Agency Information Collection Activities: Existing Collection, 66714-66716 [2024-18420]
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Agency Information Collection
Activities: Existing Collection
Equal Employment
Opportunity Commission.
ACTION: Notice of information
collection—proposed revision of Local
Union Report (EEO–3).
AGENCY:
In accordance with the
Paperwork Reduction Act (PRA), the
Equal Employment Opportunity
Commission (EEOC or Commission)
announces that it intends to submit to
the Office of Management and Budget
(OMB) a request for a three-year PRA
approval of revisions to the currently
approved Local Union Report (EEO–3).
DATES: Written comments on this notice
must be submitted on or before October
15, 2024.
ADDRESSES: You may submit comments
by any of the following methods—
please use only one method:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions on the website for
submitting comments.
Mail: Comments may be submitted by
mail to Raymond Windmiller, Executive
Officer, Executive Secretariat, Equal
Employment Opportunity Commission,
131 M Street NE, Washington, DC
20507.
Fax: Comments totaling six or fewer
pages can be faxed to (202) 663–4114.
Receipt of fax transmittals will not be
acknowledged, except that the sender
may request confirmation of receipt by
calling the Executive Secretariat staff at
(202) 921–2815 (voice) or (800) 669–
6820 (TTY).
Instructions: All comments received
must include the agency name and
docket number. Comments will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
However, the EEOC reserves the right to
refrain from posting libelous or
otherwise inappropriate comments,
including those that contain obscene,
indecent, or profane language; that
contain threats or defamatory
statements; that contain hate speech
directed at race, color, religion, sex,
national origin, age, disability, or
genetic information; or that promote or
endorse services or products.
Copies of comments received in
response to this notice are also available
for review at the Commission’s library
by appointment only at 131 M Street
NE, Suite 4NW08R, Washington, DC
20507. Members of the public may
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SUMMARY:
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schedule an appointment by emailing
OEDA@eeoc.gov.
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
at (202) 921–3191 (voice), (800) 669–
6820 (TTY), or (844) 234–5122 (ASL
Video Phone).
SUPPLEMENTARY INFORMATION: Since
1967, the EEOC has required EEO–3
filers to submit workforce demographic
data. Every labor organization subject to
Title VII of the Civil Rights Act of 1964,
as amended (Title VII) 1 is required to
file the EEO–3 report, provided it has
100 or more members at any time during
the 12 months preceding the due date of
the report and is a ‘‘local union’’ (as that
term is commonly understood) or an
independent or unaffiliated union.
Labor organizations required to report
are those which perform, in a specific
jurisdiction, the functions ordinarily
performed by a local union, whether or
not they are so designated.
Pursuant to the PRA and OMB
regulations found at 5 CFR 1320.8(d)(1),
the Commission solicits public
comment on its intent to seek a threeyear approval of revisions to the
currently approved EEO–3 to: (1)
Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
Commission’s functions, including
whether the information will have
practical utility; (2) Evaluate the
accuracy of the Commission’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and (4) Minimize the burden
of the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
Based on data from the most recent
EEO–3 data collection reporting year
(i.e., 2022), as well as ongoing updates
by the EEOC to the EEO–3 frame (i.e.,
filer roster or master list), the EEOC
anticipates the total number of filers
1 42
PO 00000
U.S.C. 2000e, et seq.
Frm 00047
Fmt 4703
Sfmt 4703
submitting an EEO–3 report may
increase to 5,999 per biennial collection.
Accordingly, the burden estimates in
this Notice are based on this revised
estimate of the number of filers.
Overview of Information Collection
Collection Title: Local Union Report
(EEO–3).
OMB Number: 3046–0006.
Frequency of Report: Biennial.
Type of Respondent: Labor
organizations with 100 or more
members 2 that are local unions or
independent or unaffiliated unions and
meet certain criteria.
Description of Affected Public: Labor
organizations with 100 or more
members 3 that are local unions or
independent or unaffiliated unions and
meet certain criteria.
Reporting Hours: 8,922 per biennial
collection.
Respondent Burden Hour Cost:
$359,091 per biennial collection.
Federal Cost: $378,002 per biennial
collection.
Number of Filers: 5,999 per biennial
collection.4
Number of Responses: 5,999 per
biennial collection.
Number of Forms: 1.
