6570-01P

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities: Extension Without Change of an Existing
Collection; Comments Request
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice.
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, 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 extension
without change of the existing recordkeeping requirements under its regulations. The
Commission is seeking public comment on the proposed extension.
DATES: Written comments on this notice must be submitted on or before [INSERT DATE
60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
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 may be sent by fax machine 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),
(800) 669-6820 (TTY), or (844) 234-5122 (ASL Video Phone).
Instructions: All comments received will be posted without change to

http://www.regulations.gov, including any personal information you provide. 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 the received comments will be available for review at the Commission’s library,
131 M Street NE, Suite 4NW08R, Washington, DC 20507, between the hours of 9:00 a.m.
and 4:30 p.m. on days the Commission is open for business. You must make an appointment
with library staff.
FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal Counsel,
at (202) 921-3240 or kathleen.oram@eeoc.gov. Requests for this notice in an alternative
format should be made to the Office of Communications and Legislative Affairs at (202) 9213191 (voice), (800) 669-6820 (TTY), or (844) 234-5122 (ASL Video Phone).
SUPPLEMENTARY INFORMATION: The Equal Employment Opportunity Commission
enforces Title VII of the Civil Rights Act of 1964 (Title VII), Title I of the Americans with
Disabilities Act (ADA), and Title II of the Genetic Information Nondiscrimination Act of
2008 (GINA), which collectively prohibit discrimination on the basis of race, color, religion,
sex, national origin, disability, or genetic information. Section 709(c) of Title VII, section
107(a) of the ADA, and section 207(a) of GINA authorize the EEOC to issue recordkeeping
and reporting regulations that are deemed reasonable, necessary, or appropriate.1 The EEOC
has promulgated recordkeeping regulations under those authorities that are contained in 29
CFR part 1602. These regulations do not require the creation of any particular records but

While the Pregnant Workers Fairness Act (PWFA) also authorizes the EEOC to issue recordkeeping
regulations, this notice announces the EEOC’s intent to seek an extension of the existing recordkeeping
requirements under Title VII, the ADA, and GINA. Recordkeeping requirements concerning the PWFA will be
addressed separately.
generally require employers and labor organizations to preserve any personnel and
employment records they make or keep for a period of one year or two years, and possibly
longer if a charge of discrimination is filed.
Pursuant to the Paperwork Reduction Act of 1995, and OMB regulation 5 CFR 1320.8(d)(1),
the Commission solicits public comment to enable it to:
(1) Evaluate whether the 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 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 through 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 EEOC seeks an extension without change of OMB’s clearance under the PRA of the
recordkeeping requirements in 29 CFR part 1602.

Overview of Current Information Collection
Collection Title: Recordkeeping Under Title VII, the ADA, and GINA.
OMB Number: 3046-0040.
Description of Affected Public: Employers and labor organizations subject to Title VII.
Number of Respondents: 887,869.
Number of Reports Submitted: 0.
Estimated Burden Hours: 178,485.
Burden Hour Cost: $5,806,101.

Federal Cost: None.
Number of Forms: None.
Abstract: Section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.
2000e-8(c), section 107(a) of the ADA, 42 U.S.C. 12117(a), and section 207(a) of GINA, 42
U.S.C. 2000ff-6(a), direct the Commission to establish regulations pursuant to which entities
subject to those Acts shall make and preserve certain records to assist the EEOC in ensuring
compliance with the Acts’ prohibitions on employment discrimination. Accordingly, the
EEOC issued regulations setting out recordkeeping requirements for private employers (29
CFR 1602.14); employers, labor organizations, and joint labor-management committees that
control apprenticeship programs (29 CFR 1602.21(b)); labor organizations (29 CFR
1602.28(a)); state and local governments (29 CFR 1602.31); elementary and secondary school
systems or districts (29 CFR 1602.40); and institutions of higher education (29 CFR
1602.49(a)). Any of the records maintained which are subsequently disclosed to the EEOC
during an investigation are protected from public disclosure by the confidentiality provisions
of section 706(b) and 709(e) of Title VII, which are also incorporated by reference into the
ADA at section 107(a) and GINA at section 207(a).

