EEOC regulations require private employers with 100 or more employees to collect and retain in their records demographic information about their employees, and report this information to EEOC annually. EEOC uses this information to enforce civil rights laws and shares information about federal contractors with the U.S. Department of Laborâs Office of Federal Contract Compliance Programs (OFCCP).
OEDA staff concluded that the 2016 methodology did not adhere to the standard approach of OMB and GAO, which was to account for the burden of filing each different type of the EEO-1 âreportâ. Rather, the 2016 burden methodology initially assessed employer burden entirely at the firm level, assuming that covered employers would use automated data systems to centralize EEO-1 data collection and then utilize the EEOCâs upload file function to send data to the agency. Although later acknowledging that tasks such as data entry would necessarily be performed at the establishment level, especially if a covered employer did not use the EEOCâs upload file function, the final 2016 burden methodology still asserted that âthe bulk of the tasks performed in completing the EEO-1 report will be completed at the firm level due to the centrality of automationâ and calculated burden at the firm level. This assumption led to the conclusion that âthe total estimated annual burden hour costs for employers and contractors that will complete both Components 1 and 2 in 2017 and 2018 will be $53,546,359.08.â
By contrast, the methodology used to develop the burden estimates in this 30-Day Notice returns to the approach used by the EEOC prior to 2016, which accounted for the burden of filing each different type of EEO-1 âreport.â The EEO-1 Instructions direct covered employers to use different reports for different purposes, and OMB and GAO direct agencies to account for the burden of filing each different kind of report. An employer with only a single location files one EEO-1 report â a type 1 EEO-1 report â and an employer with numerous locations files a corresponding number of EEO-1 âestablishmentâ reports, plus a headquarters report and establishment reports for each location under the umbrella of the headquarters. Accounting for the burden of filing each different type of form or report, the Commissionâs September 12, 2019 60-Day Notice concluded that the burden for Components 1 and 2 of the EEO-1 was $614,391,388 in 2017 and $622,015,798 in 2018.
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 B.FINAL.Mar.23.docx
EEO-1 30-day in FR 3.23.20.pdf
Employer Information Report (EEO-1)