[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Notices]
[Pages 67907-67912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24518]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Agency Information Collection Activities: Existing Collection

AGENCY: Equal Employment Opportunity Commission

ACTION: Notice of information collection--Proposed revision of the 
Employer Information Report (EEO-1) Component 1.

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SUMMARY: In accordance with the Paperwork Reduction Act (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 PRA approval of revisions to the currently 
approved Component 1 of the Employer Information Report (EEO-1).\1\ 
This PRA submission for the EEO-1 Component 1 does not change the types 
of demographic workforce data historically collected by the EEO-1 
(i.e., employee data by job category and sex and race or ethnicity). 
Rather, as part of this routine three-year clearance for Component 1 
under the PRA, the EEOC seeks OMB approval of measures that streamline 
and modernize how the current EEO-1 Component 1 workforce demographic 
data are collected from employers.
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    \1\ Component 1 of the EEO-1 refers to the demographic data the 
EEOC has collected since 1966. The EEOC called its historic, first-
time collection of pay data from certain private employers and 
federal contractors Component 2 of the EEO-1. The Component 2 
collection was completed in February 2020. On July 28, 2022, the 
National Academies of Sciences, Engineering, and Medicine (NASEM) 
issued a Consensus Study Report evaluating the Component 2 pay data 
collection and providing recommendations for future data 
collections. The EEOC is carefully evaluating NASEM's 
recommendations as they relate to the EEO-1 Component 1 data 
collection and may request modification of the EEO-1 Component 1 
collection in the future. The Consensus Report is available at 
https://nap.nationalacademies.org/catalog/26581/evaluation-of-compensation-data-collected-through-the-eeo-1-form.

DATES: Written comments on this notice must be submitted on or before 
January 9, 2023.

[[Page 67908]]


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 
instructions on the website for submitting comments.
    Mail: Comments may be submitted by mail to Shelley Kahn, Acting 
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) 921-2815 (voice) (this is not a toll-free 
number) or 800-669-6820 (TTY).
    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.
    Copies of comments received are also available for review at the 
Commission's library. Copies of comments received in response to this 
notice will be made available for viewing by appointment only at 131 M 
Street NE, Suite 4NW08R, Washington, DC 20507. Members of the public 
may schedule an appointment by sending an email to the following 
address: [email protected].

FOR FURTHER INFORMATION CONTACT: Paul Guerino, Director, Data 
Development and Information Products Division, Office of Enterprise 
Data and Analytics (OEDA), Equal Employment Opportunity Commission, 131 
M Street NE, Washington, DC 20507; (202) 921-2928 (voice), (800) 669-
6820 (TTY) or email at [email protected]. Requests for this notice in an 
alternative format should be made to the EEOC's Office of 
Communications and Legislative Affairs (OCLA) at (202) 921-3191 
(voice), (800) 669-6820 (TTY), or (844) 234-5122 (ASL Video Phone).

SUPPLEMENTARY INFORMATION: Since 1966, the EEOC has required EEO-1 
filers to submit workforce demographic data (Component 1) on an annual 
basis. All private employers that are covered by Title VII of the Civil 
Rights Act of 1964, as amended (Title VII) \2\ and that have 100 or 
more employees are required to file the workforce demographic Component 
1 data. In addition, Office of Federal Contract Compliance Programs 
(OFCCP) regulations require certain federal contractors to file the 
EEO-1 if they have 50 or more employees and are not exempt as provided 
for by 41 CFR 60-1.5.\3\
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    \2\ 42 U.S.C. 2000e, et seq.
    \3\ Unless otherwise noted, the term ``contractor'' refers to 
federal contractors and first-tier subcontractors that satisfy the 
employee and contract size coverage criteria that subject them to 
EEO-1 Component 1 reporting obligations. The terms ``private 
employers'' and ``private industry'' refer to all other entities 
required to file the EEO-1 Component 1 that are not included in the 
``contractor'' designation. The terms ``employer'' and ``filer'' 
refer collectively to all entities that are required to file EEO-1 
Component 1 data.
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    Pursuant to the PRA and OMB regulations found at 5 CFR 
1320.8(d)(1), the Commission solicits public comment on its intent to 
seek a three-year approval of revisions to the currently approved EEO-1 
Component 1 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.
    Based on data trends over the last three EEO-1 Component 1 data 
collection reporting years (i.e., 2019, 2020, 2021), as well as ongoing 
updates by the EEOC to the EEO-1 Component 1 frame (i.e., filer roster 
or master list), the EEOC believes the total number of filers 
submitting at least one report may increase to 110,000. Accordingly, 
the EEOC is calculating the burden estimates in this Notice based on 
this revised estimate of the number of filers.

