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.
US Code:
42
USC 2000e Name of Law: Title VII
US Code: 42
USC 12117 Name of Law: Americans with Disabilities Act
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