[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Notices]
[Pages 73701-73703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25564]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Agency Information Collection Activities: Existing Collection

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice of information collection--extension without change: 
Elementary-Secondary Staff Information Report (EEO-5) and request for 
comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), 
the Equal Employment Opportunity Commission (EEOC or Commission) 
announces that it intends to submit to the Office of Management and 
Budget (OMB) a request for a three-year extension without change of the 
Elementary-Secondary Staff Information Report (EEO-5).

DATES: Written comments on this notice are encouraged and must be 
submitted on or before January 19, 2021.

ADDRESSES: You may submit comments by any of the following methods--
please use only one method:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the

[[Page 73702]]

instructions on the website for submitting comments.
    Mail: Comments may be submitted by mail to Bernadette B. Wilson, 
Executive Officer, Executive Secretariat, Equal Employment Opportunity 
Commission, 131 M Street NE, Washington, DC 20507.
    Fax: Comments totaling six or fewer pages can be sent by facsimile 
(``fax'') machine to (202) 663-4114. (This is not a toll-free number.) 
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) 663-4070 (voice) or 800-669-6820 (TTY). 
(These are not toll-free telephone numbers.)
    Instructions: All comments received must include the agency name 
and docket number. All comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. However, the EEOC reserves the right to refrain from posting 
libelous or otherwise inappropriate comments, including those that 
contain obscene, indecent, or profane language; that contain threats or 
defamatory statements; that contain hate speech directed at race, 
color, sex, national origin, age, religion, disability, or genetic 
information; or that promote or endorse services or products.
    Although copies of comments received are usually also available for 
review at the Commission's library, given the EEOC's current 100% 
telework status due to the Coronavirus Disease 2019 (COVID-19) public 
health emergency, the Commission's library is closed until further 
notice. Once the Commission's library is re-opened, copies of comments 
received in response to the proposed rule will be made available for 
viewing by appointment only at 131 M Street NE, Suite 4NW08R, 
Washington, DC 20507, between the hours of 9:30 a.m. and 5 p.m.

FOR FURTHER INFORMATION CONTACT: Rashida Dorsey, Employer Data Team, 
Data Development and Information Products Division, Equal Employment 
Opportunity Commission, 131 M Street NE, Room 4SW32J, Washington, DC 
20507; (202) 663-4355 (voice), (202) 663-7063 (TTY) or email at 
[email protected].

SUPPLEMENTARY INFORMATION: Pursuant to the Paperwork Reduction Act 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.