Overview of Information Collection

    Collection Title: Employer Information Report (EEO-1) Component 1.
    OMB Number: 3046-0049.
    Frequency of Report: Annual.
    Type of Respondent: Private employers with 100 or more employees 
and federal contractors that have 50 or more employees and meet certain 
criteria.
    Description of Affected Public: Private employers with 100 or more 
employees and federal contractors that have 50 or more employees and 
meet certain criteria.
    Reporting Hours: 5,238,467 hours per annual collection
    Respondent Burden Hour Cost: $272,275,151.80 per annual 
collection.\4\
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    \4\ This estimate is based on the most recent median pay data 
from the U.S. Bureau of Labor Statistics. The EEOC estimated that a 
computer network specialist accounts for 60% of the estimated hourly 
wage; a database administrator and architect would account for 20%; 
an HR specialist would account for 10%; legal counsel would account 
for 5%, and a CEO would account for 5%, yielding a total estimated 
hourly wage of $34.66. See U.S. Dept. of Labor, Bureau of Labor 
Statistics, Occupational Outlook Handbook, https://www.bls.gov/ooh/. 
Wages cited are median hourly wages.
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    Federal Cost: $4,113,388.55 per annual collection.
    Number of Filers: 110,000 per annual collection.\5\
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    \5\ This estimate is based on the number of filers who were 
identified as being potentially eligible at the end of the 2019 and 
2020 EEO-1 Component 1 data collections (approximately 90,000 
filers) and at the end of the 2021 EEO-1 Component 1 data collection 
cycle (approximately 98,000 filers). Based on the increases over the 
last three EEO-1 Component 1 data collection cycles, as well as 
ongoing updates by the EEOC to the frame (i.e., filer roster or 
master list), the EEOC estimates an increase of 12,000 potentially 
eligible filers from the 2021 EEO-1 Component 1 data collection.
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    Number of Responses: 2,235,938 reports per annual collection.\6\
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    \6\ In the prior EEO-1 Component 1 Information Collection Review 
(ICR) for reporting years 2019, 2020, and 2021, the term ``records'' 
was used interchangeably with the term ``reports'' to refer to the 
``reports'' submitted by filers. Beginning with the ICR for 
reporting years 2022, 2023, and 2024, the EEOC will no longer use 
the term ``records'' to refer to ``reports'' submitted by filers. 
For the proposed EEO-1 Component 1 data collections for reporting 
years 2022, 2023, and 2024, ``reports'' include the following types 
of reports: a ``Single-Establishment Filer Report'' (formerly 
referred to as a ``Type 1'' Report); a ``Consolidated Report'' 
(formerly referred to as a ``Type 2'' Report); a ``Headquarters 
Report'' (formerly referred to as a ``Type 3'' Report); and an 
``Establishment-Level Report'' (formerly referred to as a ``Type 4'' 
Report for establishments with 50 or more employees and a ``Type 8'' 
Report for establishments with fewer than 50 employees).
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    Number of Forms: 1.
    Form Number: EEOC Standard Form 100 (SF 100).
    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

[[Page 67909]]

