[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27504-27509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09216]


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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 has submitted to the Office of Management and Budget (OMB) a 
request for a three-year PRA approval of revisions to Component 1 of 
the Employer Information Report (EEO-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.

DATES: Written comments on this notice must be submitted on or before 
June 1, 2023.

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

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: A notice that the EEOC would be submitting 
this request was published in the Federal Register on November 10, 
2022, allowing for a 60-day public comment period which ended on 
January 9, 2023.\1\ Two comments were received from the public.
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    \1\ See Notice of Information Collection 87 FR 67907 (Nov. 10, 
2022) at https://www.federalregister.gov/documents/2022/11/10/2022-24518/agency-information-collection-activities-existing-collection.
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I. Background

A. The EEO-1 Component 1 Report 2
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    \2\ 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.
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    Since 1966, the EEOC has required eligible employers to submit 
workforce demographic data (EEO-1 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),\3\ and that have 100 or more employees 
are required to file the workforce demographic data. In addition, 
Office of Federal Contract Compliance Programs (OFCCP) regulations 
require certain federal contractors to file the EEO-1 Component 1 if 
they have 50 or more employees and are not exempt as provided for by 41 
CFR 60-1.5.
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    \3\ 42 U.S.C. 2000e, et seq.
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B. The 60-Day Notice: Request for Three-Year PRA Approval of Revisions 
to the EEO-1 Component 1

    Pursuant to the PRA and OMB regulations found at 5 CFR 
1320.8(d)(1), the Commission published a Notice in the Federal Register 
on November 10, 2022 soliciting public comments during a 60-day period 
(``60-day Notice'') on its intention to seek three-year OMB approval of 
revisions to the currently approved EEO-1 Component 1. In its 60-day 
Notice, the EEOC sought to: (1) Evaluate whether the proposed 
collection of information is necessary for the proper performance of 
the

[[Page 27505]]

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). The 60-day Notice comment period 
ended on January 9, 2023.
    As discussed in the 2019 and 2020 Federal Register Notices 
associated with the agency's previous request for clearance of 
Component 1,\4\ 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 EEO data collections, including 
the EEO-1 Component 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 includes changes that make the EEO-1 
Component 1 filing process more user-friendly and less burdensome.
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    \4\ 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 employers 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 former ``Type 4'' and ``Type 8'' establishment reports and 
the former ``Type 6'' establishment list report, there will be a newly 
named ``Establishment-Level Report.'' \5\ All multi-establishment 
employers will use the ``Establishment-Level Report'' to submit 
establishment-level employee demographic data for each of their non-
headquarters establishment(s) regardless of size. With this change, a 
multi-establishment employer 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'' establishment report. Multi-
establishment employers 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, each ``Consolidated Report'' for every multi-
establishment employer 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 (OFS).\6\ A single-establishment employer is still 
required to submit only one report, a ``Single-Establishment Employer 
Report'' \7\ (formerly referred to as a ``Type 1'' single establishment 
report).
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    \5\ The ``Type 4'' report contained establishment-level employee 
demographic data at a non-headquarters establishment with 50 or more 
employees. The ``Type 8'' report contained establishment-level 
employee demographic data at a non-headquarters establishment with 
fewer than 50 employees. The ``Type 6'' establishment list report 
contained the name and address of each non-headquarters 
establishment with fewer than 50 employees, as well as the total 
number of employees at each such establishment. A multi-
establishment employer choosing the option to submit a ``Type 6'' 
establishment list report, instead of a ``Type 8'' report, was 
required to manually enter employee demographic data by job category 
and sex and race or ethnicity into the accompanying ``Type 2'' 
consolidated report for every employee of every establishment 
included on the ``Type 6'' establishment list report.
    \6\ With the discontinuation of the option to use a ``Type 6'' 
establishment list report, a ``Consolidated Report'' can be auto-
populated and auto-generated with data from a multi-establishment 
employer's ``Headquarters Report'' and ``Establishment-Level 
Report(s)'' within the EEOC's electronic, web-based EEO-1 Component 
1 Online Filing System (OFS).
    \7\ This was referred to as a ``Single-Establishment Filer 
Report'' in the 60-day Notice published on November 10, 2022 in the 
Federal Register.
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II. The Public Comments on the 60-day Notice

