection, the modal
(i.e., most common) number of reports submitted by multi-
establishment employers was three reports: one headquarters report,
one establishment report, and one consolidated report. The median
number of reports submitted by multi-establishment employers was
eight reports: one headquarters report, six establishment reports,
and one consolidated report.
\34\ For example, in the 2021 EEO-1 Component 1 data collection,
there were individual multi-establishment employers whose
submissions included thousands of reports for their non-headquarters
establishments.
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Table 1 below outlines the number of reports, the average reporting
time by report type, and the aggregate number of hours estimated to
submit these reports. The aggregate reporting time for EEO-1 Component
1 filers by report type varies between a low of 33,193 hours for
single-establishment employers submitting a ``Single-Establishment
Employer Report,'' and a high of 5,205,274 hours for multi-
establishment employers submitting ``Consolidated Reports,''
``Headquarters Reports,'' and ``Establishment-Level Reports.'' When
also accounting for the aggregate reporting time for EEO-1 Component 1
single-establishment employers to complete a ``Single-Establishment
Employer Report'' (33,193 hours), the total aggregate reporting time
for all EEO-1 Component 1 filers is 5,238,467 hours.
Table 1--Projected Annual Burden for EEO-1 Component 1 Reporting Years 2022, 2023, 2024, by Report Type and
Reporting Time
----------------------------------------------------------------------------------------------------------------
Average Aggregate
Type of report Number of reporting time reporting time
reports (minutes) (hours)
----------------------------------------------------------------------------------------------------------------
Single-Establishment Employer Report \a\.................. 44,257 45 33,193
Consolidated Report \b\................................... 65,743 0 0
Headquarters Report \c\................................... 65,743 50 54,786
Establishment-Level Report \d\............................ 2,060,195 150 5,150,488
-----------------------------------------------------
Total................................................. 2,235,938 ................ 5,238,467
----------------------------------------------------------------------------------------------------------------
\a\ A ``Single-Establishment Employer Report'' must be submitted by all single-establishment employers. A single-
establishment employer is required to submit only one report. This report must contain demographic data for
all the single-establishment employer's employees categorized by job category and sex and race or ethnicity.
[[Page 27509]]
\b\ A ``Consolidated Report'' is required for all multi-establishment employers. A ``Consolidated Report'' must
contain demographic data for all the multi-establishment employer's employees (i.e., employees at headquarters
and all establishments), categorized by job category and sex and race or ethnicity. The ``Consolidated
Report'' is auto-populated and auto-generated within the EEOC's electronic web-based EEO-1 Component 1 Online
Filing System (OFS) for all multi-establishment employers with data from their ``Headquarters Report'' and
``Establishment-Level Report(s).'' Therefore, there is no associated burden.
\c\ A ``Headquarters Report'' must be submitted by all multi-establishment employers. The report must contain
demographic data for all the multi-establishment employer's headquarters employees, categorized by job
category and sex and race or ethnicity.
\d\ An ``Establishment-Level Report'' must be submitted by all multi-establishment employers for each non-
headquarters establishment. An ``Establishment-Level Report'' must contain establishment-level demographic
data for all employees at each of the multi-establishment employer's non-headquarters establishments
categorized by job category and sex and race or ethnicity. One ``Establishment-Level Report'' must be
submitted for each non-headquarters establishment. For example, if a multi-establishment employer has 10 non-
headquarters establishments, the multi-establishment employer must submit 10 ``Establishment-Level Reports.''
Beginning with the 2022 EEO-1 Component 1 data collection, multi-establishment employers will no longer be
required to file a separate ``type'' of establishment report based on the size of an individual non-
headquarters establishment (i.e., establishments with 50 or more employees or establishments with fewer than
50 employees). Rather, a multi-establishment employer will submit an ``Establishment-Level Report'' to report
establishment-level employee demographic data for each of its non-headquarters establishment(s) regardless of
size.
An estimate of the total number of respondents and the amount of
time estimated for an average respondent to respond: The estimated
number of respondents that must file EEO-1 Component 1 data for the
next three reporting years (i.e., 2022, 2023, and 2024) is 110,000
filers each year. Each filer is required to respond to the EEO-1
Component 1 once annually. The burden estimate is based on data from
prior administrations of the EEO-1 Component 1 data collection. The
EEOC estimates the 110,000 filers will submit a total of 2,235,938
reports annually. About 40% of EEO-1 Component 1 filers (i.e., 44,257
single-establishment employers) will submit one report (i.e., a
``Single-Establishment Employer Report'') on a single establishment. It
is estimated these single-establishment employers will take an average
of 45 minutes per reporting year to complete their EEO-1 Component 1
report. About 60% of EEO-1 Component 1 filers (i.e., 65,743 multi-
establishment employers) will report data on multiple establishments.
For each reporting year, all multi-establishment employers must submit
a ``Consolidated Report,'' a ``Headquarters Report,'' and an
``Establishment-Level Report'' for each establishment, resulting in an
estimated total of 2,191,681 reports submitted.\35\ While the actual
submission time for each single-establishment employer and multi-
establishment employer varies, for purposes of this Notice the EEOC
estimates that it will take a single-establishment employer 45 minutes
and the modal (i.e., most common) multi-establishment employer 200
minutes (i.e., 3.33 hours) to complete their EEO-1 Component 1
report(s).\36\
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\35\ This total includes the 65,743 ``Consolidated Reports''
submitted by multi-establishment employers, which are auto-populated
and auto-generated by the EEO-1 Component 1 Online Filing System
(OFS). While these reports contribute to the total report count,
they have no associated burden.
\36\ Burden for single-establishment employers is based on a
single report. Burden for multi-establishment employers is
cumulative and is based on the report type combination. The
completion time for the ``Consolidated Report'' is 0 minutes since
this report is auto-populated and auto-generated within the EEOC's
electronic web-based EEO-1 Component 1 Online Filing System (OFS)
for all multi-establishment employers with data from their
``Headquarters Report'' and ``Establishment-Level Report(s).'' The
completion of the ``Headquarters Report'' adds 50 minutes to the
burden, and the completion of each ``Establishment-Level Report''
adds 150 minutes to the burden. Given the modal (i.e., most common)
multi-establishment employer submitted one ``Consolidated Report,''
one ``Headquarters Report,'' and only one ``Establishment-Level
Report,'' the modal multi-establishment employer will have a total
burden of 200 minutes, or 3.33 hours (0 minutes for the
``Consolidated Report,'' 50 minutes for the ``Headquarters Report,''
and 150 minutes for the one ``Establishment-Level Report''). Please
note that the ``modal'' multi-establishment employer referenced here
is based on the number of reports submitted by multi-establishment
employers during the EEOC's most recent EEO-1 Component 1 data
collection (i.e., 2021), which closed in summer 2022.
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An estimate of the total public burden (in hours) associated with
the collection: The collection of EEO-1 Component 1 data for reporting
years 2022, 2023, and 2024 is estimated to impose 5,238,467 annual
burden hours for 2,235,938 EEO-1 Component 1 reports filed each
reporting year.
Dated: April 24, 2023.
For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2023-09216 Filed 5-1-23; 8:45 am]
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