Form Number: EEOC Form 274.
Abstract: Section 709(c) of Title VII
requires labor organizations 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.5 Pursuant to this statutory
authority, the EEOC issued regulations
prescribing the reporting and related
record retention requirements for labor
organizations.6 The regulations require
every local union to retain the most
recent report filed, to make records
necessary for completion of the EEO–3
and preserve them for a year (or if a
charge of discrimination is filed,
relevant records must be retained until
final disposition of the matter). These
recordkeeping requirements are part of
2 Labor organizations required to report are those
which perform, in a specific jurisdiction, the
functions ordinarily performed by a local union,
whether or not they are so designated.
3 Labor organizations required to report are those
which perform, in a specific jurisdiction, the
functions ordinarily performed by a local union,
whether or not they are so designated.
4 This figure is based on the expanded frame of
potentially eligible respondents and the response
rate for the most recently completed EEO–3 data
collection (2022 EEO–3 data collection).
5 42 U.S.C. 2000e–8(c).
6 The EEOC’s EEO–3 regulation is at 29 CFR part
1602 Subparts F and G. The EEOC is responsible
for obtaining OMB’s PRA approval for the EEO–3
report.
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices
66715
standard administrative practices, and
as a result, the EEOC believes that any
impact on burden would be negligible
and nearly impossible to quantify.
Additionally, the regulations require
labor organizations with 100 or more
members at any time during the 12
months preceding the due date of the
report, and that are a ‘‘local union’’ (as
that term is commonly understood) 7 or
are independent or unaffiliated unions
to file executed copies of the EEO–3 in
conformity with the directions set forth
in the form and accompanying
instructions. Under this authority, such
unions are required to report
biennially 8 the number of their
members and applicants for
membership by sex and race or
ethnicity.
Please note that on March 28, 2024,
OMB published revisions, the first since
1997, to its Statistical Policy Directive
No. 15: Standards for Maintaining,
Collecting, and Presenting Federal Data
on Race and Ethnicity.’’ See https://
spd15revision.gov/. The revisions
include, for example, using a single
combined race and ethnicity question
and adding Middle Eastern or North
African (MENA) as a new minimum
reporting category. Federal agencies,
including the EEOC, are required to
bring their data collections into
compliance with these standards by
March 28, 2029. Because the EEOC’s
current EEO–3 PRA clearance expires
January 31, 2025, the agency is not
proposing updates to its collection of
race and ethnicity data under this
Notice in order to provide filers with
sufficient notice of the revised standards
and to give the EEOC sufficient time to
implement the revisions across its EEO
collections.
These data are currently collected
electronically by the EEOC through a
web-based data collection application
(i.e., portal) referred to as the EEO–3
Online Filing System (OFS).9 Filers
must submit their data electronically to
the web-based portal. The individual
EEO–3 reports are confidential.10 EEO–
3 data are used by the EEOC to
investigate charges of employment
discrimination against local unions and
to publish periodic reports on workforce
demographics.11
Burden Statement: The EEOC’s Office
of Enterprise Data and Analytics
(OEDA) administers the agency’s data
collections, including the EEO–3. Since
OEDA’s creation in 2018, the EEOC has
undertaken several efforts to modernize
the agency’s data collections and
improve the quality of data collected.
OEDA also has streamlined functions,
such as providing additional self-service
options, resource materials, and an
online support message center.
As part of these ongoing
modernization efforts, and in response
to a recent GAO report 12 which
recommended that the EEOC improve
its approach to routinely identify local
unions required to file the EEO–3
report, OEDA has undertaken measures
to enhance the agency’s EEO–3 data
frame of potentially eligible filers.
Additionally, OEDA has identified
changes that make the EEO–3 filing
process more user-friendly and less
burdensome. By comparing the EEOC’s
2022 EEO–3 frame to a list of active
unions from the U.S. Department of
Labor’s Office of Labor Management
Standards (OLMS) Online Public
Disclosure Room (OPDR) database,13
OEDA identified more than 5,000 local
unions that may be eligible to file
during the next biennial data collection.