    The 60-day Notice was published in the Federal Register on November 
10, 2022.\8\ The EEOC received two comments during the public comment 
period, both of which were published on the www.regulations.gov 
website.\9\ The first comment consisted of a brief statement of support 
for the EEOC's proposal to create a single type of establishment-level 
report.\10\ The second comment was a letter submitted by a non-profit 
association of employers hereinafter referred to as ``the employer 
association.'' \11\
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    \8\ Available at https://www.federalregister.gov/documents/2022/11/10/2022-24518/agency-information-collection-activities-existing-collection.
    \9\ Available at https://www.regulations.gov/docket/EEOC-2022-0005.
    \10\ Available at https://www.regulations.gov/comment/EEOC-2022-0005-0002.
    \11\ Available at https://www.regulations.gov/comment/EEOC-2022-0005-0003.
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    The employer association stated at the outset that the EEO-1 
Component 1's ``structure, content, and filing options have worked well 
over the years and, as a general matter, [the employer association] 
supports the continuation of the current structure.'' Although the 
employer association stated that it ``supports renewal of Component 1 
and the revisions proposed by the EEOC'' and ``believes that the 
burdens imposed by the data collection requirement are justified,'' it 
stated that the EEOC's burden estimate is ``too low.'' Additionally, 
the employer association supported the consolidation of the ``Type 4'' 
and ``Type 8'' establishment reports into a single establishment-level 
report as well as the proposed changes to the names of the EEO-1 
Component 1 report types.\12\ However, the employer association 
believes the EEOC should have sought stakeholder input and approval 
before discontinuing the option to use a ``Type 6'' establishment list 
report for establishments with fewer than 50 employees and recommends 
that ``the EEOC incorporate into its burden estimates the number of 
locations covered by Type 6 Establishment Lists.''
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    \12\ 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.''
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III. Commission Decisions and Final EEOC Proposals to OMB

The EEOC Will Seek Three-Year Approval of Revisions to the Currently 
Approved Component 1 of the EEO-1 Employer Information Report

    After evaluating the two comments received from the public during 
the 60-day Notice, the Commission has decided it will seek a three-year 
approval by OMB of revisions to EEO-1 Component 1 for reporting years 
2022, 2023, and 2024, as described in this Notice. Based on data trends 
over the last three EEO-1 Component 1 data collection reporting years 
(i.e., 2019,

[[Page 27506]]

