[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Notices]
[Page 68040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32743]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
RIN 3046-AA45
Agency Information Collection Activities: Proposed Collection;
Comments Request
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, 44
U.S.C. Chapter 5, the Commission announces that it intends to submit to
the Office of Management and Budget (OMB) a request for an extension
without change the existing collection requirements under 29 CFR Part
1602 et seq., Recordkeeping and Reporting Requirement under Title VII
and the ADA. The Commission is seeking public comments on the proposed
extension.
DATES: Written comments on this notice must be submitted on or before
February 24, 1997.
ADDRESSES: Comments should be submitted to Frances M. Hart, Executive
Officer, Executive Secretariat, Equal Employment Opportunity
Commission, 10th Floor, 1801 L Street, N.W., Washington, D.C. 20507. As
a convenience to commentators, the Executive Secretariat will accept
comments transmitted by facsimile (``FAX'') machine. The telephone
number of the FAX receiver is (202) 7663-4114. (This is not a toll free
number.) Only comments of six or fewer pages will be accepted via FAX
transmittal. This limitation is necessary to assure access to the
equipment. Receipt of FAX transmittals will not be acknowledged, except
that the sender may request confirmation of receipt by calling the
Executive Secretariat staff at (202) 663-4078 (voice) or (202) 663-4074
(TDD). (These are not toll free telephone numbers.) Copies of comments
submitted by the public will be available for review at the
Commission's library, Room 6502, 1801 L Street, N.W., Washington, D.C.
20507 between the hours of 9:30 a.m. and 5:00 p.m.
FOR FURTHER INFORMATION CONTACT:
Nicholas M. Inzeo, Deputy Legal Counsel, Thomas J. Schlageter,
Assistant Legal Counsel or Stephanie D. Garner, Senior Attorney, at
(202) 663-4670 or TDD (202) 663-7026. This notice is also available in
the following formats: large print, braille, audio tape and electronic
file on computer disk. Requests for this notice in an alternative
format should be made to the Publications Center at 1-800-669-3362.
SUPPLEMENTARY INFORMATION: The Equal Employment Opportunity Commission
(EEOC) enforces Title VII of the Civil Rights Act of 1964 and Title I
of the Americans with Disabilities Act, which prohibit discrimination
on the basis of race, color, religion, sex, national origin or
disability. Sections 709(c) of Title VII and section 107(a) of the ADA
authorize the EEOC to issue recordkeeping and reporting regulations
that are deemed reasonable, necessary or appropriate. EEOC has
promulgated recordkeeping regulations under those authorities that are
contained in 29 CFR 1602. Those regulations do not require the creation
of any particular records but generally require employers to preserve
any personnel and employment records it makes or keeps for a period of
one year. The EEOC seeks extension of these regulations without change.
Collection Title: Recordkeeping and Reporting under Title VII and
the ADA.
OMB Control Number: 3046-0040.
Description of Affected Public: Employers with 15 or more employees
are subject to Title VII and the ADA.
Responses: 627,000
Reporting Hours: One
Federal Cost: None
Number of Forms: None
Abstract: Section 709(c) of Title VII, 42 U.S.C. 2000e-8(c) and
section 107(a) of the ADA, 42 U.S.C. 12117(a) require the Commission to
establish regulations pursuant to which employers subject to those Acts
shall make and preserve certain records to assist the EEOC in assuring
compliance with the Acts' nondiscrimination requirements in employment.
This is a recordkeeping requirement. Any of the records maintained
which are subsequently disclosed to the EEOC during an investigation
are protected from public disclosure by the confidentiality provisions
of section 706(b) and 709(e) of Title VII because they are incorporated
by reference into the ADA at section 107(a).
Burden Statement: The EEOC estimates that there will be no
increased burden on employers. All employers subject to Title VII are
subject to the ADA, and the same EEOC records retention requirements
are applicable to both. As all employers with 15 or more employees are
already required by the EEOC's Title VII regulations on recordkeeping
to maintain the same records, and the extension does not require
reports or the creation or maintenance of new documents, there is no
increased burden.
Pursuant to the Paperwork Reduction Act of 1995, and OMB regulation
5 CFR 1320.8(d)(1), the Commission solicits public comment to enable it
to:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the Commission's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the Commission's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
Dated: December 19, 1996.
For the Commission.
Maria Borrero,
Executive Director.
[FR Doc. 96-32743 Filed 12-24-96; 8:45 am]
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