[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Notices]
[Pages 66716-66718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18421]


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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 
Elementary-Secondary Staff Information Report (EEO-5).

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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 Elementary-Secondary Staff Information Report (EEO-5).

DATES: Written comments on this notice must be submitted on or before 
October 15, 2024.

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 Raymond Windmiller, 
Executive Officer, Executive Secretariat, Equal Employment Opportunity 
Commission, 131 M Street NE, Washington, DC 20507.
    Fax: Comments totaling six or fewer pages can be faxed to (202) 
663-4114. 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) or (800) 669-6820 
(TTY).
    Instructions: All comments received must include the agency name 
and docket number. Comments 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, religion, sex, national origin, age, disability, or genetic 
information; or that promote or endorse services or products.
    Copies of comments received in response to this notice are also 
available for review at the Commission's library by appointment only at 
131 M Street NE, Suite 4NW08R, Washington, DC 20507. Members of the 
public may schedule an appointment by emailing [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 at (202) 921-3191 (voice), (800) 
669-6820 (TTY), or (844) 234-5122 (ASL Video Phone).

SUPPLEMENTARY INFORMATION: Since 1973, the EEOC has required EEO-5 
filers to submit workforce demographic data. All public elementary and 
secondary school systems and districts that are covered by Title VII of 
the Civil Rights Act of 1964, as amended (Title VII) \1\ and that have 
100 or more employees are required to file the workforce demographic 
data.
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    \1\ 42 U.S.C. 2000e, et seq.
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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-5 
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 from the most recent EEO-5 data collection reporting 
year (i.e., 2022), as well as ongoing updates by the EEOC to the EEO-5 
frame (i.e., filer roster or master list), the EEOC anticipates the 
total number of filers submitting an EEO-5 report may increase to 
10,500 per biennial collection. Accordingly, the burden estimates in 
this Notice are based on this revised estimate of the number of filers.

[[Page 66717]]

