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 Labor’s 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 “report”. 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 EEOC’s 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 EEOC’s upload file function, the final
2016 burden methodology still asserted that “the bulk of the tasks
performed in completing the EEO-1 report will be completed at the
firm level due to the centrality of automation” and calculated
burden at the firm level. This assumption led to the conclusion
that “the 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.” 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 “report.” 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 — a
type 1 EEO-1 report — and an employer with numerous locations files
a corresponding number of EEO-1 “establishment” 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 Commission’s
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)