With the addition of these unions to the
EEO–3 frame and considering response
rates during the 2022 EEO–3 data
collection, OEDA now estimates 5,999
potential respondents to the agency’s
next EEO–3 data collection.14
The EEOC has also updated its
methodology for calculating the biennial
burden of the EEO–3 to better reflect the
types of personnel responsible for
preparing and filing these reports on
behalf of their unions. Based upon job
titles provided during the 2022 EEO–3
data collection by individuals
completing the report within the EEO–
3 OFS, the EEOC has identified four
specific job categories which account for
the largest amount of time spent
biennially on EEO–3 reporting. These
job categories include: (1) Secretaries
and Administrative Assistants; (2)
Administrative Services and Facilities
Managers; (3) Bookkeeping, Accounting,
and Auditing Clerks; and (4) ExecutiveLevel Staff.15
Additionally, the EEO–3 OFS captures
detailed information on when each filer
starts and certifies their report. The
EEOC used this information from the
most recent EEO–3 data collection (i.e.,
2022) to calculate more precise burden
hour estimates.16 In table 1 below, the
estimated average hour burden per
report is 1.49 hours. The total estimated
biennial respondent burden for all filers
is 8,922 hours. The estimated average
burden hour cost per report is $59.90,
and the estimated total burden hour cost
for all filers per biennial collection is
$359,091.
7 Labor organizations required to report are those
which perform, in a specific jurisdiction, the
functions ordinarily performed by a local union,
whether or not they are so designated.
8 Beginning in 1986, the EEO–3 report has been
collected biennially in even-numbered years. Prior
to 1986, the EEO–3 report was collected annually.
9 EEO–3 filers may access the EEO–3 OFS through
the EEOC’s dedicated EEO–3 website at
www.eeocdata.org/eeo3.
10 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–3
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 member’s personal information.
With respect to other federal agencies with a
legitimate law enforcement purpose, the EEOC
gives access to information collected under Title VII
only if the agencies agree in writing 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–3 data with 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–3 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.
11 Any reports the EEOC publishes based on EEO–
3 data include only aggregated EEO–3 data that
protect the confidentiality of each union’s
information, as well as the privacy of each
member’s personal information.
12 U.S. Government Accountability Office,
‘‘Workforce Diversity: Hispanic Workers Are
Underrepresented in the Media, and More Data Are
Needed for Federal Enforcement Efforts’’,
Government Accountability Office, Sept. 29, 2022,
https://www.gao.gov/products/gao-22-104669.
13 The OPDR database contains information on
approximately 20,000 unions in the United States.
See https://olmsapps.dol.gov/olpdr/.
14 This estimate covers local unions within the 50
United States and the District of Columbia as well
as the Commonwealth of Puerto Rico, the U.S.
Virgin Islands, and the U.S. Possessions of
American Samoa, Guam, Northern Mariana Islands,
and Wake Island. Please note that 5,999
respondents may ultimately turn out to be an
overestimate. Following the initial enhancement of
the EEO–3 frame, collection data may yield an
unknown number of ineligible filers.
15 Hourly wage rates for these four job categories
were obtained from the U.S. Department of Labor’s
Bureau of Labor Statistics (BLS) Occupational
Outlook Handbook. See https://www.bls.gov/ooh/.
Please note that the actual job titles reported during
the 2022 EEO–3 data collection were collapsed into
these four BLS occupational categories.
16 The time estimates are based on the average
time elapsed among filers who completed their
reports during the same calendar day within the
EEO–3 OFS.
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Federal Register / Vol. 89, No. 159 / Friday, August 16, 2024 / Notices
TABLE 1—PROJECTED BURDEN FOR EACH EEO–3 BIENNIAL REPORTING YEAR (N = 5,999)
Staff job category
Percent in job
category
(%)
Median hourly
wage rate
21.4
$21.19
0.33
$6.99
1,958
$41,490
Hours per
report
Cost per
report
Total burden
hours
Total burden
hour cost
Secretaries and Administrative Assistants
Administrative Services and Facilities
Managers ..............................................
Bookkeeping, Accounting, and Auditing
Clerks ...................................................
Executive-Level Staff ...............................
Other a ......................................................
56.5
48.98
0.84
41.14
5,046
247,153
5.1
4.4
12.6
22.05
48.12
40.56
0.09
0.06
0.17
1.98
2.89
6.90
546
365
1,007
12,039
17,564
40,845
Total b ................................................
........................
........................