reports as the Commission prescribes by regulation or order.\7\ 
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.\8\ Pursuant to Executive Order 11246,\9\ 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.\10\ 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 \11\ and 
by sex and race or ethnicity.\12\ These data are currently collected 
electronically by the EEOC through a web-based data collection 
application (i.e., portal) referred to as the EEO-1 Component 1 Online 
Filing System.\13\ Filers must submit their data electronically to the 
web-based portal through either manual entry or the upload of a data 
file. The individual EEO-1 reports are confidential.\14\ EEO-1 data are 
used by the EEOC to investigate charges of employment discrimination 
against employers in private industry and to publish periodic reports 
on workforce demographics.\15\
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    \7\ 42 U.S.C. 2000e-8(c).
    \8\ The EEOC's EEO-1 regulation is at 29 CFR part 1602 Subpart 
B. The EEOC is responsible for obtaining OMB's PRA approval for the 
EEO-1 report.
    \9\ Exec. Order No. 11246, 30 FR 12319 (Sept. 24, 1965).
    \10\ 41 CFR 60-1.7(a). OFCCP obtains EEO-1 reports for federal 
contractors and subcontractors (contractors) pursuant to its own 
legal authority under E.O. 11246 and its implementing regulations. 
See id at 60-1.7(a)(1). Because OFCCP obtains EEO-1 data for 
contractors under its own E.O. 11246 authority, some courts have 
ruled that the Title VII prohibition against disclosure does not 
apply to OFCCP's collection of EEO-1 data. See, e.g., United Techs. 
Corp. v. Marshall, 464 F. Supp. 845, 851-52 (D. Conn. 1979); Sears 
Roebuck & Co. v. Gen. Servs. Admin., 509 F.2d 527, 529 (D.C. Cir. 
1974). Accordingly, the EEO-1 data of federal contractors received 
by OFCCP may be subject to potential disclosure by OFCCP under the 
Freedom of Information Act (FOIA), although FOIA exemptions may 
prevent disclosure. There is currently pending before OFCCP a FOIA 
request by a journalist for Type 2 Consolidated EEO-1 Reports 
submitted by federal contractors and first-tier subcontractors from 
2016-2020. In previous litigation between OFCCP and the FOIA 
requester, the district court held that the evidence did not support 
a finding that the EEO-1 Type 2 reports were commercial, and thus 
the 10 Type 2 EEO-1 reports at issue in that case could not be 
withheld under FOIA Exemption 4. See Ctr for Investigative Reporting 
v. Dep't of Labor, 424 F. Supp. 3d 771, 778-79 (N.D. Cal. 2019). In 
response to the current FOIA request, OFCCP notified federal 
contractors and first-tier subcontractors that if they object to 
disclosure of their reports, they should submit objections to OFCCP 
by October 19, 2022. See Federal Register:: Notice of Request Under 
the Freedom of Information Act for Federal Contractors' Type 2 
Consolidated EEO-1 Report Data. For more information, see the 
Department of Labor's FOIA regulations at 41 CFR part 70 and 
frequently asked questions (Freedom of Information Act (FOIA) 
Frequently Asked Questions [verbar] U.S. Department of Labor 
(dol.gov)).
    \11\ The 10 job categories are: Executive/Senior Level Officials 
and Managers; First/Mid-Level Officials and Managers; Professionals; 
Technicians; Sales Workers; Administrative Support Workers; Craft 
Workers; Operatives; Laborers and Helpers; and Service Workers.
    \12\ The EEO-1 uses federal race and ethnicity categories, which 
were adopted by the Commission in 2005 and implemented in 2007. The 
seven race/ethnicity categories are: Hispanic or Latino--A person of 
Cuban, Mexican, Puerto Rican, South or Central American, or other 
Spanish culture or origin regardless of race. White (Not Hispanic or 
Latino)--A person having origins in any of the original peoples of 
Europe, the Middle East, or North Africa. Black or African American 
(Not Hispanic or Latino)--A person having origins in any of the 
black racial groups of Africa. Native Hawaiian or Other Pacific 
Islander (Not Hispanic or Latino)--A person having origins in any of 
the peoples of Hawaii, Guam, Samoa, or other Pacific Islands. Asian 
(Not Hispanic or Latino)--A person having origins in any of the 
original peoples of the Far East, Southeast Asia, or the Indian 
Subcontinent, including, for example, Cambodia, China, India, Japan, 
Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and 
Vietnam. American Indian or Alaska Native (Not Hispanic or Latino)--
A person having origins in any of the original peoples of North and 
South America (including Central America), and who maintain tribal 
affiliation or community attachment. Two or More Races (Not Hispanic 
or Latino)--All persons who identify with more than one of the above 
five races. OMB is in the process of reviewing and revising its 
standards for maintaining, collecting, and presenting federal data 
on race and ethnicity. See https://www.whitehouse.gov/omb/briefing-room/2022/06/15/reviewing-and-revising-standards-for-maintaining-collecting-and-presenting-federal-data-on-race-and-ethnicity/. The 
EEOC will carefully consider the revision to the federal standards 
for collecting race and ethnicity data, which are expected by summer 
2024, for use in future data collections.
    \13\ EEO-1 filers may access the EEO-1 Component 1 Online Filing 
System through the EEOC's dedicated EEO-1 Component 1 website at 
www.eeocdata.org/eeo1.
    \14\ All reports and any information from individual reports are 
subject to the confidentiality provisions of Section 709(e) of Title 
VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-8(e), as 
amended (Title VII) and may not be made public by the EEOC prior to 
the institution of any proceeding under Title VII involving the EEO-
1 Component 1 data. Any EEOC employee who violates this prohibition 
may be found guilty of a criminal misdemeanor and could be fined or 
imprisoned. The confidentiality requirements allow the EEOC to 
publish only aggregated data, and only in a manner that does not 
identify any particular filer or reveal any individual employee's 
personal information. With respect to other federal agencies with a 
legitimate law enforcement purpose but without OFCCP's independent 
authority to collect EEO-1 data, the EEOC gives access to 
information collected under Title VII only if the agencies agree, by 
letter or memorandum of understanding, to comply with the 
confidentiality provisions of Title VII. In addition, section 709(d) 
(42 U.S.C. 2000e-8(d) provides that the EEOC shall furnish upon 
request and without cost to state or local civil rights agencies 
information about employers in their jurisdiction on the condition 
that they not make it public prior to starting a proceeding under 
state or local law involving such information. The EEOC shares EEO-1 
data with Fair Employment Practices Agencies (FEPAs) pursuant to 
Worksharing Agreements that impose obligations on the contracted 
FEPA with respect to confidentiality, privacy, and data security. On 
a case-by-case basis, the EEOC may share EEO-1 data with a FEPA that 
does not have a Worksharing Agreement, but only if that FEPA agrees 
to comply with confidentiality, privacy, and data security 
obligations similar to those imposed on FEPAs with Worksharing 
Agreements.
    \15\ Any reports the EEOC publishes based on EEO-1 data include 
only aggregated EEO-1 data that protect the confidentiality of each 
employer's information, as well as the privacy of each employee's 
personal information.
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    Burden Statement: The methodology used in this Notice to calculate 
the burden for the collection of EEO-1 Component 1 data is to separate 
Single-Establishment and Multi-Establishment filers and calculate the 
burden by considering the following factors: (1) the type of filer 
(i.e., Single-Establishment or Multi-Establishment filer); \16\ (2) the 
combination of report types submitted by the filer (i.e., ``Single-
Establishment Filer Report'' or, for Multi-Establishment filers, the 
``Consolidated Report,'' ``Headquarters Report,'' and ``Establishment-
Level Report(s)''); \17\ and (3) the total number of reports filers 
will

