Employer Information Report (EEO-1)

Forms and Documents

Document Name	Status
Form SF 100 Employer Information Report (EEO-1) Form	Modified
30-day FRN (May 2, 2023).pdf Supplementary Document	2023-05-02
60-day FRN (November 10, 2022).pdf Supplementary Document	2023-05-02
Supporting Statement A (May 2, 2023).pdf Supporting Statement A	2023-05-02
Supporting Statement B (May 2, 2023).pdf Supporting Statement B	2023-05-02

IC Document Collections

IC ID	Document Title	Status
240069	Employer Information Report (EEO-1) Form	Modified

ICR Details

OMB Control No: 3046-0049	ICR Reference No: 202311-3046-001
Status: Active	Previous ICR Reference No: 202304-3046-002
Agency/Subagency: EEOC	Agency Tracking No:
Title: Employer Information Report (EEO-1)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/14/2023
	Date Received in OIRA: 11/14/2023
Terms of Clearance: OMB requests that EEOC work closely with OMB to ensure that the collection is preparing to become fully compliant with upcoming revisions to OMB's Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity and any associated OMB guidance. OMB also recommends that EEOC seek the input of affected stakeholders about any revisions as early as possible, and provide respondents with ample notice before making revisions in order to minimize burdens. Finally, OMB expects EEOC to keep it updated about any possible revisions to this report on a regular basis.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2026	24 Months From Approved	08/31/2024
Responses	110,000	0	110,000
Time Burden (Hours)	5,238,467	0	5,238,467
Cost Burden (Dollars)	0	0	0

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Abstract: Section 709(c) of Title VII of the Civil Rights Act of 1964 (Title VII) requires employers to make and keep records relevant to the determination of whether unlawful employment practices have been or are being committed, to preserve such records, and to produce reports as the Commission prescribes by regulation or order. Pursuant to this statutory authority, the EEOC in 1966 issued a regulation requiring certain employers to file executed copies of the EEO–1 in conformity with the directions and instructions on the form, which called for reporting employee data by job category and by sex and race or ethnicity. Pursuant to Executive Order 11246, the Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, in 1978 issued its regulation describing the EEO–1 as a report ‘‘promulgated jointly with the Equal Employment Opportunity Commission’’ and requiring certain contractors to submit ‘‘complete and accurate reports’’ annually. Under these authorities, private employers with 100 or more employees and federal contractors that have 50 or more employees and meet certain criteria are required to report annually the number of individuals they employ by job category and by sex and race or ethnicity.

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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:
	87 FR 67907	11/10/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 27504	05/02/2023
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
Employer Information Report (EEO-1)	SF 100	Employer Information Report (EEO-1 Component 1)

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ICR Summary 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	110,000	110,000	0	0	0	0
Annual Time Burden (Hours)	5,238,467	5,238,467	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:

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Annual Cost to Federal Government: $4,113,389

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

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: 11/14/2023

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