[Federal Register: March 25, 2008 (Volume 73, Number 58)]
[Notices]
[Page 15754-15755]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr08-48]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
[OMB Number: 3046-0017]
Agency Information Collection Activities: Notice of Submission
for OMB Review; Request for Comments
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice of Information Collection--Uniform Guidelines on
Employee Selection Procedures.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Equal Employment Opportunity Commission (EEOC) gives notice of its
intent to submit to the Office of Management and Budget (OMB) a request
to approve a renewal of an information collection as described below.
DATES: Written comments on this notice must be submitted on or before
May 27, 2008.
ADDRESSES: You may submit comments by any of the following methods:
By mail to: Stephen Llewellyn, Executive Officer,
Executive Secretariat, Equal Employment Opportunity Commission, 1801 L
Street, NW., Washington, DC 20507.
By facsimile (``FAX'') machine to: (202) 663-4114. (There
is no toll free FAX number). Only comments of six or fewer pages will
be accepted via FAX transmittal, in order to assure access to the
equipment. 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) 663-4070 (voice) or (202) 663-4074
(TTY). (These are not toll free numbers).
By the Federal eRulemaking Portal: http://
www.regulations.gov. After accessing this Web site, follow its
instructions for submitting comments.
Comments need to be submitted in only one of the above-listed
formats, not all three. All comments received will be posted without
change to http://www.regulations.gov, including any personal
information you provide. 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 May 27, 2008 until the Commission publishes
the 30-day notice for this item. 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: Reed L. Russell, Legal Counsel, 1801 L
Street, NW., Washington, DC 20507; (202) 663-4638 (voice) or (202) 663-
7026 (TTY).
SUPPLEMENTARY INFORMATION:
Introduction
The Equal Employment Opportunity Commission (EEOC or Commission)
gives notice of its intent to submit the Uniform Guidelines on Employee
Selection Procedures (UGESP or Uniform Guidelines),\1\ without change,
to the Office of Management and Budget (OMB) for a three-year approval
under the Paperwork Reduction Act of 1995 (PRA). A prior PRA document
relating to the Uniform Guidelines entitled ``Agency Information
Collection Activities: Adoption of Additional Questions and Answers To
Clarify and Provide a Common Interpretation of the Uniform Guidelines
on Employee Selection Procedures as They Relate to the Internet and
Related Technologies,'' was published in the March 4, 2004 Federal
Register. 69 FR 10152. (``March 4, 2004 PRA document'').
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\1\ 29 CFR part 1607, 41 CFR part 60-3, 28 CFR part 50, 5 CFR
part 300.
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Based on the comments received to the March 4, 2004 PRA document,
the EEOC does not intend to finalize the five additional Questions and
Answers that include clarification of the definition of ``applicant.''
However, employers still must ensure that they are complying with the
requirements of UGESP.
The preamble of the March 4, 2004 PRA document stated that ``[e]ach
agency may provide further information, as appropriate, through the
issuance of additional guidance or regulations that will allow each
agency to carry out its specific enforcement responsibilities.'' 69 FR
10153. The Department of Labor's Office of Federal Contract Compliance
Programs then amended its regulations governing applicant recordkeeping
requirements ``in light of [its] unique use of applicant data for
compliance monitoring and other enforcement purposes.'' 70 FR 58946.
In light of the EEOC's unique enforcement responsibilities and
priorities monitoring employment practices and detecting employment
discrimination, it will determine, after further study, how and if it
should issue further guidance or regulations clarifying Title VII of
the 1964 Civil Rights Act and the Americans with Disabilities Act
regarding when employers and job seekers use the Internet and related
technologies.
Request for Comments
The EEOC invites comments enabling the agency to:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the 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 through 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.
Overview of Collection
Collection Title: Recordkeeping Requirements of the Uniform
Guidelines on Employee Selection Procedures, 29
[[Page 15755]]
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: 846,156.
Responses: 846,156.
Recordkeeping Hours: 14,822,194.89.
Number of Forms: None.
Form Number: None.
Frequency of Report: None.
Abstract: 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/or Executive
Order 11246 to investigate, conciliate and litigate charges of
employment discrimination; and by complainants to establish violations
of federal equal employment opportunity laws.
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 846,156, which combines estimates from private employment,
the public sector, colleges and universities, and referral unions.
This burden assessment is based on an estimate of the total 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 these covered
employers is estimated to be 1,778,663,387, which is based on a
National Organizations Survey average of 35.225 applications for every
hire and a Bureau of Labor Statistics data estimate of 50,490,000
annual hires. It also includes 153,137 applicants for union membership
reported on the EEO-3 form for 2006.
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 data base either manually or electronically;
and the employer would need to store the 13 characters of information
for each applicant. Recordkeeping cost 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 1,778,663,387 paper and electronic
applications per year, the resulting UGESP burden hours would be
14,822,195. Based on a wage rate of $12.29 per hour for the individuals
entering the data, the collection and storage of applicant demographic
data would come to $182,164,777 per year for Title VII-covered
employers.
Dated: March 17, 2008.
Naomi C. Earp,
Chair, Equal Employment Opportunity Commission.
[FR Doc. E8-5903 Filed 3-24-08; 8:45 am]
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