Overview of Information Collection

    Collection Title: Elementary-Secondary Staff Information Report 
(EEO-5).
    OMB Number: 3046-0003.
    Frequency of Report: Biennial, even years.
    Type of Respondent: Public elementary and secondary school systems 
or districts with 100 or more employees within the 50 U.S. states and 
District of Columbia.
    Description of Affected Public: Public elementary and secondary 
school systems or districts with 100 or more employees within the 50 
U.S. states and District of Columbia.
    Responses: 7082 per biennial collection.
    Reporting Hours: 120,901.07 per biennial collection.
    Burden Hour Cost: $4,055,001.76 per biennial collection.
    Federal Cost: $240,120.85 per biennial collection.
    Number of Forms: 1.
    Form Number: EEOC Form 168A.
    Abstract: Section 709(c) of Title VII of the Civil Rights Act of 
1964, as amended, 42 U.S.C. 2000e-8(c), requires employers to make and 
keep records relevant to a 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. Accordingly, the EEOC issued regulations, 29 CFR 1602.39 and 
.41-.45, prescribing the reporting and related record retention 
requirements for public elementary and secondary school systems or 
districts. 29 CFR 1602.39 requires school districts to make or keep all 
records necessary for completion of an EEO-5 submission and retain 
those records for three years. 29 CFR 1602.41 requires EEO-5 filers to 
retain a copy of each filed EEO-5 report for three years. These 
requirements are related to record keeping which is part of standard 
administrative practices, and as a result, the EEOC believes that any 
impact on burden would be negligible and nearly impossible to quantify. 
Public elementary and secondary school systems or districts with 100 or 
more employees within the 50 U.S. states and District of Columbia were 
required to submit EEO-5 reports annually from 1974 to 1981 and then 
biennially in even years from 1982 to the present. The individual 
reports are confidential. The EEOC uses EEO-5 data to investigate 
charges of employment discrimination against public elementary and 
secondary school systems or districts. The data are also used for 
research. The data are shared with the Department of Education (Office 
for Civil Rights) and the Department of Justice.
    Burden Statement: The EEOC has updated its methodology for 
calculating annual burden to reflect the different staff responsible 
for preparing and filing the EEO-5. The EEOC's revised burden estimate 
reflects that the bulk of the work in biennially preparing an EEO-5 
report is performed by computer support specialists, executive 
administrative staff, and payroll and human resource professionals; the 
revised estimate also includes time spent by school district finance 
professionals and superintendents who, in a few cases, may consult 
briefly during the reporting process. After accounting for the time 
spent by the various employees who have a role in preparing an EEO-5, 
the EEOC estimates that a school district will spend 17.07 hours to 
prepare the report and estimates that the aggregate biennial hour 
burden for all respondents is 120,901.07. The cost associated with the 
burden hours was calculated using hourly wage rates obtained from the 
Department of Labor \1\ for each job identified above as participating 
in the submission of the report; using those rates, we estimate that 
the burden hour cost per school district will be approximately $572.58, 
while the estimated total biennial burden cost for all 7,082 school 
districts will be $4,055,001.76 (See Table 1 for calculations).
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    \1\ Median hourly wage rates were obtained from the Bureau of 
Labor Statistics (see U.S. Dept. of Labor, Bureau of Labor 
Statistics, Occupational Outlook Handbook, http://www/bls.gov/ooh/).

[[Page 73703]]



                              Table 1-Estimate of Biennial Burden for EEO-5 Report
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                                                 Burden hours
     School district staff        Hourly wage    per district    Burden  cost    Total  burden    Total  burden
                                     rate             \a\        per  district       hours          hour cost
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                                                    N = 7,082
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Computer Support Specialist              26.33            3.43          $90.28       24,281.35       $639,327.82
 (IT Professional/Data
 Processing Specialist).......
Director of School Finance               62.45            0.14            8.92        1,012.02         63,200.51
 (Financial Managers).........
Executive Clerical Staff......           26.35            2.93           77.17       20,740.35        546,508.10
Human Resource Specialist.....           29.77            5.43          161.61       38,445.35      1,144,517.93
Payroll Specialist............           19.49            1.43           27.84       10,117.35        197,187.06
Senior Human Resource Managers           56.11            3.43          192.38       24,281.35      1,362,426.28
Superintendent (School                   50.33            0.29           14.38        2,023.33        101,834.07
 Management Occupations)......
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    Total.....................  ..............           17.07          572.58      120,901.07      4,055,001.76
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Note: Burden Hours per district were determined through interviews with a stratified heterogeneous mixture of
  school districts used to estimate burden, as approved in the 2018 Paperwork Reduction Act.
\a\Burden Hours are rounded to the tenth decimal place in this publication.

    Estimates are based on the assumption of some paper reporting. 
During the 2018 EEO-5 filing period, the EEOC experienced a 49.8 
percent increase in paper filing since the 2016 EEO-5 report filing. 
Despite the increase, paper filing represents 3.3 percent of total 
reports received in 2018. Electronic filing remains the most efficient, 
accurate, and secure means of reporting for respondents required to 
submit the EEO-5 report. The EEOC has made electronic filing much 
easier for respondents required to file the EEO-5 Report and as a 
result, more respondents are using this electronic filing method. 
Accordingly, the EEOC will continue to encourage EEO-5 filers to submit 
data through electronic filing, and will only accept paper records from 
filers who have secured permission to submit data via paper submission.

    For the Commission.
Janet Dhillon,
Chair.
[FR Doc. 2020-25564 Filed 11-18-20; 8:45 am]
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