Agency Information Collection Activities: Existing Collection, 96968-96970 [2024-28579]
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Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Notices
TABLE 1—PROJECTED BURDEN FOR EACH EEO–5 BIENNIAL REPORTING YEAR
[N=10,500]
Percent in job
category
Median hourly
wage rate
Human Resource Specialists ...................
Executive-Level Staff ...............................
Secretaries and Administrative Assistants
Bookkeeping, Accounting, and Auditing
Clerks ...................................................
Administrative Services and Facilities
Managers ..............................................
Database Administrators and Architects
Other a ......................................................
39.1
15.9
14.1
$30.88
48.12
21.19
1.9
1.7
1.8
7,807
2,829
2,674
$58.67
81.80
38.14
$241,078.65
136,153.91
56,659.49
14.0
22.05
1.3
1,904
28.67
41,993.03
7.7
3.0
6.1
48.98
53.91
37.52
1.4
1.3
1.8
1,137
414
1,161
68.57
70.08
67.54
55,707.84
22,301.40
43,577.97
Average .............................................
Total b .........................................
........................
100.0
........................
........................
1.7
........................
........................
17,927
56.90
........................
........................
597,472.29
Staff job category
Hours per
report
Total burden
hours
Cost per
report
Total burden
hour cost
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 six
BLS job categories listed in the above table.
b These estimates are based upon filers’ use of the EEO–5 Online Filing System (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–5 data.
Dated: December 2, 2024.
For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2024–28581 Filed 12–5–24; 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 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 has submitted 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 January
6, 2025.
ADDRESSES: Written comments should
be sent within 30 days of publication of
this final notice to www.reginfo.gov/
public/do/PRAMain. Find this
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
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SUMMARY:
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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: A notice
that the EEOC would be submitting this
request was published in the Federal
Register on August 16, 2024, allowing
for a 60-day public comment period,
which ended on October 15, 2024.1 The
EEOC received one non-substantive
comment during the public comment
period, which was published on the
www.regulations.gov website.2
I. Background
A. The EEO–3 Report
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) 3 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
1 See Notice of Information Collection 89 FR
66714 (Aug. 16, 2024) at https://
www.federalregister.gov/documents/2024/08/16/
2024-18420/agency-information-collectionactivities-existing-collection.
2 Available at https://www.regulations.gov/
document/EEOC-2024-0006-0002.
3 42 U.S.C. 2000e, et seq.
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jurisdiction, the functions ordinarily
performed by a local union, whether or
not they are so designated.
B. The 60-Day Notice: Request for
Three-Year PRA Approval of Revisions
to the EEO–3
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 August 16,
2024, soliciting public comments during
a 60-day period (‘‘60-day Notice’’) on
the Commission’s intent to seek threeyear OMB approval of revisions to the
currently approved EEO–3. In
particular, in its 60-day Notice, the
EEOC sought comments 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). The
60-day Notice comment period ended
on October 15, 2024.
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
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Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Notices
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.
II. The Public Comments on the 60-Day
Notice
The 60-day Notice was published in
the Federal Register on August 16,
2024.4 The EEOC received one nonsubstantive comment during the public
comment period, which was published
on the www.regulations.gov website.5
III. Commission Decisions and Final
EEOC Proposals to OMB
The EEOC Will Seek Three-Year
Approval of Revisions to the Currently
Approved EEO–3 Local Union Report
After evaluating the one nonsubstantive comment received from the
public during the 60-day comment
period, the Commission has decided it
will seek a three-year approval by OMB
of revisions to the EEO–3 Local Union
Report as described in this Notice.
IV. Formal Paperwork Reduction Act
Statement
A. Overview of Information Collection
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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 6 that are local unions or
independent or unaffiliated unions and
meet certain criteria.
Description of Affected Public: Labor
organizations with 100 or more
members 7 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.8
4 Available at https://www.federalregister.gov/
documents/2024/08/16/2024-18420/agencyinformation-collection-activities-existing-collection.
5 Available at https://www.regulations.gov/
document/EEOC-2024-0006-0002.
6 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.
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 This figure is based on the expanded frame of
potentially eligible respondents and the response
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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.9 Pursuant to this statutory
authority, the EEOC issued regulations
prescribing the reporting and related
record retention requirements for labor
organizations.10 The regulations require
every local union to retain the most
recent report filed, to make records
necessary for completion of the EEO–3,
and to 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
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) 11 or
are independent or unaffiliated unions,
to file executed copies of the EEO–3
report in conformity with the directions
set forth in the form and accompanying
instructions. Under this authority, such
unions are required to report
biennially 12 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
rate for the most recently completed EEO–3 data
collection (the 2022 EEO–3 data collection).
