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[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Notices]
[Pages 64086-64088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26800]

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Agency Information Collection Activities: Notice of Submission 
for OMB Review; Comment Request

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice of Information Collection--Uniform Guidelines on 
Employee Selection Procedures--Extension without change.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Equal Employment Opportunity Commission gives notice that it is 
submitting the information described below to the Office of Management 
and Budget (OMB) for a three-year authorization.

DATES: Written comments on this final notice must be submitted on or 
before November 16, 2011.

ADDRESSES: The Request for Clearance (SF83-I) and supporting statement 
submitted to OMB for review may be obtained from Kathleen Oram, Senior 
Attorney, (202) 663-4681, Office of Legal Counsel, Equal Employment 
Opportunity Commission, 131 M Street, NE., Washington, DC 20507. 
Comments on this final notice must be submitted to Chad Lallemand in 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 17th Street, NW., Room 10235, New Executive Office 
Building, Washington, DC 20503 or electronically mailed to Chad_A._Lallemand@omb.eop.gov. Comments should also be sent to Stephen 
Llewellyn, Executive Officer, Executive Secretariat, Equal Employment 
Opportunity Commission, 131 M Street, NE., Washington, DC 20507. 
Written comments of six or fewer pages may be faxed to the Executive 
Secretariat at (202) 663-4114. (There is no toll free FAX number.) 
Receipt of FAX transmittals will not be acknowledged, except that the 
sender may request confirmation of receipt by calling the Executive 
Secretariat staff at

[[Page 64087]]

(202) 663-4070 (voice) or (202) 663-4074 (TTD). (These are not toll 
free numbers).
    All comments received by the EEOC will be posted without change to 
the Federal eRulemaking Portal: http://www.regulations.gov, including 
any personal information provided.
    Copies of the received comments also will be available for 
inspection in the EEOC Library, FOIA Reading Room, by advance 
appointment only, from 9 a.m. to 5 p.m., Monday through Friday, except 
legal holidays, from November 16, 2011. Persons who schedule an 
appointment in the EEOC Library, FOIA Reading Room, and need assistance 
to view the comments will be provided with appropriate aids upon 
request, such as readers or print magnifiers. To schedule an 
appointment to inspect the comments at the EEOC Library, FOIA Reading 
Room, contact the EEOC Library by calling (202) 663-4630 (voice) or 
(202) 663-4641 (TTY). (These are not toll free numbers).

FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Senior Attorney, at 
(202) 663-4681 (voice), or Thomas J. Schlageter, Assistant Legal 
Counsel, (202) 663-4668 (voice) or (202) 663-7026 (TDD).

SUPPLEMENTARY INFORMATION:

Introduction

    A notice that EEOC would be submitting this request to the Office 
of Management and budget for a three-year approval under the Paperwork 
Reduction Act (PRA) was published in the Federal Register on August 3, 
2011, allowing for a 60 day comment period. 76 FR 46805 (Aug. 3, 2011).
    EEOC received one comment in response to the August 2011 notice. 
The comment raises issues and concerns about the Uniform Guidelines on 
Employee Selection Procedures themselves and about their recordkeeping 
provisions. The comment argues that the Uniform Guidelines are merely 
advisory, not mandatory, and notes that the Department of Labor's 
Office of Contract Compliance Programs requests applicant information 
during compliance evaluations, suggesting that such requests qualify as 
a reporting requirement. The comment does not address the August 2011 
Paperwork Reduction Act notice itself or EEOC's calculations in the 
burden statement.