1.49
59.90
8,922
359,091
a The average hourly wage rate for the ‘‘Other’’ category was derived by taking the weighted mean average of the hourly wage rates of the
four BLS job categories listed in the above table.
b These estimates are based upon filers’ use of the EEO–3 OFS to submit reports electronically because paper submissions are no longer accepted. Electronic filing remains the most efficient, accurate, and secure means of reporting for respondents required to submit EEO–3 data.
Dated: August 12, 2024.
For the Commission,
Charlotte A. Burrows,
Chair.
[FR Doc. 2024–18420 Filed 8–15–24; 8:45 am]
BILLING CODE 6570–01–P
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Agency Information Collection
Activities: Existing Collection
Equal Employment
Opportunity Commission.
ACTION: Notice of information
collection—proposed revision of
Elementary-Secondary Staff Information
Report (EEO–5).
AGENCY:
In accordance with the
Paperwork Reduction Act (PRA), the
Equal Employment Opportunity
Commission (EEOC or Commission)
announces that it intends to submit to
the Office of Management and Budget
(OMB) a request for a three-year PRA
approval of revisions to the currently
approved Elementary-Secondary Staff
Information Report (EEO–5).
DATES: Written comments on this notice
must be submitted on or before October
15, 2024.
ADDRESSES: You may submit comments
by any of the following methods—
please use only one method:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions on the website for
submitting comments.
Mail: Comments may be submitted by
mail to Raymond Windmiller, Executive
Officer, Executive Secretariat, Equal
Employment Opportunity Commission,
131 M Street NE, Washington, DC
20507.
Fax: Comments totaling six or fewer
pages can be faxed to (202) 663–4114.
Receipt of fax transmittals will not be
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:33 Aug 15, 2024
Jkt 262001
acknowledged, except that the sender
may request confirmation of receipt by
calling the Executive Secretariat staff at
(202) 921–2815 (voice) or (800) 669–
6820 (TTY).
Instructions: All comments received
must include the agency name and
docket number. Comments will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
However, the EEOC reserves the right to
refrain from posting libelous or
otherwise inappropriate comments,
including those that contain obscene,
indecent, or profane language; that
contain threats or defamatory
statements; that contain hate speech
directed at race, color, religion, sex,
national origin, age, disability, or
genetic information; or that promote or
endorse services or products.
Copies of comments received in
response to this notice are also available
for review at the Commission’s library
by appointment only at 131 M Street
NE, Suite 4NW08R, Washington, DC
20507. Members of the public may
schedule an appointment by emailing
OEDA@eeoc.gov.
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
at (202) 921–3191 (voice), (800) 669–
6820 (TTY), or (844) 234–5122 (ASL
Video Phone).
SUPPLEMENTARY INFORMATION: Since
1973, the EEOC has required EEO–5
filers to submit workforce demographic
data. All public elementary and
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
secondary school systems and districts
that are covered by Title VII of the Civil
Rights Act of 1964, as amended (Title
VII) 1 and that have 100 or more
employees are required to file the
workforce demographic data.
Pursuant to the PRA and OMB
regulations found at 5 CFR 1320.8(d)(1),
the Commission solicits public
comment on its intent to seek a threeyear approval of revisions to the
currently approved EEO–5 to: (1)
Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
Commission’s functions, including
whether the information will have
practical utility; (2) Evaluate the
accuracy of the Commission’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and (4) Minimize the burden
of the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
Based on data from the most recent
EEO–5 data collection reporting year
(i.e., 2022), as well as ongoing updates
by the EEOC to the EEO–5 frame (i.e.,
filer roster or master list), the EEOC
anticipates the total number of filers
submitting an EEO–5 report may
increase to 10,500 per biennial
collection. Accordingly, the burden
estimates in this Notice are based on
this revised estimate of the number of
filers.
1 42
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U.S.C. 2000e, et seq.
16AUN1
]]>Agencies
[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Notices]
[Pages 66714-66716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18420]
[[Page 66714]]
=======================================================================
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Existing Collection
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice of information collection--proposed revision of Local
Union Report (EEO-3).
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act (PRA), the
Equal Employment Opportunity Commission (EEOC or Commission) announces
that it intends to submit to the Office of Management and Budget (OMB)
a request for a three-year PRA approval of revisions to the currently
approved Local Union Report (EEO-3).
