EEOC and OFCCP regulations require
private employers with 100 or more employees and certain federal
contractors with 50 or more employees to submit an EEO-1 report; to
comply with this requirement, employers must collect and retain in
their records data about employees’ ethnicity, race, and sex by job
category (demographic data), and report this information to EEOC
annually. EEO-1 data is collected on behalf of both agencies
pursuant to the EEOC’s authority under Title VII and OFCCP’s
authority under Executive Order 11246. The EEOC and OFCCP use this
information to enforce civil rights laws. The data is shared with
state and local Fair Employment Practices Agencies under the
authority of section 709(d) of Title VII, and with the Department
of Justice (DOJ), the Federal Deposit Insurance Corporation (FDIC),
and the National Credit Union Administration (NCUA), subject to
their agreement to comply with the confidentiality provisions of 42
U.S.C. 2000e–8(e). The EEOC and OFCCP propose to revise the EEO-1
report to collect W-2 (Box 1) and hours-worked data, as well as the
demographic data collected on the currently-approved EEO-1. The pay
data will be used to assess pay disparities based on job category,
pay bands, and gender, ethnicity, or race. This proposed change
will take effect beginning with the 2017 reporting cycle.
The increase in burden is due
to two factors: a change in burden calculation methodology and a
revision to the EEO-1 report that increases the amount of data
filers must submit. (1) First, the EEOC has revised its method of
calculating burden, in part based upon increased use of technology
in the EEO-1 reporting process, and in part due to public comment
received during the 60-day period. Rather than estimating burden
based on the number of cells in an EEO-1 report and the time needed
to fill in each cell, the EEOC is now focusing on the tasks a filer
must perform to complete an EEO-1 report, and estimating the time
spent on these tasks. While many of these tasks will be performed
at the headquarters level, the revised burden estimates also
account for the need to perform certain tasks at the establishment
level on a per-report basis. This new methodology resulted in an
increased burden relative to previous estimates. (2) Second, the
addition of pay data to the EEO-1 will result in an increase in
time needed to complete the report. Based upon comments received
from the public, we estimate that the addition of pay data will
increase filers' time spent on the report by a factor of 1.9.
Therefore, the total burden has increased due to a change in
methodology used to estimate burden and due to the addition of pay
data to the EEO-1 report and associated increase in time needed to
prepare the report.
$1,621,300
No
No
No
No
No
Uncollected
Ronald Edwards
2026634949
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:
(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.
Form SF 100 Employer Information Report (EEO-1) Components 1 & 2
justification for nonsubstantive change to instructions - 10.17.16.docx
30-day notice in FR 7.14.16.pdf
Employer Information Report (EEO-1) Components 1 & 2