96-32743. Agency Information Collection Activities: Proposed Collection; Comments Request

[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Notices]
[Page 68040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32743]


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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

RIN 3046-AA45


Agency Information Collection Activities: Proposed Collection; 
Comments Request

AGENCY: Equal Employment Opportunity Commission.

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, 44 
U.S.C. Chapter 5, the Commission announces that it intends to submit to 
the Office of Management and Budget (OMB) a request for an extension 
without change the existing collection requirements under 29 CFR Part 
1602 et seq., Recordkeeping and Reporting Requirement under Title VII 
and the ADA. The Commission is seeking public comments on the proposed 
extension.

DATES: Written comments on this notice must be submitted on or before 
February 24, 1997.

ADDRESSES: Comments should be submitted to Frances M. Hart, Executive 
Officer, Executive Secretariat, Equal Employment Opportunity 
Commission, 10th Floor, 1801 L Street, N.W., Washington, D.C. 20507. As 
a convenience to commentators, the Executive Secretariat will accept 
comments transmitted by facsimile (``FAX'') machine. The telephone 
number of the FAX receiver is (202) 7663-4114. (This is not a toll free 
number.) Only comments of six or fewer pages will be accepted via FAX 
transmittal. This limitation is necessary to assure access to the 
equipment. Receipt of FAX transmittals will not be acknowledged, except 
that the sender may request confirmation of receipt by calling the 
Executive Secretariat staff at [phone] (voice) or [phone] 
(TDD). (These are not toll free telephone numbers.) Copies of comments 
submitted by the public will be available for review at the 
Commission's library, Room 6502, 1801 L Street, N.W., Washington, D.C. 
20507 between the hours of 9:30 a.m. and 5:00 p.m.

FOR FURTHER INFORMATION CONTACT:
Nicholas M. Inzeo, Deputy Legal Counsel, Thomas J. Schlageter, 
Assistant Legal Counsel or Stephanie D. Garner, Senior Attorney, at 
[phone] or TDD [phone]. This notice is also available in 
the following formats: large print, braille, audio tape and electronic 
file on computer disk. Requests for this notice in an alternative 
format should be made to the Publications Center at 1-800-669-3362.

SUPPLEMENTARY INFORMATION: The Equal Employment Opportunity Commission 
(EEOC) enforces Title VII of the Civil Rights Act of 1964 and Title I 
of the Americans with Disabilities Act, which prohibit discrimination 
on the basis of race, color, religion, sex, national origin or 
disability. Sections 709(c) of Title VII and section 107(a) of the ADA 
authorize the EEOC to issue recordkeeping and reporting regulations 
that are deemed reasonable, necessary or appropriate. EEOC has 
promulgated recordkeeping regulations under those authorities that are 
contained in 29 CFR 1602. Those regulations do not require the creation 
of any particular records but generally require employers to preserve 
any personnel and employment records it makes or keeps for a period of 
one year. The EEOC seeks extension of these regulations without change.

    Collection Title: Recordkeeping and Reporting under Title VII and 
the ADA.
    OMB Control Number: 3046-0040.
    Description of Affected Public: Employers with 15 or more employees 
are subject to Title VII and the ADA.
    Responses: 627,000
    Reporting Hours: One
    Federal Cost: None
    Number of Forms: None
    Abstract: Section 709(c) of Title VII, 42 U.S.C. 2000e-8(c) and 
section 107(a) of the ADA, 42 U.S.C. 12117(a) require the Commission to 
establish regulations pursuant to which employers subject to those Acts 
shall make and preserve certain records to assist the EEOC in assuring 
compliance with the Acts' nondiscrimination requirements in employment.
    This is a recordkeeping requirement. 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 because they are incorporated 
by reference into the ADA at section 107(a).
    Burden Statement: The EEOC estimates that there will be no 
increased burden on employers. All employers subject to Title VII are 
subject to the ADA, and the same EEOC records retention requirements 
are applicable to both. As all employers with 15 or more employees are 
already required by the EEOC's Title VII regulations on recordkeeping 
to maintain the same records, and the extension does not require 
reports or the creation or maintenance of new documents, there is no 
increased burden.
    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 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.

    Dated: December 19, 1996.

    For the Commission.
Maria Borrero,
Executive Director.
[FR Doc. 96-32743 Filed 12-24-96; 8:45 am]
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