2020, and 2021), as well as the EEOC's ongoing updates to the EEO-1 
Component 1 frame (i.e., filer roster/list or employer roster/list), 
the EEOC believes the total number of filers submitting at least one 
report type may increase to 110,000 for reporting years 2022 through 
2024. Table 1 below in the Formal Paperwork Reduction Act Statement 
section provides a breakdown of the estimated number of reports by 
report type that will be submitted by the estimated 110,000 filers. 
Accordingly, the EEOC is calculating the burden estimates in this 
Notice based on the revised estimate of the number of filers set forth 
below in Table 1.
    After reviewing the comment submitted by the employer association 
referenced above, the EEOC believes the commenter has misinterpreted 
the burden estimates provided in the 60-day Notice. The employer 
association objects to what it characterizes as the EEOC's estimate 
that ``completing all Establishment-Level Reports will take an average 
of 2.5 hours.'' (Emphasis added.) As Table 1 below shows, the EEOC 
instead estimates that each ``Establishment-Level Report'' will take on 
average 150 minutes (2.5 hours) to complete. Thus, the employer 
association correctly notes that some employers may spend ``dozens of 
hours or more on Component 1 compliance'' depending on the number of 
``Establishment-Level Report(s)'' filed by a particular employer. Even 
with this, the Commission believes that the burden estimates provided 
in the 60-day Notice generally overestimate the burden on employers 
with the largest numbers of establishments. This is because such 
employers are much more likely to be using a Human Resource Information 
System (HRIS) \13\ which can automatically generate their headquarters 
reports and establishment reports into a single data file upload. While 
large multi-establishment employers tend to utilize the data file 
upload feature, which is much more efficient, the EEOC did not assume 
this in its burden calculations.
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    \13\ For example, during the 2021 EEO-1 Component 1 reporting 
cycle, 78% of filers with 100 or more establishments submitted their 
demographic workforce data via the EEOC's data file upload function 
as opposed to manually entering their data by establishment into the 
EEO-1 Component 1 Online Filing System (OFS).
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    Although the EEOC is not changing the ``average reporting time'' or 
``aggregate reporting time'' associated with each report, the agency 
has clarified the discussion of the reporting times below in the Formal 
Paperwork Reduction Act Statement section. In the 60-day Notice, the 
EEOC stated an ``aggregate reporting time'' of 5,150,488 hours for 
multi-establishment employers submitting ``Establishment-Level 
Reports.'' Upon further review, this figure could be confusing to 
members of the public given that multi-establishment employers must 
also submit ``Consolidated Reports'' and ``Headquarters Reports.'' As 
originally written, the 5,150,488 figure referred to the estimated 
number of hours associated with ``Establishment-Level Reports'' only. 
However, given the reference to ``aggregate reporting time,'' the EEOC 
has clarified that when accounting for the ``aggregate reporting time'' 
for EEO-1 Component 1 multi-establishment employers to complete a 
``Consolidated Report'' (0 hours) and a ``Headquarters Report'' (54,786 
hours), the total aggregate reporting time for such filers is 5,205,274 
hours.
    With respect to the employer association's comment regarding the 
``Type 6'' establishment list report, the EEOC maintains that the 
burden estimates already account for the discontinuation of the ``Type 
6'' option. The 2,060,195 ``Establishment-Level Reports'' that the 
Commission expects to receive is extrapolated from the total of 
previous years' ``Type 4'' and ``Type 8'' establishment reports, 
combined with the number of locations previously included on ``Type 6'' 
reports (which the commenter correctly notes will now each require an 
``Establishment-Level Report''). The burden estimates are further 
expanded to account for the anticipated increase in the number of 
filers.
    Furthermore, the Commission does not agree with the commenter's 
assertion that replacing the ``Type 6'' establishment list report with 
an ``Establishment-Level Report'' is ``by definition more burdensome 
and costly.'' In the past, a multi-establishment employer that chose to 
submit a ``Type 6'' report (instead of a ``Type 8'' report for each 
non-headquarters establishment with fewer than 50 employees) was 
required to provide the name and address of each such establishment, as 
well as the total number of employees at each establishment as part of 
this report. A multi-establishment employer choosing this option would 
then be required to manually enter employee demographic data by job 
category and sex and race or ethnicity into the accompanying ``Type 2'' 
consolidated report for every employee of every establishment included 
on the ``Type 6'' establishment list report. As detailed in the EEOC's 
Information Collection Review (ICR) package for reporting years 2019, 
2020, and 2021, there was a higher burden associated with the ``Type 
6'' report compared to the ``Type 8'' report for this reason. For the 
``Type 6'' report, the average estimated reporting time was 480 minutes 
versus 180 minutes for the ``Type 8'' report.
    With the discontinuation of the option to use a ``Type 6'' 
establishment list report instead of a ``Type 8'' report for non-
headquarters establishments with fewer than 50 employees, a 
``Consolidated Report'' can be auto-populated and auto-generated with 
data from a multi-establishment employer's ``Headquarters Report'' and 
``Establishment-Level Report(s)'' within the EEOC's electronic, web-
based EEO-1 Component 1 Online Filing System (OFS). Further, as 
previously noted, employers with multiple establishments are likely 
already using HRIS software to generate their reports, in which case 
providing demographics at the establishment level for each location can 
be performed in an automated fashion.

