[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62081-62082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19399]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION


Agency Information Collection Activities: Renewal Without Change 
of Existing Collection; Comment Request

AGENCY: Equal Employment Opportunity Commission.

ACTION: Final notice of information collection under review; ADEA 
waivers.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), 
the Equal Employment Opportunity Commission (EEOC or Commission) 
announces that it has submitted to the Office of Management and Budget 
(OMB) a request for a three-year extension without change of the 
existing collection requirements under the Waivers of rights and claims 
under the Age Discrimination in Employment Act (ADEA). No public 
comments were received in response to the EEOC's June 12, 2023 60-Day 
Notice soliciting comments on the proposed extension of this 
collection.

DATES: Written comments on this notice must be submitted on or before 
October 10, 2023.

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

FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal 
Counsel, (202) 921-2665 and [email protected], or Ashley T. Adams, 
General Attorney, (202) 921-2697 and [email protected], Office of 
Legal Counsel, 131 M Street NE, Washington, DC 20507. Requests for this 
notice in an alternative format should be made to the Office of 
Communications and Legislative Affairs at (202) 663-4191 (voice) or 
(202) 663-4494 (TTY).

SUPPLEMENTARY INFORMATION: The Age Discrimination in Employment Act 
(ADEA) allows for individuals to waive rights and claims protected 
under the Act, provided certain circumstances are met; particularly 
that the waiver is knowing and voluntary. In order for an individual's 
waiver in connection with a program to be considered knowing and 
voluntary, the employer must inform the individual in writing in a 
manner calculated to be understood by the average individual eligible 
to participate, as to (i) any class, unit, or group of individuals 
covered by such program, any eligibility factors for such program, and 
any time limits applicable to such program; and (ii) the job titles and 
ages of all individuals eligible or selected for the program, and the 
ages of all individuals in the same job classification or 
organizational unit who are not eligible or selected for the program.
    The EEOC's regulations clarify that the relevant section of the 
ADEA addresses two principal issues: to whom information must be 
provided, and what information must be disclosed to such

[[Page 62082]]

individuals. The purpose of the informational requirements is to 
provide an employee with enough information regarding the program to 
allow an employee to make an informed choice whether or not to sign a 
waiver agreement. The employer does not provide this information to the 
EEOC; the ADEA and the EEOC's regulation solely require that the 
employer provide this information to any employee it would apply to, 
and not to the Federal government.
    The EEOC, in accordance with the PRA and OMB regulation 5 CFR 
1320.8(d)(1), provides the general public and Federal agencies with an 
opportunity to comment on proposed, revised, and continuing collections 
of information. This helps the EEOC to assess the impact of its 
information collection requirements and minimize the public's reporting 
burden. It also helps the public to understand the EEOC's information 
collection requirements and provide the requested data in the desired 
format. The EEOC is soliciting comments on the information collection 
that is described below. The EEOC is especially interested in public 
comment that will assist in the following: (1) Evaluating whether the 
collection of information is necessary for the proper performance of 
the Commission's functions, including whether the collection has 
practical utility; (2) Evaluating the accuracy of the Commission's 
estimate of the burden of the collection of information, including the 
validity of the methodology and assumptions used; (3) Enhancing the 
quality, utility, and clarity of the information to be collected; and 
(4) Minimizing 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. Please note that written comments received in response to 
this notice will be considered public records.

Overview of This Information Collection

    Collection title: Waivers of Rights and Claims Under the ADEA; 
Informational Requirements.
    OMB number: 3046-0042.
    Type of Respondent: Business, state or local governments, not for 
profit institutions.
    Description of affected public: Any employer with 20 or more 
employees that seeks waiver agreements in connection with exit 
incentive or other employment termination program.
    Number of respondents: 1,489.
    Burden Hours per Respondent: 16.19.
    Total Annual Burden Hours: 24,107.
    Number of forms: 0.
    Abstract: The EEOC enforces the Age Discrimination in Employment 
Act (ADEA), which prohibits discrimination against employees and 
applicants for employment who are age 40 or older. The OWBPA, enacted 
in 1990, amended the ADEA to require employers to disclose certain 
information to employees (but not to EEOC) in writing when they ask 
employees to waive their rights under the ADEA in connection with an 
exit incentive program or other employment termination program. The 
regulation at 29 CFR 1625.22 reiterates those disclosure requirements. 
The EEOC seeks an extension without change for the third-party 
disclosure requirements contained in this regulation. On June 12, 2023, 
the Commission published a 60-Day Notice informing the public of its 
intent to request an extension of the information collection 
requirements from the Office of Management and Budget. 88 FR 38047-49 
(June 12, 2023). No comments were received.

    For the Commission.

    Dated: September 1, 2023.
Charlotte A. Burrows,
Chair, U.S. Equal Employment Opportunity Commission.
[FR Doc. 2023-19399 Filed 9-7-23; 8:45 am]
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