9 42 U.S.C. 2000e–8(c).
10 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.
11 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.
12 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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96969
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).13 Filers
must submit their data electronically to
the web-based portal. The individual
EEO–3 reports are confidential.14 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.15
B. Burden Statement
The EEOC’s Office of Enterprise Data
and Analytics (OEDA) administers the
13 EEO–3 filers may access the OFS through the
EEOC’s dedicated EEO–3 website at
www.eeocdata.org/eeo3.
14 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) of title VII (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.
15 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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Federal Register / Vol. 89, No. 235 / Friday, December 6, 2024 / Notices
agency’s data collections, including the
EEO–3 data collection. 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 16 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 frame
(i.e., filer roster or master list) of
potentially eligible filers. 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
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.19
Additionally, the 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.20 As shown 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.
Management Standards (OLMS) Online
Public Disclosure Room (OPDR)
database,17 OEDA identified more than
5,000 local unions that may be eligible
to file during the next biennial EEO–3
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.18
The EEOC has also updated its
methodology for calculating the biennial
burden of the EEO–3 data collection 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 OFS, the EEOC has identified
four specific job categories that account
TABLE 1—PROJECTED BURDEN FOR EACH EEO–3 BIENNIAL REPORTING YEAR
[N = 5,999]
Percent in job
category
Median hourly
wage rate
Secretaries and Administrative Assistants ................................
Administrative Services and Facilities Managers .....................
Bookkeeping, Accounting, and Auditing Clerks ........................
Executive-Level Staff ................................................................
Other a .......................................................................................
21.4
56.5
5.1
4.4
12.6
$21.19
48.98
22.05
48.12
40.56
0.33
0.84
0.09
0.06
0.17
$6.99
41.14
1.98
2.89
6.90
1,958
5,046
546
365
1,007
$41,490
247,153
12,039
17,564
40,845
Total b .................................................................................
........................
........................
1.49
59.90
8,922
359,091
Staff job category
Hours per
report
Cost per
report
Total burden
hours
Total burden
hour cost
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 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: December 2, 2024.
For the Commission.
Charlotte A. Burrows,
Chair.
CONTACT PERSON FOR MORE INFORMATION:
The
following matters will be considered:
Secretary to the Board.
If you need more information or
assistance for accessibility reasons, or
have questions, contact Ashley
Waldron, Secretary to the Board.
Telephone: 703–883–4009. TTY: 703–
STATUS: This meeting will be open to the 883–4056.
public.
Ashley Waldron,
[FR Doc. 2024–28579 Filed 12–5–24; 8:45 am]
BILLING CODE 6570–01–P
FARM CREDIT ADMINISTRATION
MATTERS TO BE CONSIDERED:
Sunshine Act Meetings
10 a.m., Thursday,
December 12, 2024.
PLACE: You may observe this meeting in
person at 1501 Farm Credit Drive,
McLean, Virginia 22102–5090, or
virtually. If you would like to observe,
• Approval of Minutes for November
14, 2024
• Quarterly Report on Economic
Conditions and Farm Credit System
Condition and Performance
• Semiannual Report on Office of
Examination Operations
16 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.
17 The OPDR database contains information on
approximately 20,000 unions in the United States.
See https://olmsapps.dol.gov/olpdr/.
18 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.
19 Hourly wage rates for these four job categories
were obtained from the U.S. Department of Labor’s
Bureau of Labor Statistics (BLS) Occupational
TIME AND DATE:
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at least 24 hours in advance, visit
FCA.gov, select ‘‘Newsroom,’’ then
select ‘‘Events.’’ From there, access the
linked ‘‘Instructions for board meeting
visitors’’ and complete the described
registration process.
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[FR Doc. 2024–28775 Filed 12–4–24; 11:15 am]
BILLING CODE 6705–01–P
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.
20 The time estimates are based on the average
time elapsed among filers who completed their
reports during the same calendar day within the
OFS.
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]]>Agencies
[Federal Register Volume 89, Number 235 (Friday, December 6, 2024)]
[Notices]
[Pages 96968-96970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28579]
-----------------------------------------------------------------------
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 has submitted 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
January 6, 2025.
ADDRESSES: Written comments should be sent within 30 days of
publication of this final notice to www.reginfo.gov/public/do/PRAMain.