IV. Formal Paperwork Reduction Act Statement

A. 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: $273,137,678.30 per annual 
collection.\14\
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    \14\ This estimate is based on the most recent median pay data 
from the U.S. Bureau of Labor Statistics (BLS). The EEOC estimated 
that a computer network specialist would account 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 $34.87. See U.S. Dept. of 
Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, 
https://www.bls.gov/ooh/. Wages cited are median hourly wages. The 
``respondent burden hour cost'' has increased slightly from the 60-
day Notice because one of the input wages listed above (i.e., 
database administrator and architect) was updated by BLS after the 
60-day Notice was published.
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    Federal Cost: $3,892,230.00 per annual collection.\15\
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    \15\ The ``federal cost'' has decreased slightly (i.e., by 
$221,158.50) from the 60-day Notice because of the input of lower 
federal staffing costs for the EEOC's Office of Enterprise Data and 
Analytics (OEDA), which administers the EEO-1 Component 1 data 
collection.

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[[Page 27507]]

    Number of Filers: 110,000 per annual collection.\16\
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    \16\ 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 
(approximately 98,000 filers). Based on the increases over the last 
three EEO-1 Component 1 data collection cycles, as well as the 
EEOC's ongoing updates to the frame (i.e., filer roster/list or 
employer roster/list), the EEOC estimates an increase of 12,000 
potentially eligible filers compared to the number of filers during 
the 2021 EEO-1 Component 1 data collection.
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    Number of Responses: 2,235,938 reports per annual collection.\17\
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    \17\ In the 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'' refers to the following 
types of reports: a ``Single-Establishment Employer Report,'' a 
``Consolidated Report,'' a ``Headquarters Report,'' and an 
``Establishment-Level Report.''
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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 
reports as the Commission prescribes by regulation or order.\18\ 
Pursuant to this statutory authority, the EEOC in 1966 issued a 
regulation requiring certain employers to file executed copies of the 
Employer Information Report (EEO-1) and instructed employers to report 
employee data by job category and by sex and race or ethnicity.\19\ 
Pursuant to Executive Order 11246,\20\ 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.\21\ 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 \22\ and by sex and race or 
ethnicity.\23\ 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 (OFS).\24\ 
Employers 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.\25\ 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.\26\
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    \18\ 42 U.S.C. 2000e-8(c).
    \19\ The EEOC's EEO-1 regulation is at 29 CFR part 1602 subpart 
B. Sec.  1602.7 requires eligible employers to file ``. . . in 
conformity with the directions set forth in the form and 
accompanying instructions.'' The EEOC is responsible for obtaining 
OMB's PRA approval for the EEO-1 report.
    \20\ Exec. Order No. 11246, 30 FR 12319 (Sept. 24, 1965).
    \21\ 41 CFR 60-1.7(a). OFCCP obtains EEO-1 Component 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 Component 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. 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)).
    \22\ 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.
    \23\ 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.
    \24\ EEO-1 Component 1 filers may access the EEO-1 Component 1 
Online Filing System (OFS) through the EEOC's dedicated EEO-1 
Component 1 website at www.eeocdata.org/eeo1.
    \25\ 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 state and local 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.
    \26\ Any reports the EEOC publishes based on EEO-1 Component 1 
data include only aggregated EEO-1 Component 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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B. Burden Statement

    The annual estimated burden for the prior EEO-1 Component 1 
Information Collection Review (ICR) for reporting years 2019, 2020, and 
2021 was 9,140,226 hours.\27\ For the proposed package for reporting 
years 2022, 2023, and 2024, the EEOC is using the same methodology for 
calculating burden and considering the same factors as the agency did 
for the prior ICR. However, as detailed below, the EEOC's plan to use a 
single ``Establishment-Level Report'' and an auto-populated and auto-
generated ``Consolidated Report,'' as well as the increasing usage by

