[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
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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
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\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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