DATES: Written comments on this notice must be submitted on or before
October 15, 2024.
ADDRESSES: You may submit comments by any of the following methods--
please use only one method:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions on the website for submitting comments.
Mail: Comments may be submitted by mail to Raymond Windmiller,
Executive Officer, Executive Secretariat, Equal Employment Opportunity
Commission, 131 M Street NE, Washington, DC 20507.
Fax: Comments totaling six or fewer pages can be faxed to (202)
663-4114. Receipt of fax transmittals will not be acknowledged, except
that the sender may request confirmation of receipt by calling the
Executive Secretariat staff at (202) 921-2815 (voice) or (800) 669-6820
(TTY).
Instructions: All comments received must include the agency name
and docket number. Comments will be posted without change to https://www.regulations.gov, including any personal information provided.
However, the EEOC reserves the right to refrain from posting libelous
or otherwise inappropriate comments, including those that contain
obscene, indecent, or profane language; that contain threats or
defamatory statements; that contain hate speech directed at race,
color, religion, sex, national origin, age, disability, or genetic
information; or that promote or endorse services or products.
Copies of comments received in response to this notice are also
available for review at the Commission's library by appointment only at
131 M Street NE, Suite 4NW08R, Washington, DC 20507. Members of the
public may schedule an appointment by emailing [email protected].
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 at (202) 921-3191 (voice), (800)
669-6820 (TTY), or (844) 234-5122 (ASL Video Phone).
SUPPLEMENTARY INFORMATION: Since 1967, the EEOC has required EEO-3
filers to submit workforce demographic data. Every labor organization
subject to Title VII of the Civil Rights Act of 1964, as amended (Title
VII) \1\ is required to file the EEO-3 report, provided it has 100 or
more members at any time during the 12 months preceding the due date of
the report and is a ``local union'' (as that term is commonly
understood) or an independent or unaffiliated union. Labor
organizations required to report are those which perform, in a specific
jurisdiction, the functions ordinarily performed by a local union,
whether or not they are so designated.
---------------------------------------------------------------------------
\1\ 42 U.S.C. 2000e, et seq.
---------------------------------------------------------------------------
Pursuant to the PRA and OMB regulations found at 5 CFR
1320.8(d)(1), the Commission solicits public comment on its intent to
seek a three-year approval of revisions to the currently approved EEO-3
to: (1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the Commission's functions,
including whether the information will have practical utility; (2)
Evaluate the accuracy of the Commission's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) Enhance the quality, utility, and
clarity of the information to be collected; and (4) Minimize the burden
of the collection of information on those who are to respond, including
the use of appropriate automated, electronic, mechanical, or other
technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
Based on data from the most recent EEO-3 data collection reporting
year (i.e., 2022), as well as ongoing updates by the EEOC to the EEO-3
frame (i.e., filer roster or master list), the EEOC anticipates the
total number of filers submitting an EEO-3 report may increase to 5,999
per biennial collection. Accordingly, the burden estimates in this
Notice are based on this revised estimate of the number of filers.
Overview of Information Collection
Collection Title: Local Union Report (EEO-3).
OMB Number: 3046-0006.
Frequency of Report: Biennial.
Type of Respondent: Labor organizations with 100 or more members
\2\ that are local unions or independent or unaffiliated unions and
meet certain criteria.
---------------------------------------------------------------------------
\2\ Labor organizations required to report are those which
perform, in a specific jurisdiction, the functions ordinarily
performed by a local union, whether or not they are so designated.
---------------------------------------------------------------------------
Description of Affected Public: Labor organizations with 100 or
more members \3\ that are local unions or independent or unaffiliated
unions and meet certain criteria.
---------------------------------------------------------------------------
\3\ Labor organizations required to report are those which
perform, in a specific jurisdiction, the functions ordinarily
performed by a local union, whether or not they are so designated.
---------------------------------------------------------------------------
Reporting Hours: 8,922 per biennial collection.
Respondent Burden Hour Cost: $359,091 per biennial collection.
Federal Cost: $378,002 per biennial collection.
Number of Filers: 5,999 per biennial collection.\4\
---------------------------------------------------------------------------
\4\ This figure is based on the expanded frame of potentially
eligible respondents and the response rate for the most recently
completed EEO-3 data collection (2022 EEO-3 data collection).
