Records created in the normal course of business by employers subject to Title VII and the ADA will be maintained for a period of one year to assist EEOC in assuring compliance with the Acts' nondiscrimination requirements.
Under Title VII and ADA, the requirements are limited to record retention. This requirement does not ask these respondents to provide any of these records. In order to estimate the hour burden for retaining these records we made some assumptions.
First, firms do not engage in a special process in order to meet Title VII and ADA requirements specifically. We assume that firms already have access and collect records required under Title VII and the ADA during the employment process. Additionally this information is collected automatically through electronic means or by the entries by the employees. Therefore firms with processes in place incur little or negligible cost in collecting this information. Once collected, the information is automatically retained up until the firm decides to destroy the information.
Second, newly formed firms may incur a small cost in time when installing and learning how to use their automated data collection systems. Although the information required under Title VII and ADA are collected automatically, we assume some effort and time has to be expended so that employers can familiarize themselves with the requirements of the Act and inform/train all employees who handle the data about these requirements. Once this cost is incurred, we assume that the employer will never face this cost again. We assume that 10 minutes of time would be spent for this familiarization process.
We thus calculated the annual hour burden based on the number of new firms with 15 or more employees that enter the market annually. Using 2002-2003 data from the Small Business Administration, we estimated that there are 88,025 firms that would incur costs pertaining to the Act. Assuming ten minutes of time per firm, we estimate that the total annual hour burden is 14,671.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Supporting Statement for recordkeeping under title vii and ada.doc
Recordkeeping Under Title VII and the ADA