Recordkeeping Under Title VII, ADA, and GINA

Forms and Documents

Document Name	Status
Recordkeeping Supporting Statement for upload 8.23.21.docx Supporting Statement A	2021-08-23
30-day in FR 8.23.21.pdf Supplementary Document	2021-08-23
1602 recordkeeping 60-day in FR 5.26.21.pdf Supplementary Document	2021-08-23

IC Document Collections

IC ID	Document Title	Status
29379	Recordkeeping Under Title VII, ADA, and GINA	Modified

ICR Details

OMB Control No: 3046-0040	ICR Reference No: 202108-3046-002
Status: Received in OIRA	Previous ICR Reference No: 201805-3046-001
Agency/Subagency: EEOC	Agency Tracking No:
Title: Recordkeeping Under Title VII, ADA, and GINA
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/23/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	08/31/2021
Responses	989,379	961,709
Time Burden (Hours)	162,223	37,264
Cost Burden (Dollars)	0	0

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Abstract: Records created in the normal course of business by employers subject to Title VII, ADA, and GINA will be maintained for a period of one year or two years to assist EEOC in assuring compliance with the Acts' nondiscrimination requirements.

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Authorizing Statute(s): US Code: 42 USC 12117 Name of Law: Americans with Disabilities Act
   US Code: 42 USC 2000ff Name of Law: Genetic Information Nondiscrimination Act of 2008 (¿GINA¿)
   US Code: 42 USC 2000e Name of Law: Title VII
  

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:
	86 FR 28340	05/26/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 47104	08/23/2021
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Recordkeeping Under Title VII, ADA, and GINA

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ICR Summary of Burden

	Total Request	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	989,379	961,709	0	0	27,670	0
Annual Time Burden (Hours)	162,223	37,264	0	0	124,959	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 change reflects an updated formula for calculating the number of affected entities.

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Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 08/23/2021

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