[[Page 27508]]

employers of the data file upload function, significantly reduced the 
annual estimated aggregate filer burden under the proposed package from 
9,140,226 to 5,238,467 hours.
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    \27\ See Notice of Information Collection 84 FR 48,138 (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 16,348 
(Mar. 23, 2020) at https://www.govinfo.gov/content/pkg/FR-2020-03-23/pdf/2020-06008.pdf.
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    The methodology used in the 30-day Notice to calculate the burden 
for the collection of EEO-1 Component 1 data is to separate single-
establishment and multi-establishment employers and calculate the 
burden by considering the following factors: (1) the type of filer 
(i.e., single-establishment or multi-establishment employer); (2) the 
combination of report types submitted by the filer (i.e., for single-
establishment employers, the ``Single-Establishment Employer Report'' 
or, for multi-establishment employers, the ``Consolidated Report,'' 
``Headquarters Report,'' and ``Establishment-Level Report(s)''); \28\ 
and (3) the total number of reports employers will certify to complete 
their EEO-1 Component 1 submission.
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    \28\ A single-establishment employer is required to submit only 
a ``Single-Establishment Employer Report.'' A multi-establishment 
employer is required to submit a summary ``Consolidated Report,'' a 
``Headquarters Report,'' and a separate ``Establishment-Level 
Report'' for each non-headquarters establishment. The ``Consolidated 
Report'' is auto-populated and auto-generated for all multi-
establishment employers within the EEOC's EEO-1 Component 1 Online 
Filing System (OFS) with data from their ``Headquarters Report'' and 
``Establishment-Level Report(s).''
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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).\29\ At the end of the 2021 
EEO-1 Component 1 data collection, there were a total of 92,025 filers 
and a total of 1,507,468 reports submitted.\30\ Based on data trends 
over the last three EEO-1 Component 1 data collection reporting years 
(i.e., 2019, 2020, and 2021),\31\ as well as ongoing updates by the 
EEOC to the EEO-1 Component 1 frame (i.e., filer roster/list or 
employer roster/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 employers will continue to 
represent approximately 40% of EEO-1 Component 1 filers and will submit 
less than 2% of all reports, while multi-establishment employers 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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    \29\ The 2021 EEO-1 Component 1 data collection cycle opened on 
April 12, 2022 and ended on June 21, 2022.
    \30\ For the 2021 EEO-1 Component 1 data collection, these 
1,507,468 reports were made up of the following types of reports: 
``Type 1'' (now referred to as a ``Single-Establishment Employer 
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)'').
    \31\ 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.
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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.\32\ The EEOC estimates 44,257 single-establishment employers will 
submit a single ``Single-Establishment Employer Report,'' and it will 
take these filers 33,193 hours to do so. The EEOC estimates 65,743 
multi-establishment employers will submit 2,191,681 reports. By 
definition, all EEO-1 Component 1 multi-establishment employers must 
submit, at a minimum, a ``Consolidated Report,'' a ``Headquarters 
Report,'' and at least one ``Establishment-Level Report.'' The total 
number of ``Establishment-Level Reports'' filed by EEO-1 Component 1 
multi-establishment employers varies greatly, with the plurality of 
multi-establishment employers filing one establishment report,\33\ and 
a small number of multi-establishment employers filing many reports. A 
small number of multi-establishment employers account for a large 
portion of overall ``Establishment-Level Reports'' submitted.\34\
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    \32\ This total includes the 65,743 consolidated reports 
submitted annually by multi-establishment employers that are auto-
populated and auto-generated by the EEO-1 Component 1 Online Filing 
System (OFS). While these reports contribute to the total report 
count, they have no associated burden.
    \33\ For the 2021 EEO-1 Component 1 data collection, the modal 
(i.e., most common) number of reports submitted by multi-
establishment employers was three reports: one headquarters report, 
one establishment report, and one consolidated report. The median 
number of reports submitted by multi-establishment employers was 
eight reports: one headquarters report, six establishment reports, 
and one consolidated report.
    \34\ For example, in the 2021 EEO-1 Component 1 data collection, 
there were individual multi-establishment employers 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 employers submitting a ``Single-Establishment 
Employer Report,'' and a high of 5,205,274 hours for multi-
establishment employers submitting ``Consolidated Reports,'' 
``Headquarters Reports,'' and ``Establishment-Level Reports.'' When 
also accounting for the aggregate reporting time for EEO-1 Component 1 
single-establishment employers to complete a ``Single-Establishment 
Employer Report'' (33,193 hours), the total aggregate reporting time 
for all 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
                      Type of report                            Number of      reporting time    reporting time
                                                                 reports          (minutes)          (hours)
----------------------------------------------------------------------------------------------------------------
Single-Establishment Employer 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 Employer Report'' must be submitted by all single-establishment employers. A single-
  establishment employer is required to submit only one report. This report must contain demographic data for
  all the single-establishment employer's employees categorized by job category and sex and race or ethnicity.