Overview of Information Collection

    Collection Title: Elementary-Secondary Staff Information Report 
(EEO-5).
    OMB Number: 3046-0003.
    Frequency of Report: Biennial.
    Type of Respondent: Public elementary and secondary school systems 
and districts that have 100 or more employees and meet certain 
criteria.
    Description of Affected Public: Public elementary and secondary 
school systems and districts that have 100 or more employees and meet 
certain criteria.
    Reporting Hours: 17,927 hours per biennial collection.
    Respondent Burden Hour Cost: $597,472.29 per biennial collection.
    Federal Cost: $492,635 per biennial collection.
    Number of Filers: 10,500 per biennial collection.\2\
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    \2\ This figure is based on the expanded frame of potentially 
eligible respondents and the response rate for the most recently 
completed EEO-5 data collection (2022 EEO-5 data collection).
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    Number of Responses: 10,500 per biennial collection.
    Number of Forms: 1.
    Form Number: EEOC Form 168A.
    Abstract: Section 709(c) of 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.\3\ Pursuant to this statutory authority, the EEOC 
issued regulations prescribing the reporting and related record 
retention requirements for public elementary and secondary school 
systems and districts.\4\ The regulations require school systems or 
districts to make or keep all records necessary for completion of an 
EEO-5 submission and retain those records for three years, and require 
EEO-5 filers to retain a copy of each filed EEO-5 report for three 
years. These recordkeeping requirements are part of standard 
administrative practices, and as a result, the EEOC believes that any 
impact on burden would be negligible and nearly impossible to quantify. 
Additionally, the regulations require public elementary and secondary 
school systems and districts to file executed copies of the EEO-5 in 
conformity with the directions set forth in the form and accompanying 
instructions. Under this authority, public elementary and secondary 
school systems and districts with 100 or more employees are required to 
report biennially \5\ the number of individuals they employ by activity 
assignment classification (i.e., job category) \6\ and by sex and race 
or ethnicity.
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    \3\ 42 U.S.C. 2000e-8(c).
    \4\ The EEOC's EEO-5 regulation is at 29 CFR part 1602 Subparts 
L and M. The EEOC is responsible for obtaining OMB's PRA approval 
for the EEO-5 report.
    \5\ Beginning in 1982, the EEO-5 report has been collected 
biennially in even-numbered years. Prior to 1982, the EEO-5 report 
was collected annually.
    \6\ The activity assignment classifications (i.e., job 
categories) are: Officials, Administrators, Managers; Principals; 
Assistant Principals; Elementary Classroom Teachers, Secondary 
Classroom Teachers and Other Classroom Teachers; Guidance; 
Psychological; Librarians/Audiovisual Staff; Consultants and 
Supervisors of Instruction; Other Professional Staff; Teacher Aides; 
Technicians; Administrative Support Workers; Service Workers; 
Skilled Crafts; Laborers and Helpers; Professional Instructional; 
Other Professional Staff.
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    Please note that on March 28, 2024, OMB published revisions, the 
first since 1997, to its Statistical Policy Directive No. 15: Standards 
for Maintaining, Collecting, and Presenting Federal Data on Race and 
Ethnicity.'' See https://spd15revision.gov/. The revisions include, for 
example, using a single combined race and ethnicity question and adding 
Middle Eastern or North African (MENA) as a new minimum reporting 
category. Federal agencies, including the EEOC, are required to bring 
their data collections into compliance with these standards by March 
28, 2029. Because the EEOC's current EEO-5 PRA clearance expires 
January 31, 2025, the agency is not proposing updates to its collection 
of race and ethnicity data under this Notice in order to provide filers 
with sufficient notice of the revised standards and to give the EEOC 
sufficient time to implement the revisions across its EEO collections.
    These data are currently collected electronically by the EEOC 
through a web-based data collection application (i.e., portal) referred 
to as the EEO-5 Online Filing System (OFS).\7\ Filers must submit their 
data electronically to the web-based portal by either manual entry or 
by uploading a data file. The individual EEO-5 reports are 
confidential.\8\ EEO-5 data are used by the EEOC to investigate charges 
of employment discrimination against public elementary and secondary 
school systems and districts and to publish periodic reports on 
workforce demographics.\9\
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    \7\ EEO-5 filers may access the EEO-5 Online Filing System 
through the EEOC's dedicated EEO-5 website at www.eeocdata.org/eeo5.
    \8\ 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-
5 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, the EEOC gives access to 
information collected under Title VII only if the agencies agree in 
writing 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-5 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-5 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.
    \9\ Any reports the EEOC publishes based on EEO-5 data include 
only aggregated 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 EEOC's Office of Enterprise Data and 
Analytics (OEDA) administers the agency's data collections, including 
the EEO-5. Since OEDA's creation in 2018, the EEOC has undertaken 
several efforts to modernize the agency's data 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 has undertaken 
measures to enhance the agency's EEO-5 data frame of potentially 
eligible filers as well as changes that make the EEO-5 filing process 
more user-friendly and less burdensome. By comparing the EEOC's 2022 
EEO-5 frame to the U.S. Department of Education's publicly available 
Common Core of Data (CCD) database,\10\ OEDA identified approximately 
4,000 additional public elementary and secondary school systems and 
districts that may be eligible to file during the next biennial data 
collection. With the addition of these filers to the EEO-5 frame and 
considering response rates during the 2022 EEO-5 data collection, OEDA 
now estimates 10,500 potential respondents

[[Page 66718]]

