[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Notices]
[Pages 13897-13899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05059]


-----------------------------------------------------------------------

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Agency Information Collection Activities: Existing Collection

AGENCY: Equal Employment Opportunity Commission.

[[Page 13898]]


ACTION: Notice of Information Collection--Extension without change of a 
currently approved collection Elementary-Secondary Staff Information 
Report (EEO-5) and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), 
the Equal Employment Opportunity Commission (EEOC or Commission) 
announces that it is submitting 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) (EEOC Form 168A) 
as described below.

DATES: Written comments on this notice are encouraged and must be 
submitted on or before April 12, 2021.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

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: A notice that EEOC would be submitting this 
request was published in the Federal Register on November 19, 2020, 
allowing for a 60-day public comment period. One comment was received 
from the public; however, it did not address the EEO-5 information 
collection. Accordingly, no changes have been made to the EEO-5 
collection based upon the unresponsive comment.

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 
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 districts with 100 or more employees within the 50 U.S. states 
and District of Columbia.
    Responses: 7,082 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 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 recordkeeping 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 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 districts. The EEO-5 data are also used for research. EEO-5 
reports 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 hour cost for all 7,082 
school districts will be $4,055,001.76 (See Table 1 for calculations).
---------------------------------------------------------------------------

    \1\ Median hourly wage rates were obtained from the Bureau of 
Labor Statistics (see U.S. Department of Labor, Bureau of Labor 
Statistics, Occupational Outlook Handbook, http://www/bls.gov/ooh/).

                              Table 1-Estimate of Biennial Burden for EEO-5 Report
----------------------------------------------------------------------------------------------------------------
                                                   Burden hours     Burden hour
      School district staff         Hourly wage    per district      cost per      Total burden    Total burden
                                       rate             \a\          district          hours         hour cost
----------------------------------------------------------------------------------------------------------------
                                                    N = 7,082
----------------------------------------------------------------------------------------------------------------
Computer Support Specialist (IT            26.33            3.43          $90.28       24,281.35     $639,327.82
 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

[[Page 13899]]

 
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)........
                                 -------------------------------------------------------------------------------
    Total.......................  ..............           17.07          572.58      120,901.07    4,055,001.76
----------------------------------------------------------------------------------------------------------------
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.

    These 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. Online electronic filing remains the 
most popular, efficient, accurate, and secure means of reporting for 
respondents required to submit the EEO-5 report. The EEOC has made 
online electronic filing much easier for respondents required to file 
the EEO-5 and as a result, more respondents are using this method. 
Accordingly, the EEOC will continue to encourage EEO-5 filers to submit 
data through online electronic filing and will only accept paper 
records from filers who have secured permission to submit data via 
paper submission.

    Dated: March 5, 2021.

    For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2021-05059 Filed 3-10-21; 8:45 am]
BILLING CODE 6570-01-P