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certify to complete their EEO-1 Component 1 submission.\18\
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    \16\ An establishment is an economic unit that produces goods or 
services, at a single physical location, and is engaged in one or 
predominantly one activity. See https://www.bls.gov/charts/county-employment-and-wages/employment-by-size.htm for more information on 
establishments by size. For purposes of the EEO-1 Component 1, the 
EEOC defines a Single-Establishment filer as an employer conducting 
business at only one establishment. The EEOC defines a Multi-
Establishment filer as an employer conducting business at more than 
one establishment. Based on the last three EEO-1 Component 1 data 
collection cycles, approximately 41% of all filers report data for a 
single establishment, while approximately 59% report data for 
multiple establishments. Historically, Multi-Establishment filers 
submit more than 98% of all reports.
    \17\ A Single-Establishment filer is required to submit only a 
``Single-Establishment Filer Report'' (formerly referred to as a 
``Type 1'' Report). A Multi-Establishment filer is required to 
submit a summary ``Consolidated Report'' (formerly referred to as a 
``Type 2'' Report), a ``Headquarters Report'' (formerly referred to 
as a ``Type 3'' Report''), and a separate ``Establishment-Level 
Report'' for each non-headquarters establishment (formerly referred 
to as a ``Type 4'' Report for establishments with 50 or more 
employees and a ``Type 8'' Report for establishments with fewer than 
50 employees). The ``Consolidated Report'' is auto-populated and 
auto-generated for all Multi-Establishment filers within the EEOC's 
EEO-1 Component 1 Online Filing System with data from their 
``Headquarters Report'' and ``Establishment-Level Report(s)'' 
(formerly ``Type 4'' and ``Type 8'' Reports).
    \18\ For this Notice, the EEOC is using the same methodology for 
calculating burden and considering the same factors as the agency 
did for the prior EEO-1 Component 1 Information Collection Review 
(ICR) for reporting years 2019, 2020, and 2021. See Notice of 
Information Collection 84 FR 48138 (Sept. 12, 2019) at https://www.govinfo.gov/content/pkg/FR-2019-09-12/pdf/2019-19767.pdf and 
Notice of Information Collection 85 FR 16348 (Mar. 23, 2020) at 
https://www.govinfo.gov/content/pkg/FR-2020-03-23/pdf/2020-06008.pdf.
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    Reporting time estimates for EEO-1 Component 1 filers are based on 
the most recently completed EEO-1 Component 1 collection cycle (i.e., 
the 2021 EEO-1 Component 1 data collection).\19\ At the end of the 2021 
EEO-1 Component 1 data collection, there were a total of 91,793 filers 
and a total of 1,507,372 reports submitted.\20\ Based on data trends 
over the last three EEO-1 Component 1 data collection reporting years 
(i.e., 2019, 2020, 2021),\21\ as well as ongoing updates by the EEOC to 
the EEO-1 Component 1 frame (i.e., filer roster or master list), the 
EEOC believes the total number of filers submitting at least one report 
may increase to 110,000. The EEOC further estimates Single-
Establishment filers (formerly referred to as ``Type 1'' filers) will 
continue to represent approximately 40% of EEO-1 Component 1 filers and 
will submit less than 2% of all reports, while Multi-Establishment 
filers (formerly referred to as ``Type 2'' filers) will continue to 
represent approximately 60% of EEO-1 Component 1 filers and will submit 
more than 98% of all reports.
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    \19\ The 2021 EEO-1 Component 1 data collection cycle opened on 
April 12, 2022 and ended on June 21, 2022.
    \20\ For the 2021 EEO-1 Component 1 data collection, these 
1,507,372 reports were made up of the following types of reports: 
``Type 1'' (now referred to as a ``Single-Establishment Filer 
Report''); ``Type 2'' (now referred to as a ``Consolidated 
Report''); ``Type 3'' (now referred to as a ``Headquarters 
Report''); and ``Type 4'' and ``Type 8'' (now referred to as 
``Establishment-Level Report(s)'').
    \21\ The 2019 EEO-1 Component 1 data collection was delayed 
until 2021 due to the Coronavirus Disease 2019 (COVID-19) public 
health emergency. As a result, the 2019 and 2020 EEO-1 Component 1 
data collections were collected concurrently in 2021. See https://www.federalregister.gov/documents/2020/05/08/2020-09876/delay-in-opening-of-2019-eeo-1-component-1-and-2020-eeo-3-and-2020-eeo-5-data-collections-due-to-the. Additionally, beginning with the 2019 
and 2020 EEO-1 Component 1 data collections, the EEOC onboarded a 
new contractor, Westat, to administer the agency's EEO data 
collections, including the EEO-1 Component 1 data collection. In 
addition to retaining a new contractor, the EEOC launched a new 
