[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26687-26689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09603]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Agency Information Collection Activities; Comment Request
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice.
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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 intends to submit to the Office of Management and
Budget (OMB) a request for reinstatement without change of the
information collection described below. The Commission is seeking
public comments on the proposed reinstatement.
DATES: Written comments on this notice must be submitted on or before
July 6, 2020.
ADDRESSES: You may submit comments using 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 Bernadette B. Wilson,
Executive Officer, Executive Secretariat, Equal Employment Opportunity
Commission, 131 M Street NE, Washington, DC 20507.
Fax: Comments totaling six or fewer pages can be sent by facsimile
(``fax'') machine to (202) 663-4114 (This is not a toll-free number.)
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) 663-4070 (voice) or (800) 669-6820 (TTY).
(These are not toll-free telephone numbers.)
Instructions: All comments received must include the agency name
and docket number. All comments received 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, sex, national origin, age, religion, disability, or genetic
information; or that promote or endorse services or products.
Although copies of comments received are usually also available for
review at the Commission's library, given the EEOC's current 100%
telework status due to the covid-19 pandemic, the Commission's library
is closed until further notice. Once the Commission's library is re-
opened, copies of comments received in response to the proposed rule
will be made available for viewing by appointment only at 131 M Street
NE, Suite 4NW08R, Washington, DC 20507, between the hours of 9:30 a.m.
and 5:00 p.m.
FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal
Counsel, (202) 663-4668, or Savannah Marion Felton, Senior Attorney,
(202) 663-4909, 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 1-800-
669-4000 (voice), 1-800-669-6820 (TTY), or 1-800-234-5122 (ASL Video
Phone).
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 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 the EEOC 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 an exit
incentive or other employment termination program.
Number of Respondents: 2,425.
[[Page 26688]]
Burden Hours per Respondent: 16.19 hours.
Total Annual Burden Hours: 39,260.75.
Number of Forms: None.
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 Older Workers
Benefit Protection Act (OWBPA), enacted in 1990, amended the ADEA to
require employers to disclose certain information to employees (but not
to the 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.
Burden Statement: In 2016, the EEOC conducted a limited survey as
the foundation for estimating the burden hours per Respondent. The goal
of the survey was to more accurately capture the actual costs of
creating and distributing ADEA waivers and to better understand what
type of employees were involved in this process.
For the current 2020 submission, the EEOC will rely again on this
2016 estimate of burden hours per respondent. Due to concerns about
data quality given the current COVID-19 pandemic, and in accordance
with OMB guidance memo M-20-16, the EEOC does not intend to conduct a
new limited survey to re-estimate burden hours per respondent at this
time.
Based on data collected from employers participating in the 2016
limited survey, EEOC learned that the senior human resource managers
and legal counsel bear the most significant brunt of the paperwork and
human capital burden in drafting and distributing the waivers to
employees. The burden hours for the creation of the ADEA waiver are
estimated to be 8.25 per employer. Burden hours for the distribution of
the ADEA waiver are estimated to be 7.94 per employer, for a total of
16.19 hours per employer.
The total annual burden hours is calculated by multiplying the
number of Respondents by the burden hours per Respondent [2,425 x 16.19
= 39,260.75].
Table 1--Computations Related to Preparing and Drafting ADEA Waiver Burden Estimate *
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Projected
Wage rate hours per Cost per firm Total cost
(hour)\1\ employer
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Number of Respondents: 2,425
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CLERICAL STAFF.................................. $18.69 0.11 $2.06 $4,985.56
SENIOR HUMAN RESOURCE MANAGERS.................. 54.47 0.26 14.16 34,343.34
INTERNALCORPORATE LEGAL COUNSEL................. 58.13 2.23 129.63 314,352.51
EXTERNAL CORPORATE LEGAL COUNSEL................ 58.13 2.00 116.26 281,930.50
CHIEF EXECUTIVE OFFICERS........................ 50.47 0.12 6.06 14,686.77
COMPUTER SPECIALIST (IT PROFESSIONAL)........... 25.70 0.42 10.79 26,175.45
HUMAN RESOURCE SPECIALIST....................... 29.27 1.61 47.12 114,277.40
PARALEGAL....................................... 24.49 1.50 36.74 89,082.38
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SUB TOTAL................................... 319.35 8.25 362.82 879,833.89
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* Totals may not sum due to rounding.
\1\ Wage hour rates listed in first column are based on 2018 Median Pay for the occupation indicated and were
obtained online from the U.S. Dept. of Labor, Bureau of Labor Statistics, Occupational Outlook Handbook, http://www.bls.gov/ooh/. Accessed April 8, 2020.
Table 2--Computations Related to Distributing ADEA Waiver Burden Estimate **
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Projected
Wage rate hours per Cost per firm Total cost
(hour) \1\ employer
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Number of Respondents: 2,425
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HUMAN RESOURCE SPECIALIST....................... $29.27 0.27 $7.90 $19,164.53
CLERICAL STAFF.................................. 18.69 0.5 9.35 22,661.63
SENIOR HUMAN RESOURCE MANAGERS.................. 54.47 0.85 46.30 112,276.29
INTERNAL CORPORATE LEGAL COUNSEL................ 58.13 2.08 120.91 293,207.72
EXT CORPORATE LEGAL COUNSEL..................... 58.13 2 116.26 281,930.50
PARALEGAL....................................... 24.49 1.5 36.74 89,082.38
PAYROLL SPECIALIST.............................. 19.02 0.2 3.80 9,224.70
ADMINISTRATIVE SERVICES MANAGER................. 46.24 0.27 12.48 30,275.64
DEPARTMENT EXECUTIVE............................ 50.47 0.27 13.63 33,045.23
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SUB TOTAL................................... 358.91 7.94 367.37 890,868.61
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** Totals may not sum due to rounding.
\2\ Ibid.
Per Table 1 and 2 above, EEOC found that the approximate cost of
preparing the ADEA waiver notice is $362.82 per employer and the
approximate cost of distributing the ADEA waiver notice is $367.37 per
employer. The total per employer cost is therefore $730.19. For all
2,425 employers who are projected to have reductions in force and
request waiver notices, the total preparation cost is $879,833.89, and
$890,868.61 for distribution. The total cost for all 2,425 employers is
$1,770,702.50. Table 1 reflects the calculation of the costs of
creating the ADEA waiver and Table 2 reflects the calculation of the
costs of distribution of the ADEA waiver.
[[Page 26689]]
For the Commission.
Janet L. Dhillon,
Chair.
[FR Doc. 2020-09603 Filed 5-4-20; 8:45 am]
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