(a 47% increase) to the agency's next EEO-5 data collection.\11\
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    \10\ According to the U.S. Department of Education, the CCD is 
the department's primary database on public elementary and secondary 
education in the United States. The CCD serves as a ``comprehensive, 
annual, national database'' of all public elementary and secondary 
schools and school districts. See https://nces.ed.gov/ccd/.
    \11\ This estimate covers public elementary and secondary school 
systems or districts with 100 or more employees within the 50 United 
States and the District of Columbia as well as the Commonwealth of 
Puerto Rico, the U.S. Virgin Islands, and the U.S. Possessions of 
American Samoa, Guam, Northern Mariana Islands, and Wake Island. 
Please note that 10,500 respondents may ultimately turn out to be an 
overestimate. Following the initial enhancement of the EEO-5 frame, 
collection data may yield an unknown number of ineligible filers.
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    The EEOC has also updated its methodology for calculating the 
biennial burden of the EEO-5 to better reflect the types of personnel 
responsible for preparing and filing these reports on behalf of their 
employers. Based upon job titles provided during the 2022 EEO-5 data 
collection by individuals completing the report within the EEO-5 OFS, 
the EEOC has identified six specific job categories which account for 
the largest amount of time spent biennially on EEO-5 reporting. These 
job categories include: (1) Human Resource Specialists; (2) Executive-
Level Staff; (3) Secretaries and Administrative Assistants; (4) 
Bookkeeping, Accounting, and Auditing Clerks; (5) Administrative 
Services and Facilities Managers; and (6) Database Administrators and 
Architects.\12\
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    \12\ Hourly wage rates for these six job categories were 
obtained from the U.S. Department of Labor's Bureau of Labor 
Statistics (BLS) Occupational Outlook Handbook. See https://www.bls.gov/ooh/. Please note that the actual job titles reported 
during the 2022 EEO-5 data collection were collapsed into these six 
BLS occupational categories.
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    Additionally, the EEO-5 OFS captures detailed information on when 
each filer starts and certifies its report. The EEOC used this 
information from the most recent EEO-5 data collection to calculate 
more precise burden hour estimates.\13\ In table 1 below, the estimated 
average hour burden per report is 1.7 hours. The total estimated 
biennial respondent burden for all filers is 17,927 hours. The 
estimated average burden hour cost per report is $56.90, and the 
estimated total burden hour cost for all filers per biennial collection 
is $597,472.29.
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    \13\ The time estimates are based on the average time elapsed 
among filers who completed their reports during the same calendar 
day within the EEO-5 OFS. This methodology was chosen because a 
single-session submission would also approximate the completion time 
over several, multi-day sessions.

                                       Table 1--Projected Burden for Each EEO-5 Biennial Reporting Year (N=10,500)
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                                                          Percent in job   Median hourly     Hours per     Total burden      Cost per      Total burden
                   Staff job category                      category (%)      wage rate        report           hours          report         hour cost
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Human Resource Specialists..............................            39.1          $30.88             1.9           7,807          $58.67     $241,078.65
Executive-Level Staff...................................            15.9           48.12             1.7           2,829           81.80      136,153.91
Secretaries and Administrative Assistants...............            14.1           21.19             1.8           2,674           38.14       56,659.49
Bookkeeping, Accounting, and Auditing Clerks............            14.0           22.05             1.3           1,904           28.67       41,993.03
Administrative Services and Facilities Managers.........             7.7           48.98             1.4           1,137           68.57       55,707.84
Database Administrators and Architects..................             3.0           53.91             1.3             414           70.08       22,301.40
Other \a\...............................................             6.1           37.52             1.8           1,161           67.54       43,577.97
Average.................................................  ..............  ..............             1.7  ..............           56.90  ..............
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    Total \b\...........................................           100.0  ..............  ..............          17,927  ..............      597,472.29
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\a\ The average hourly wage rate for the ``Other'' category was derived by taking the weighted mean average of the hourly wage rates of the six BLS job
  categories listed in the above table.
\b\ These estimates are based upon filers' use of the EEO-5 OFS to submit reports electronically because paper submissions are no longer accepted.
  Electronic filing remains the most efficient, accurate, and secure means of reporting for respondents required to submit EEO-5 data.


    Dated: August 12, 2024.

    For the Commission.
Charlotte A. Burrows,
Chair.
[FR Doc. 2024-18421 Filed 8-15-24; 8:45 am]
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