[[Page 27509]]

 
\b\ A ``Consolidated Report'' is required for all multi-establishment employers. A ``Consolidated Report'' must
  contain demographic data for all the multi-establishment employer's employees (i.e., employees at headquarters
  and all establishments), categorized by job category and sex and race or ethnicity. The ``Consolidated
  Report'' is auto-populated and auto-generated within the EEOC's electronic web-based EEO-1 Component 1 Online
  Filing System (OFS) for all multi-establishment employers with data from their ``Headquarters Report'' and
  ``Establishment-Level Report(s).'' Therefore, there is no associated burden.
\c\ A ``Headquarters Report'' must be submitted by all multi-establishment employers. The report must contain
  demographic data for all the multi-establishment employer's headquarters employees, categorized by job
  category and sex and race or ethnicity.
\d\ An ``Establishment-Level Report'' must be submitted by all multi-establishment employers for each non-
  headquarters establishment. An ``Establishment-Level Report'' must contain establishment-level demographic
  data for all employees at each of the multi-establishment employer'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 employer has 10 non-
  headquarters establishments, the multi-establishment employer must submit 10 ``Establishment-Level Reports.''
  Beginning with the 2022 EEO-1 Component 1 data collection, multi-establishment employers 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 employer 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, and 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 employers) will submit one report (i.e., a 
``Single-Establishment Employer Report'') on a single establishment. It 
is estimated these single-establishment employers 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 employers) will report data on multiple establishments. 
For each reporting year, all multi-establishment employers must submit 
a ``Consolidated Report,'' a ``Headquarters Report,'' and an 
``Establishment-Level Report'' for each establishment, resulting in an 
estimated total of 2,191,681 reports submitted.\35\ While the actual 
submission time for each single-establishment employer and multi-
establishment employer varies, for purposes of this Notice the EEOC 
estimates that it will take a single-establishment employer 45 minutes 
and the modal (i.e., most common) multi-establishment employer 200 
minutes (i.e., 3.33 hours) to complete their EEO-1 Component 1 
report(s).\36\
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    \35\ This total includes the 65,743 ``Consolidated Reports'' 
submitted by multi-establishment employers, which are auto-populated 
and auto-generated by the EEO-1 Component 1 Online Filing System 
(OFS). While these reports contribute to the total report count, 
they have no associated burden.
    \36\ Burden for single-establishment employers is based on a 
single report. Burden for multi-establishment employers is 
cumulative and is based on the report type combination. The 
completion time for the ``Consolidated Report'' is 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 (OFS) 
for all multi-establishment employers with data from their 
``Headquarters Report'' and ``Establishment-Level Report(s).'' The 
completion of the ``Headquarters Report'' adds 50 minutes to the 
burden, and the completion of each ``Establishment-Level Report'' 
adds 150 minutes to the burden. Given the modal (i.e., most common) 
multi-establishment employer submitted one ``Consolidated Report,'' 
one ``Headquarters Report,'' and only one ``Establishment-Level 
Report,'' the modal multi-establishment employer will have a total 
burden of 200 minutes, or 3.33 hours (0 minutes for the 
``Consolidated Report,'' 50 minutes for the ``Headquarters Report,'' 
and 150 minutes for the one ``Establishment-Level Report''). Please 
note that the ``modal'' multi-establishment employer referenced here 
is based on the number of reports submitted by multi-establishment 
employers during the EEOC's most recent EEO-1 Component 1 data 
collection (i.e., 2021), which closed in summer 2022.
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    An estimate of the total public burden (in hours) associated with 
the collection: 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.

    Dated: April 24, 2023.

    For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2023-09216 Filed 5-1-23; 8:45 am]
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