dedicated EEO-1 Component 1 data collection website at 
www.eeocdata.org/eeo1 and created a new electronic reporting system, 
the EEO-1 Component 1 Online Filing System.
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    As discussed in the 2019 and 2020 60-day Notices,\22\ the EEOC 
created the Office of Enterprise Data and Analytics (OEDA) in May 2018 
with the goal of creating a 21st century data and analytics 
organization at the agency. Since its creation, OEDA, which administers 
the agency's data collections, including the EEO-1, has undertaken 
several efforts to modernize the collections and improve the quality of 
data collected. OEDA has also streamlined functions, such as providing 
additional self-service options, resource materials, and an online 
support message center. As part of these ongoing modernization efforts, 
OEDA identified additional burden-reducing measures to streamline how 
the current EEO-1 Component 1 workforce demographic data are collected 
from employers. This request for clearance under the PRA of the EEO-1 
Component 1 includes changes that make the EEO-1 filing process more 
user-friendly and less burdensome.
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    \22\ See Notice of Information Collection 84 FR 48138, 48139 
(Sept. 12, 2019) at https://www.govinfo.gov/content/pkg/FR-2019-09-12/pdf/2019-19767.pdf and Notice of Information Collection 85 FR 
16348, 16341 (Mar. 23, 2020) at https://www.govinfo.gov/content/pkg/FR-2020-03-23/pdf/2020-06008.pdf.
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    Beginning with the 2022 EEO-1 Component 1 data collection, Multi-
Establishment filers will no longer be required to file a separate 
``type'' of establishment report based on the size of an individual 
non-headquarters establishment (i.e., establishments with 50 or more 
employees or establishments with fewer than 50 employees). Rather, in 
place of the ``Type 4'' and ``Type 8'' reports, there will be a newly 
named ``Establishment-Level Report.'' \23\ All Multi-Establishment 
filers will use the Establishment-Level Report to submit establishment-
level employee demographic data for each of their non-headquarters 
establishment(s) regardless of size.\24\ With this change, a Multi-
Establishment filer will no longer have to take the additional step of 
counting employees in each establishment to determine whether to file a 
Type 4 or Type 8 report. Multi-Establishment filers will still be 
required to submit a ``Headquarters'' Report (formerly referred to as a 
``Type 3'' Report) and a ``Consolidated Report'' (formerly referred to 
as a ``Type 2'' Report). However, all individual ``Consolidated 
Reports'' for all Multi-Establishment filers will be auto-populated and 
auto-generated with data from their ``Headquarters Report'' and 
``Establishment-Level Report(s)'' within the EEOC's electronic, web-
based EEO-1 Component 1 Online Filing System.
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    \23\ The Type 4 report contains establishment-level employee 
demographic data at a non-headquarters establishment with 50 or more 
employees. The Type 8 report contains establishment-level employee 
demographic data at a non-headquarters establishment with fewer than 
50 employees.
    \24\ This collection that is the subject of this notice does not 
include the ``Type 6'' Establishment List Reports by Multi-
Establishment filers for the reporting of non-headquarters 
establishments with fewer than 50 employees. With the 
discontinuation of the ``Type 6'' Establishment List Report, a 
``Consolidated Report'' can be auto-populated and auto-generated 
with data from a Multi-Establishment filer's ``Headquarters Report'' 
and ``Establishment-Level Report(s)'' within the EEOC's electronic, 
web-based EEO-1 Component 1 Online Filing System for all Multi-
Establishment filers.
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    Based upon the anticipated 110,000 filers submitting EEO-1 
Component 1 reports, the EEOC estimates these filers will submit a 
total of 2,235,938 reports annually, for reporting years 2022, 2023, 
and 2024.\25\ The EEOC estimates 44,257 Single-Establishment filers 
will submit a single ``Single-Establishment Filer Report,'' and it will 
take these filers 33,193 hours to do so. The EEOC estimates 65,743 
Multi-Establishment filers will submit 2,191,681 reports. By 
definition, all EEO-1 Component 1 Multi-Establishment filers must 
submit, at minimum, a ``Consolidated Report'' (formerly ``Type 2''), a 
``Headquarters Report'' (formerly ``Type 3''), and at least one 
``Establishment-Level Report'' (formerly ``Type 4'' or ``Type 8'').\26\ 
The total number of ``Establishment-Level Reports'' filed by EEO-1 
Component 1 Multi-Establishment filers varies greatly among filers, 
with the plurality of filers filing one establishment report,\27\ and a

