Recordkeeping Under Title VII, the ADA, and GINA

Forms and Documents

Document Name	Status
PRA supporting statement GINA recordkeeping 8.8.11.doc Supporting Statement A	2011-08-08

IC Document Collections

IC ID	Document Title	Status
29379	Recordkeeping Under Title VII, the ADA, and GINA	Modified

ICR Details

OMB Control No: 3046-0040	ICR Reference No: 201012-3046-002
Status: Historical Inactive	Previous ICR Reference No: 201001-3046-001
Agency/Subagency: EEOC	Agency Tracking No:
Title: Recordkeeping Under Title VII, the ADA, and GINA
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 08/08/2011
	Date Received in OIRA: 06/03/2011
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is not approved at this time. Prior to publication of the final rule, the agency should provide to OMB a summary of all comments received on the proposed information collection and identify any changes made in response to these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2013	36 Months From Approved	06/30/2013
Responses	899,580	0	899,580
Time Burden (Hours)	16,002	0	16,002
Cost Burden (Dollars)	0	0	0

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Abstract: Records created in the normal course of business by employers subject to Title VII, the ADA, and GINA will be maintained for a period of one year or two years to assist EEOC in assuring compliance with the Acts' nondiscrimination requirements.

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Authorizing Statute(s): US Code: 42 USC 12117 Name of Law: Americans with Disabilities Act
   US Code: 42 USC 2000ff Name of Law: Genetic Information Nondiscrimination Act of 2008 (“GINA”)
   US Code: 42 USC 2000e Name of Law: Title VII
  

Citations for New Statutory Requirements: US Code: 42 USC 2000ff et seq. Name of Law: Genetic Information Nondiscrimination Act of 2008 (“GINA”)

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3046-AA89	Proposed rulemaking	76 FR 31892	06/02/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Recordkeeping Under Title VII, the ADA, and GINA

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Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The proposed amendment to the currently approved information collection would impose a negligible burden on firms who are parties to charges filed under GINA. Newly formed firms may incur a small cost in time when installing and learning how to use their automated data collection systems. We estimate that there are 94,910 firms that would incur a start-up burden due to the Acts. Assuming 10 minutes of time per firm, we estimate that the total annual hour burden is 15,818 hours. In addition to the annual hour burden for new firms, the proposed amendment would impose a negligible burden on established firms who are parties to charges filed under GINA. We estimate that an employer that is a party to a GINA charge will need less than ten minutes to ensure that its existing system of retaining records pertinent to charges filed under Title VII and the ADA also includes records relating to charges filed under GINA. Assuming that 200 GINA charges will be filed and using a burden estimate of 10 minutes per charge, the annual aggregate burden would increase by only about 33 hours, to 15,851 hours. The total burden is less than the burden estimate of 16,002 that was used the last time this information collection was approved. The decrease is due to the use of more recent data on the number of new firm births.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 06/03/2011

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