Find this 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 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 August 16, 2024,
allowing for a 60-day public comment period, which ended on October 15,
2024.\1\ The EEOC received one non-substantive comment during the
public comment period, which was published on the www.regulations.gov
website.\2\
---------------------------------------------------------------------------
\1\ See Notice of Information Collection 89 FR 66714 (Aug. 16,
2024) at https://www.federalregister.gov/documents/2024/08/16/2024-18420/agency-information-collection-activities-existing-collection.
\2\ Available at https://www.regulations.gov/document/EEOC-2024-0006-0002.
---------------------------------------------------------------------------
I. Background
A. The EEO-3 Report
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) \3\ 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.
---------------------------------------------------------------------------
\3\ 42 U.S.C. 2000e, et seq.
---------------------------------------------------------------------------
B. The 60-Day Notice: Request for Three-Year PRA Approval of Revisions
to the EEO-3
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 August 16, 2024, soliciting public comments during a 60-day period
(``60-day Notice'') on the Commission's intent to seek three-year OMB
approval of revisions to the currently approved EEO-3. In particular,
in its 60-day Notice, the EEOC sought comments 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). The 60-day Notice
comment period ended on October 15, 2024.
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
[[Page 96969]]
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.
II. The Public Comments on the 60-Day Notice
The 60-day Notice was published in the Federal Register on August
16, 2024.\4\ The EEOC received one non-substantive comment during the
public comment period, which was published on the www.regulations.gov
website.\5\
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\4\ Available at https://www.federalregister.gov/documents/2024/08/16/2024-18420/agency-information-collection-activities-existing-collection.
\5\ Available at https://www.regulations.gov/document/EEOC-2024-0006-0002.
---------------------------------------------------------------------------
III. Commission Decisions and Final EEOC Proposals to OMB
The EEOC Will Seek Three-Year Approval of Revisions to the Currently
Approved EEO-3 Local Union Report
After evaluating the one non-substantive comment received from the
public during the 60-day comment period, the Commission has decided it
will seek a three-year approval by OMB of revisions to the EEO-3 Local
Union Report as described in this Notice.
IV. Formal Paperwork Reduction Act Statement
A. 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
\6\ that are local unions or independent or unaffiliated unions and
meet certain criteria.
---------------------------------------------------------------------------
\6\ 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 \7\ that are local unions or independent or unaffiliated
unions and meet certain criteria.
---------------------------------------------------------------------------
\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.
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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.\8\
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\8\ 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 (the 2022 EEO-3 data collection).
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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.\9\ Pursuant to this statutory
authority, the EEOC issued regulations prescribing the reporting and
related record retention requirements for labor organizations.\10\ The
regulations require every local union to retain the most recent report
filed, to make records necessary for completion of the EEO-3, and to
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 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) \11\ or are independent or unaffiliated unions, to file
executed copies of the EEO-3 report in conformity with the directions
set forth in the form and accompanying instructions. Under this
authority, such unions are required to report biennially \12\ the
number of their members and applicants for membership by sex and race
or ethnicity.
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\9\ 42 U.S.C. 2000e-8(c).
\10\ 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.
\11\ 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.
\12\ 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).\13\ Filers must submit
their data electronically to the web-based portal. The individual EEO-3
reports are confidential.\14\ 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.\15\
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\13\ EEO-3 filers may access the OFS through the EEOC's
dedicated EEO-3 website at www.eeocdata.org/eeo3.
\14\ 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) of title VII (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.
\15\ 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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B. Burden Statement
The EEOC's Office of Enterprise Data and Analytics (OEDA)
administers the
[[Page 96970]]
agency's data collections, including the EEO-3 data collection. 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 \16\ 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
frame (i.e., filer roster or master list) of potentially eligible
filers. 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,\17\
OEDA identified more than 5,000 local unions that may be eligible to
file during the next biennial EEO-3 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.\18\
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\16\ 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.
\17\ The OPDR database contains information on approximately
20,000 unions in the United States. See https://olmsapps.dol.gov/olpdr/.
\18\ 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 data collection 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 OFS, the EEOC has identified four specific job categories that
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.\19\
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\19\ 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 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.\20\ As shown 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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\20\ The time estimates are based on the average time elapsed
among filers who completed their reports during the same calendar
day within the OFS.
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 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: December 2, 2024.
For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2024-28579 Filed 12-5-24; 8:45 am]
BILLING CODE 6570-01-P