[[Page 67911]]

small number of filers filing many reports (i.e., a small number of 
Multi-Establishment filers account for a large portion of overall 
``Establishment-Level Reports'' submitted).\28\
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    \25\ This total includes the 65,743 consolidated reports 
submitted by Multi-Establishment filers that are auto-populated and 
auto-generated by the EEO-1 Component 1 Online Filing System. While 
these reports contribute to the total report count, they have no 
associated burden.
    \26\ Beginning with the 2022 EEO-1 Component 1 data collection, 
the EEOC is renaming the reports submitted by filers. The naming 
convention for EEO-1 Component 1 reports will no longer include the 
word ``Type'' or a specific number corresponding to ``Type.'' The 
``Type 1'' Report will be renamed the ``Single-Establishment Filer 
Report.'' The ``Type 2'' Report will be renamed the ``Consolidated 
Report.'' The ``Type 3'' Report will be renamed the ``Headquarters 
Report.'' The ``Type 4'' Report and ``Type 8'' Report will be 
renamed the ``Establishment-Level Report,'' and as noted above, the 
``Type 6'' Establishment List Report is discontinued. Moving 
forward, Multi-Establishment filers will no longer file a separate 
``type'' of report based on the number of employees at a non-
headquarters establishment. All multi-establishment filers will 
simply file an ``Establishment-Level Report'' for each non-
headquarters establishment regardless of the number of employees at 
the establishment.
    \27\ For the 2021 EEO-1 Component 1 data collection, the modal 
number of reports submitted by Multi-Establishment filers was three 
reports: one ``Headquarters Report'' (formerly ``Type 3'' Report), 
one ``Establishment-Level Report'' (formerly ``Type 4'' Report or 
``Type 8'' Report), and one auto-populated and auto-generated 
``Consolidated Report'' (formerly ``Type 2'' Report). The median 
number of reports submitted by Multi-Establishment filers was eight 
reports: one ``Headquarters Report'' (formerly ``Type 3'' Report), 
six ``Establishment-Level Reports'' (formerly ``Type 4'' Report or 
``Type 8'' Report), and one auto-populated and auto-generated 
``Consolidated Report'' (formerly ``Type 2'' Report).
    \28\ For example, in the 2021 EEO-1 Component 1 data collection, 
there were individual Multi-Establishment filers whose submissions 
included thousands of reports for their non-headquarters 
establishments.
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    Table 1 (below) outlines the number of reports, the average 
reporting time by report type, and the aggregate number of hours 
estimated to submit these reports. The aggregate reporting time for 
EEO-1 Component 1 filers by report type varies between a low of 33,193 
hours for Single-Establishment filers submitting a ``Single-
Establishment Filer Report,'' and a high of 5,150,488 for Multi-
Establishment filers submitting ``Establishment-Level Reports.'' When 
accounting for the aggregate reporting time for EEO-1 Component 1 
Multi-Establishment filers to complete a ``Headquarters Report'' 
(54,786 hours), the total aggregate reporting time for EEO-1 Component 
1 filers is 5,238,467 hours.

