Elementary-Secondary Staff Information (EEO-5)

Forms and Documents

Document Name	Status
Form FORM 168A Elementary-Secondary Staff Information (EEO-5) Form	Modified
INSTRUCTIONBOOKLETRevised.8.28.12_2.doc Supplementary Document	2012-08-28
NOTIFICATION LETTER.8.27.12_1.docx Supplementary Document	2012-08-28
INSTRUCTION BOOKLET Revised_4_28_10doc.doc Supplementary Document	2012-07-09
DRAFT EEO 5 NOTIFICATION LETTER v3.doc Supplementary Document	2012-07-09
Form_83i_EEO5._rev_4_5_12_1[1]_rev_6_28_12.fnial_3.pdf Supporting Statement B	2012-06-28
Specific_Instructions_Justification.8.27.12.doc Supporting Statement A	2012-08-28

IC Document Collections

IC ID	Document Title	Status
29363	Elementary-Secondary Staff Information (EEO-5) Form	Modified

ICR Details

OMB Control No: 3046-0003	ICR Reference No: 201206-3046-003
Status: Historical Active	Previous ICR Reference No: 201204-3046-002
Agency/Subagency: EEOC	Agency Tracking No:
Title: Elementary-Secondary Staff Information (EEO-5)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 06/30/2012
OIRA Conclusion Action: Approved with change	Conclusion Date: 08/28/2012
	Date Received in OIRA: 06/28/2012
Terms of Clearance: EEOC should publish both a 60 and a 30 day notice and submit this collection for review before the expiration date.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2013	6 Months From Approved	08/31/2012
Responses	6,190	0	7,218
Time Burden (Hours)	15,475	0	32,481
Cost Burden (Dollars)	0	0	0

---

Abstract: EEOC regulations require Public Elementary and Secondary School districts with 100 or more employees to collect and retain in their records demographic information about their employees, and report this information to EEOC biennially in even-numbered years. EEOC uses this information to enforce civil rights laws and shares it Office for Civil Rights (OCR) of the Department of Education and the U. S. Department of Justice.

Emergency Justfication: The previous terms of clearance for the EEO-5 ICR required EEOC to continue working towards making the race and ethnicity categories on the report compliant with the 1997 standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (1997 standards). Compliance with the 1997 standards necessitated a vote by the Commission to change the race and ethnicity categories on the EEO-5 form. The vote to approve the changes occurred in June 2012 and, therefore, the EEOC is unable to issue a 60-day and 30-day notice prior to expiration of the EEO-5 collection on June 30, 2012. Use of normal clearance procedures would therefore prevent or disrupt the EEOC's ability to collect the EEO-5 and negatively impact the EEOC's enforcement activities, as well as the enforcement activities of the Department of Justice and the Department of Education's Office of Civil Rights, who also use the data collected under this ICR.

---

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

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
Elementary-Secondary Staff Information (EEO-5)	FORM 168A	Elementary-Secondary Staff Information EEO-5 Report

---

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	6,190	7,218	0	0	-1,028	0
Annual Time Burden (Hours)	15,475	32,481	0	0	-17,006	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: Two factors are contributing to the burden reduction. The first is the decrease in reports filed and the second is the estimated burden per report.

---

Annual Cost to Federal Government: $190,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

---

Common Form ICR:  No

---

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: 06/28/2012

---