Overview of Collection

    Collection Title: Recordkeeping Requirements of the Uniform 
Guidelines on Employee Selection Procedures, 29 CFR part 1607, 41 CFR 
part 60-3, 28 CFR part 50, 5 CFR part 300.
    OMB Number: 3046-0017.
    Type of Respondent: Businesses or other institutions; Federal 
Government; State or local governments and farms.
    North American Industry Classification System (NAICS) Code: 
Multiple.
    Standard Industrial Classification Code (SIC): Multiple.
    Description of Affected Public: Any employer, Government 
contractor, labor organization, or employment agency covered by the 
Federal equal employment opportunity laws.
    Respondents: 899,580.
    Responses: 899,580.
    Recordkeeping Hours: 10,783,687 per year.
    Number of Forms: None.
    Form Number: None.
    Frequency of Report: None.
    Abstract: The Uniform Guidelines provide fundamental guidance for 
all Title VII-covered employers about the use of employment selection 
procedures. The records addressed by UGESP are used by respondents to 
assure that they are complying with Title VII and Executive Order 
11246; by the Federal agencies that enforce Title VII and Executive 
Order 11246 to investigate, conciliate, and litigate charges of 
employment discrimination; and by complainants to establish violations 
of Federal equal employment opportunity laws. While there is no data 
available to quantify these benefits, the collection of accurate 
applicant flow data enhances each employer's ability to address any 
deficiencies in recruitment and selection processes, including 
detecting barriers to equal employment opportunity.
    Burden Statement: There are no reporting requirements associated 
with UGESP. The burden being estimated is the cost of collecting and 
storing a job applicant's gender, race, and ethnicity data. The only 
paperwork burden derives from this recordkeeping.
    Only employers covered under Title VII and Executive Order 11246 
are subject to UGESP. For the purpose of burden calculation, employers 
with 15 or more employees are counted. The number of such employers is 
estimated at 899,580, which combines estimates from private 
employment,\1\ the public sector,\2\ colleges and universities,\3\ and 
referral unions.\4\
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    \1\ ``Employer Firms, Establishments, Employment, Annual Payroll 
and Receipts for Small Firm Size Classes, 2007 (http://www.sba.gov/advo/research/data.html#us).
    \2\ ``Government Employment & Payroll'' (statistics on number of 
federal, state, and local government civilian employees and their 
gross payrolls for March 2008); ``2008 State & Local Government'' 
(data for 50 state governments and all local governments); 
Individual Government Data File (http://www.census.gov/govs/apes/indes.html-2010). The number of government entities was adjusted to 
only include those with 15 or more employees.
    \3\ Postsecondary Institutions in the United States: Fall 2007; 
Degrees and Other Awards Conferred: 2006-07; and 12-Month 
Enrollment: 2006-07, (http://nces.ed.gov/pubsearch/pubsinfo.spp?pubid=2008159rev).
    \4\ EEO-3 Reports filed by referral unions in 2008 with EEOC.
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    This burden assessment is based on an estimate of the number of job 
applications submitted to all Title VII-covered employers in one year, 
including paper-based and electronic applications. The total number of 
job applications submitted every year to covered employers is estimated 
to be 1,294,042,500, which is based on a National Organizations Survey 
\5\ average of approximately 35 applications for every hire and a 
Bureau of Labor Statistics data estimate of 36,731,900 annual hires.\6\ 
It includes 161,300 applicants for union membership reported on the 
EEO-3 form for 2008.
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    \5\ The National Organizations Survey is a survey of business 
organizations across the United States in which the unit of analysis 
is the actual workplace, (http://www.icpsr.umich.edu/icpsrweb/ICPSR/studies/04074).
    \6\ Bureau of Labor Statistics Job Openings and Labor Turnover 
Survey-2010--(http://www.bls.gov/jlt/data.htm) adjusted to only 
include hires by firms with 15 or more employees.
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    The employer burden associated with collecting and storing 
applicant demographic data is based on the following assumptions: 
applicants would need to be asked to provide three pieces of 
information--sex, race/ethnicity, and an identification number (a total 
of approximately 13 keystrokes); the employer would need to transfer 
information received to a database either manually or electronically; 
and the employer would need to store the 13 characters of information 
for each applicant. Recordkeeping costs and burden are assumed to be 
the cost of entering 13 keystrokes.
    Assuming that the required recordkeeping takes 30 seconds per 
record, and assuming a total of 1,294,042,500 paper and electronic 
applications per year (as calculated above), the resulting UGESP burden 
hours would be 10,783,687. Based on a wage rate of $13.65 per hour for 
the individuals entering the data, the collection and storage of 
applicant demographic data would come to approximately $147,197,332 per 
year for

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Title VII-covered employers. We expect that the foregoing assumptions 
are over-inclusive, because many employers have electronic job 
application processes that should be able to capture applicant flow 
data automatically.
    While the burden hours and costs for the UGESP recordkeeping 
requirement seem very large, the average burden per employer is 
relatively small. We estimate that UGESP applies to 899,580 employers, 
approximately 822,000 of which are small firms (entities with 15-500 
employees) according to data provided by the Small Business 
Administration Office of Advocacy.\7\ If we assume that a firm with 250 
employees (in the mid-range of the 822,000 small employers) has 20 job 
openings per year and receives an average of 35 applications per job 
opening, the burden hours to collect and store applicants' sex and 
race/ethnicity data would be 5.8 hours per year, and the costs would be 
$79.11 per year. Similarly, if we assume that an employer with 1,500 
employees has 125 job openings to fill each year, and receives 35 
applications per opening, the burden hours would be 36.5 hours per year 
and the annual costs would be $498.23.
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    \7\ See Firm Size Data at http://sba.gov/advo/research/
data.htmlus.

    Dated: October 11, 2011.
Jacqueline A. Berrien,
Chair, Equal Employment Opportunity Commission.
[FR Doc. 2011-26800 Filed 10-14-11; 8:45 am]
BILLING CODE 6570-01-P
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