   Table 1--Projected Annual Burden for EEO-1 Component 1 Reporting Years 2022, 2023, 2024, by Report Type and
                                                 Reporting Time
----------------------------------------------------------------------------------------------------------------
                                                                                 Average           Aggregate
                                                         Number of reports    reporting time     reporting time
                                                                                (minutes)           (hours)
----------------------------------------------------------------------------------------------------------------
Single-Establishment Filer Report \a\..................             44,257                 45             33,193
Consolidated Report \b\................................             65,743                  0                  0
Headquarters Report \c\................................             65,743                 50             54,786
Establishment-Level Report \d\.........................          2,060,195                150          5,150,488
                                                        --------------------------------------------------------
    Total..............................................          2,235,938  .................          5,238,467
----------------------------------------------------------------------------------------------------------------
\a\ A ``Single-Establishment Filer Report'' must be submitted by all Single-Establishment filers. A Single-
  Establishment filer is required to submit only one report. This report must contain demographic data for all
  the Single-Establishment filer's employees categorized by job category and sex and race or ethnicity. The
  ``Single-Establishment Filer Report'' was formerly referred to as a ``Type 1'' Report.
\b\ A ``Consolidated Report'' is required for all Multi-Establishment filers. A ``Consolidated Report'' must
  contain demographic data for all the Multi-Establishment filer's employees (i.e., employees at headquarters
  and all establishments), categorized by job category and sex and race or ethnicity. The ``Consolidated
  Report'' was formerly referred to as a ``Type 2'' Report. The ``Consolidated Report'' is auto-populated and
  auto-generated within the EEOC's electronic web-based EEO-1 Component 1 Online Filing System for all Multi-
  Establishment filers with data from their ``Headquarters Report'' (formerly ``Type 3'' Report) and
  ``Establishment-Level Report(s)'' (formerly ``Type 4'' Report and ``Type 8'' Report). Therefore, there is no
  associated burden.
\c\ A ``Headquarters Report'' must be submitted by all Multi-Establishment filers. The report must contain
  demographic data for all the Multi-Establishment filer's headquarters employees, categorized by job category
  and sex and race or ethnicity. The ``Headquarters Report'' was formerly referred to as a ``Type 3'' Report.
\d\ An ``Establishment-Level Report'' must be submitted by all Multi-Establishment filers for each non-
  headquarters establishment. An ``Establishment-Level Report'' must contain establishment-level demographic
  data for all employees at each of the Multi-Establishment filer's non-headquarters establishments categorized
  by job category and sex and race or ethnicity. One ``Establishment-Level Report'' must be submitted for each
  non-headquarters establishment. For example, if a Multi-Establishment filer has 10 non-headquarters
  establishments, the filer must submit 10 ``Establishment-Level Reports.'' Beginning with the 2022 EEO-1
  Component 1 data collection, Multi-Establishment filers will no longer be required to file a separate ``type''
  of establishment report based on the size of an individual non-headquarters establishment (i.e.,
  establishments with 50 or more employees or establishments with fewer than 50 employees). Rather, a Multi-
  Establishment filer will submit an ``Establishment-Level Report'' to report establishment-level employee
  demographic data for each of its non-headquarters establishment(s) regardless of size.