Burden Statement: The estimated number of respondents subject to this recordkeeping
requirement is 887,869 entities, which combines estimates from private employment2, the

2 Source

of original data: 2021 Economic Census (https://www.census.gov/data/tables/2021/econ/susb/2021-susbannual.html). Local Downloadable CSV data. Select U.S. & states, 6 digit NAICS. The original number of
employers was adjusted to include only those with 15 or more employees.

public sector3, colleges and universities4, apprenticeship programs5, and referral unions6. An
entity subject to the recordkeeping requirement in 29 CFR part 1602 must retain all personnel
or employment records, records relating to apprenticeship, or union membership or referral
records made or kept by that entity for one year (private employers and referral unions) or two
years (public sector, colleges and universities, apprenticeship programs), and must retain any
records relevant to charges of discrimination filed under Title VII, the ADA, or GINA until
final disposition of those matters, which may be longer than one or two years. This
recordkeeping requirement does not require reports or the creation of new records, but merely
requires retention of records that an entity has already made or kept in the normal course of its
business operations. Thus, existing employers and labor organizations bear no burden under
this analysis because their systems for retaining these types of records are already in place.

Newly formed entities may incur a small burden when setting up their data collection and
retention systems to ensure compliance with EEOC’s recordkeeping requirements. We
assume some effort and time must be expended by new employers or labor organizations to
familiarize themselves with the Title VII, ADA, and GINA recordkeeping requirements and
explain those requirements to the appropriate staff. We estimate that 30 minutes would be
needed for this one-time familiarization process. Using projected business formation estimates
from the U.S. Census Bureau for 2023 and the number of new apprenticeship programs

3 Source

of original data: 2022 Census of Governments: Employment. Individual Government Data File
(https://www.census.gov/data/datasets/2022/econ/apes/2022.html), Local Downloadable Data zip file
“Individual Unit Files.” The original number of government entities was adjusted to include only those with 15
or more employees.
4 Source: U.S. Department of Education, National Center for Education Statistics, IPEDS, Fall 2022, Institutional
Characteristics component (provisional data). See Table 1, “Number and percentage distribution of Title IV
institutions, by control of institution, level of institution, and region: United States and other U.S. jurisdictions,
academic year 2022–23” (https://nces.ed.gov/ipeds/search/viewtable?tableId=35945&returnUrl=%2Fsearch).
5 Source: U.S. Department of Labor, Registered Apprenticeship National Results Fiscal Year 2021, Number of
active apprenticeship programs in 2021 (https://www.dol.gov/agencies/eta/apprenticeship/about/statistics/2021).
6 The EEOC has undertaken measures to enhance the agency’s existing EEO-3 data frame (i.e., roster) of
potentially eligible filers that was most recently used during the 2022 EEO-3 data collection. The number of
referral unions was estimated by comparing the EEOC’s 2022 EEO-3 frame to a list of active unions from the U.S.
Department of Labor’s Office of Labor Management Standards (OLMS) Online Public Disclosure Room (OPDR)
database (https://olmsapps.dol.gov/olpdr/).

established in 2021 provided by the Department of Labor, we estimate that there are 356,969
entities that would incur this start-up burden.7 Assuming a 30-minute burden per entity, the
total annual hour burden is 178,485 hours (.5 hour × 356,969 new entities = 178,485 hours).
The estimated associated burden hour cost to respondents is $5,806,101, or around $16.27 per
new entity.8

For the Commission,
Charlotte A. Burrows,
Chair.
[FR Doc. 2024-14602 Filed: 7/2/2024 8:45 am; Publication Date: 7/3/2024]

Sources: Business Formation Statistics from the U.S. Census Bureau
(https://www.census.gov/econ/bfs/index.html); Total projected business formation statistics (series BF_PBF4Q)
for 2023, across all industries, for the US, not seasonally adjusted; U.S. Department of Labor, New
Apprenticeship programs for 2021 (https://www.dol.gov/agencies/eta/apprenticeship/about/statistics/2021).
8 Burden hour cost estimates are based on the median hourly wage rate of $32.53 for Human Resources
Specialists obtained from the Bureau of Labor Statistics, May 2024 (see U.S. Department of Labor, Bureau of
Labor Statistics, Occupational Outlook Handbook, https://www.bls.gov/ooh/).