Waivers of Rights and Claims Under the ADEA; Informational Requirements

Forms and Documents

Document Name	Status
Published ADEA 30-Day Notice (2023.09.08).pdf Supplementary Document	2023-09-08
Published ADEA 60-Day Notice (2023.06.12).pdf Supplementary Document	2023-09-08
2023 Supporting Statement for PRA ADEA Waiver.pdf Supporting Statement A	2023-09-08

IC Document Collections

IC ID	Document Title	Status
29381	Waivers of Rights and Claims Under the ADEA; Informational Requirements	Modified

ICR Details

OMB Control No: 3046-0042	ICR Reference No: 202309-3046-001
Status: Received in OIRA	Previous ICR Reference No: 202007-3046-001
Agency/Subagency: EEOC	Agency Tracking No:
Title: Waivers of Rights and Claims Under the ADEA; Informational Requirements
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: 09/08/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2023
Responses	1,489	2,425
Time Burden (Hours)	24,107	39,261
Cost Burden (Dollars)	1,154,335	0

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Abstract: In order to allow an employee to make an informed decision, the ADEA requires that if an employer requests a waiver in association with a group termination program, the employer must disclose certain information to the employee in writing.

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Authorizing Statute(s): US Code: 29 USC 626(f)(1) Name of Law: Age Discrimination in Employment Act
  

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:
	88 FR 30847	06/12/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 62081	09/08/2023
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Waivers of Rights and Claims Under the ADEA; Informational Requirements

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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	1,489	2,425	0	-936	0	0
Annual Time Burden (Hours)	24,107	39,261	0	-15,154	0	0
Annual Cost Burden (Dollars)	1,154,335	0	0	1,154,335	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: For 2023, to calculate the Number of Respondents for the current collection, EEOC utilized an estimate of the total number of unique U.S. firms reporting a layoff in calendar year 2022. This estimate shows a decreased number of respondents from the 2020 collection, which resulted in the Annual Time Burden decreasing. With regard to the change in the annual cost burden, there was an inadvertent error in the 2020 ROCIS submission. The 2020 cost burden was $1,770,703, so the actual difference between 2020 and 2023 is $616,368 (i.e., $1,770,703 - $1,154,335).

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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: 09/08/2023

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