    An estimate of the total number of respondents and the amount of 
time estimated for an average respondent to respond: The estimated 
number of respondents that must file EEO-1 Component 1 data for the 
next three reporting years (i.e., 2022, 2023, 2024) is 110,000 filers 
each year. Each filer is required to respond to the EEO-1 Component 1 
once annually. The burden estimate is based on data from prior 
administrations of the EEO-1 Component 1 data collection. The EEOC 
estimates the 110,000 filers will submit a total of 2,235,938 reports 
annually. About 40% of EEO-1 Component 1 filers (i.e., 44,257 Single-
Establishment filers) will submit one report (i.e., a ``Single-
Establishment Filer Report'') on a single establishment. It is 
estimated these Single-Establishment filers will take an average of 45 
minutes per reporting year to complete their EEO-1 Component 1 Report. 
About 60% of EEO-1 Component 1 filers (i.e., 65,743 Multi-Establishment 
filers) will report data on multiple establishments. For each reporting 
year, all Multi-Establishment filers must submit a ``Consolidated 
Report,'' a ``Headquarters Report,'' and an ``Establishment-Level 
Report(s)'' for each establishment, resulting in an estimated total of 
2,191,681 reports submitted.\29\ While the actual submission time for 
each Single-Establishment and Multi-Establishment filer varies,\30\ for 
purposes of this Notice the EEOC estimates that it will take an average 
filer under three hours to complete their EEO-1 Component 1 Report. The 
EEOC estimates a lower burden per filer for the 2022, 2023, and 2024 
EEO-1 Component 1 data collections as a result of the following 
measures to streamline how filers submit their workforce demographic 
data: (1) discontinuation of the ``Type 6'' Establishment List Report; 
(2) auto-population and auto-generation of ``Consolidated Reports'' for 
Multi-Establishment filers within the

[[Page 67912]]

EEO-1 Component 1 Online Filing System (OFS); and (3) implementation of 
a single ``Establishment-Level Report'' for each non-headquarters 
establishment regardless of size.
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    \29\ This total includes the 65,743 ``Consolidated Reports'' 
(formerly ``Type 2'' Report) submitted by Multi-Establishment 
filers, which are auto-populated and auto-generated by the EEO-1 
Component 1 Online Filing System. While these reports contribute to 
the total report count, they have no associated burden.
    \30\ Burden for Single-Establishment filers is based on a single 
report. Burden for Multi-Establishment filers is cumulative and is 
based on the report type combination. EEO-1 Component 1 project 
staff estimate the average completion time for the ``Consolidated 
Report'' would be 0 minutes since this report is auto-populated and 
auto-generated within the EEOC's electronic web-based EEO-1 
Component 1 Online Filing System for all Multi-Establishment filers 
with data from their ``Headquarters Report'' and ``Establishment-
Level Report(s).'' The completion of the ``Headquarters Report'' 
adds an average of 50 minutes to the burden, and the completion of 
``Establishment-Level Report(s)'' adds an average of 2.5 hours to 
burden. Therefore, a Multi-Establishment filer will have an average 
burden of 3.3 hours (0 hours for the ``Consolidated Report'', plus 
50 minutes for the ``Headquarters Report'', plus 2.5 hours for the 
``Establishment-Level Report(s)'').
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    An estimate of the total public burden (in hours) associated with 
the collection: Because it will take an average filer approximately 
three hours to complete its EEO-1 Component 1 Report, the collection of 
EEO-1 Component 1 data for reporting years 2022, 2023, and 2024 is 
estimated to impose 5,238,467 annual burden hours for 2,235,938 EEO-1 
Component 1 Reports filed each reporting year.

    For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2022-24518 Filed 11-9-22; 8:45 am]
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