---------------------------------------------------------------------------
Number of Responses: 5,999 per biennial collection.
Number of Forms: 1.
Form Number: EEOC Form 274.
Abstract: Section 709(c) of Title VII requires labor organizations
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.\5\ Pursuant to this statutory
authority, the EEOC issued regulations prescribing the reporting and
related record retention requirements for labor organizations.\6\ The
regulations require every local union to retain the most recent report
filed, to make records necessary for completion of the EEO-3 and
preserve them for a year (or if a charge of discrimination is filed,
relevant records must be retained until final disposition of the
matter). These recordkeeping requirements are part of
[[Page 66715]]
standard administrative practices, and as a result, the EEOC believes
that any impact on burden would be negligible and nearly impossible to
quantify. Additionally, the regulations require labor organizations
with 100 or more members at any time during the 12 months preceding the
due date of the report, and that are a ``local union'' (as that term is
commonly understood) \7\ or are independent or unaffiliated unions to
file executed copies of the EEO-3 in conformity with the directions set
forth in the form and accompanying instructions. Under this authority,
such unions are required to report biennially \8\ the number of their
members and applicants for membership by sex and race or ethnicity.
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\5\ 42 U.S.C. 2000e-8(c).
\6\ The EEOC's EEO-3 regulation is at 29 CFR part 1602 Subparts
F and G. The EEOC is responsible for obtaining OMB's PRA approval
for the EEO-3 report.
\7\ Labor organizations required to report are those which
perform, in a specific jurisdiction, the functions ordinarily
performed by a local union, whether or not they are so designated.
\8\ Beginning in 1986, the EEO-3 report has been collected
biennially in even-numbered years. Prior to 1986, the EEO-3 report
was collected annually.
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Please note that on March 28, 2024, OMB published revisions, the
first since 1997, to its Statistical Policy Directive No. 15: Standards
for Maintaining, Collecting, and Presenting Federal Data on Race and
Ethnicity.'' See https://spd15revision.gov/. The revisions include, for
example, using a single combined race and ethnicity question and adding
Middle Eastern or North African (MENA) as a new minimum reporting
category. Federal agencies, including the EEOC, are required to bring
their data collections into compliance with these standards by March
28, 2029. Because the EEOC's current EEO-3 PRA clearance expires
January 31, 2025, the agency is not proposing updates to its collection
of race and ethnicity data under this Notice in order to provide filers
with sufficient notice of the revised standards and to give the EEOC
sufficient time to implement the revisions across its EEO collections.
These data are currently collected electronically by the EEOC
through a web-based data collection application (i.e., portal) referred
to as the EEO-3 Online Filing System (OFS).\9\ Filers must submit their
data electronically to the web-based portal. The individual EEO-3
reports are confidential.\10\ EEO-3 data are used by the EEOC to
investigate charges of employment discrimination against local unions
and to publish periodic reports on workforce demographics.\11\
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\9\ EEO-3 filers may access the EEO-3 OFS through the EEOC's
dedicated EEO-3 website at www.eeocdata.org/eeo3.
\10\ 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-
3 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 member's personal
information. With respect to other federal agencies with a
legitimate law enforcement purpose, the EEOC gives access to
information collected under Title VII only if the agencies agree in
writing 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-3 data with 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-3 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.
\11\ Any reports the EEOC publishes based on EEO-3 data include
only aggregated EEO-3 data that protect the confidentiality of each
union's information, as well as the privacy of each member's
personal information.
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Burden Statement: The EEOC's Office of Enterprise Data and
Analytics (OEDA) administers the agency's data collections, including
the EEO-3. Since OEDA's creation in 2018, the EEOC has undertaken
several efforts to modernize the agency's data collections and improve
the quality of data collected. OEDA also has streamlined functions,
such as providing additional self-service options, resource materials,
and an online support message center.
