Employer Information Report (EEO-1)

OMB Control No: 3046-0049	ICR Reference No: 202002-3046-002
Status: Active	Previous ICR Reference No:
Agency/Subagency: EEOC	Agency Tracking No:
Title: Employer Information Report (EEO-1)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/12/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/23/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2023	36 Months From Approved
Responses	90,000	0	0
Time Burden (Hours)	9,167,393	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: EEOC regulations require private employers with 100 or more employees to collect and retain in their records demographic information about their employees, and report this information to EEOC annually. EEOC uses this information to enforce civil rights laws and shares information about federal contractors with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).

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Authorizing Statute(s): US Code: 42 USC 2000e-8(c) Name of Law: Civil Rights Act of 1964

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 48138	09/12/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 16340	03/23/2020
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Employer Information Report (EEO-1) SF 100 Employer Information Report (EEO-1)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	90,000	0	0	0	90,000	0
Annual Time Burden (Hours)	9,167,393	0	0	0	9,167,393	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: OEDA staff concluded that the 2016 methodology did not adhere to the standard approach of OMB and GAO, which was to account for the burden of filing each different type of the EEO-1 “report”. Rather, the 2016 burden methodology initially assessed employer burden entirely at the firm level, assuming that covered employers would use automated data systems to centralize EEO-1 data collection and then utilize the EEOC’s upload file function to send data to the agency. Although later acknowledging that tasks such as data entry would necessarily be performed at the establishment level, especially if a covered employer did not use the EEOC’s upload file function, the final 2016 burden methodology still asserted that “the bulk of the tasks performed in completing the EEO-1 report will be completed at the firm level due to the centrality of automation” and calculated burden at the firm level. This assumption led to the conclusion that “the total estimated annual burden hour costs for employers and contractors that will complete both Components 1 and 2 in 2017 and 2018 will be $53,546,359.08.” By contrast, the methodology used to develop the burden estimates in this 30-Day Notice returns to the approach used by the EEOC prior to 2016, which accounted for the burden of filing each different type of EEO-1 “report.” The EEO-1 Instructions direct covered employers to use different reports for different purposes, and OMB and GAO direct agencies to account for the burden of filing each different kind of report. An employer with only a single location files one EEO-1 report — a type 1 EEO-1 report — and an employer with numerous locations files a corresponding number of EEO-1 “establishment” reports, plus a headquarters report and establishment reports for each location under the umbrella of the headquarters. Accounting for the burden of filing each different type of form or report, the Commission’s September 12, 2019 60-Day Notice concluded that the burden for Components 1 and 2 of the EEO-1 was $614,391,388 in 2017 and $622,015,798 in 2018.

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Annual Cost to Federal Government: $2,000,000

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Rashida Dorsey 202 663-4355 [email protected]

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Common Form ICR:  No

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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:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(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;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
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.
Certification Date: 03/23/2020

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