Employer Information Report (EEO-1)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form SF 100 Employer Information Report (EEO-1) Components 1 & 2	Form	Modified	Available
Form SF 100 Employer Information Report (EEO-1) Component 1 Only	Form and Instruction	Unchanged	Available
justification for nonsubstantive change to instructions - 10.17.16.docx	Justification for No Material/Nonsubstantive Change	Uploaded 2016-10-17	Available
FINAL EEO-1 Supporting Statement-9.28.16.docx	Supporting Statement A	Uploaded 2016-09-28	Available
30-day notice in FR 7.14.16.pdf	Supplementary Document	Uploaded 2016-07-14	Available
pay data 60 day notice 2.1.16.pdf	Supplementary Document	Uploaded 2016-07-11	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
29369	Employer Information Report (EEO-1) Components 1 & 2	Form	Modified
222405	Employer Information Report (EEO-1) Component 1 Only	Form and Instruction	Unchanged

ICR Details

OMB Control No: 3046-0007	ICR Reference No: 201610-3046-001
Status: Historical Active	Previous ICR Reference No: 201607-3046-001
Agency/Subagency: EEOC	Agency Tracking No:
Title: Employer Information Report (EEO-1)
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/18/2016
	Date Received in OIRA: 10/17/2016
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2019	09/30/2019	09/30/2019
Responses	67,146	0	67,146
Time Burden (Hours)	1,952,146	0	1,952,146
Cost Burden (Dollars)	0	0	0

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Abstract: 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.

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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:
	81 FR 5113	02/01/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 45479	07/14/2016
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Employer Information Report (EEO-1) Component 1 Only	SF 100	EEO-1 Component 1
Employer Information Report (EEO-1) Components 1 & 2	SF 100	EEO-1 Components 1 & 2

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ICR Summary of Burden

table that charts list 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	67,146	67,146	0	0	0	0
Annual Time Burden (Hours)	1,952,146	1,952,146	0	0	0	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: 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.

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Annual Cost to Federal Government: $1,621,300

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

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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: 10/17/2016

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