As part of these ongoing modernization efforts, and in response to
a recent GAO report \12\ which recommended that the EEOC improve its
approach to routinely identify local unions required to file the EEO-3
report, OEDA has undertaken measures to enhance the agency's EEO-3 data
frame of potentially eligible filers. Additionally, OEDA has identified
changes that make the EEO-3 filing process more user-friendly and less
burdensome. By comparing the EEOC's 2022 EEO-3 frame to a list of
active unions from the U.S. Department of Labor's Office of Labor
Management Standards (OLMS) Online Public Disclosure Room (OPDR)
database,\13\ OEDA identified more than 5,000 local unions that may be
eligible to file during the next biennial data collection. With the
addition of these unions to the EEO-3 frame and considering response
rates during the 2022 EEO-3 data collection, OEDA now estimates 5,999
potential respondents to the agency's next EEO-3 data collection.\14\
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\12\ U.S. Government Accountability Office, ``Workforce
Diversity: Hispanic Workers Are Underrepresented in the Media, and
More Data Are Needed for Federal Enforcement Efforts'', Government
Accountability Office, Sept. 29, 2022, https://www.gao.gov/products/gao-22-104669.
\13\ The OPDR database contains information on approximately
20,000 unions in the United States. See https://olmsapps.dol.gov/olpdr/.
\14\ This estimate covers local unions within the 50 United
States and the District of Columbia as well as the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, and the U.S. Possessions of
American Samoa, Guam, Northern Mariana Islands, and Wake Island.
Please note that 5,999 respondents may ultimately turn out to be an
overestimate. Following the initial enhancement of the EEO-3 frame,
collection data may yield an unknown number of ineligible filers.
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The EEOC has also updated its methodology for calculating the
biennial burden of the EEO-3 to better reflect the types of personnel
responsible for preparing and filing these reports on behalf of their
unions. Based upon job titles provided during the 2022 EEO-3 data
collection by individuals completing the report within the EEO-3 OFS,
the EEOC has identified four specific job categories which account for
the largest amount of time spent biennially on EEO-3 reporting. These
job categories include: (1) Secretaries and Administrative Assistants;
(2) Administrative Services and Facilities Managers; (3) Bookkeeping,
Accounting, and Auditing Clerks; and (4) Executive-Level Staff.\15\
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\15\ Hourly wage rates for these four job categories were
obtained from the U.S. Department of Labor's Bureau of Labor
Statistics (BLS) Occupational Outlook Handbook. See https://www.bls.gov/ooh/. Please note that the actual job titles reported
during the 2022 EEO-3 data collection were collapsed into these four
BLS occupational categories.
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Additionally, the EEO-3 OFS captures detailed information on when
each filer starts and certifies their report. The EEOC used this
information from the most recent EEO-3 data collection (i.e., 2022) to
calculate more precise burden hour estimates.\16\ In table 1 below, the
estimated average hour burden per report is 1.49 hours. The total
estimated biennial respondent burden for all filers is 8,922 hours. The
estimated average burden hour cost per report is $59.90, and the
estimated total burden hour cost for all filers per biennial collection
is $359,091.
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\16\ The time estimates are based on the average time elapsed
among filers who completed their reports during the same calendar
day within the EEO-3 OFS.
[[Page 66716]]
Table 1--Projected Burden for Each EEO-3 Biennial Reporting Year (N = 5,999)
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Percent in job Median hourly Hours per Cost per Total burden Total burden
Staff job category category (%) wage rate report report hours hour cost
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Secretaries and Administrative Assistants............... 21.4 $21.19 0.33 $6.99 1,958 $41,490
Administrative Services and Facilities Managers......... 56.5 48.98 0.84 41.14 5,046 247,153
Bookkeeping, Accounting, and Auditing Clerks............ 5.1 22.05 0.09 1.98 546 12,039
Executive-Level Staff................................... 4.4 48.12 0.06 2.89 365 17,564
Other \a\............................................... 12.6 40.56 0.17 6.90 1,007 40,845
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Total \b\........................................... .............. .............. 1.49 59.90 8,922 359,091
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\a\ The average hourly wage rate for the ``Other'' category was derived by taking the weighted mean average of the hourly wage rates of the four BLS job
categories listed in the above table.
\b\ These estimates are based upon filers' use of the EEO-3 OFS to submit reports electronically because paper submissions are no longer accepted.
Electronic filing remains the most efficient, accurate, and secure means of reporting for respondents required to submit EEO-3 data.
Dated: August 12, 2024.
For the Commission,
Charlotte A. Burrows,
Chair.
[FR Doc. 2024-18420 Filed 8-15-24; 8:45 am]
BILLING CODE 6570-01-P
