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Commission seeking three-year extension without change of revised EEO-5 report

The U.S. Equal Employment Opportunity Commission (EEOC) has submitted its revised Elementary-Secondary Staff Information Report (EEO-5) to the Office of Management and Budget (OMB) for approval of a three-year extension without change, according to a final notice scheduled for publication in the Federal Register on February 7. Last July, the EEOC published a notice (77 FR 39238) stating that it was seeking approval to revise the EEOC-5’s race and ethnicity categories to conform to OMB’s Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity. The requested revision was approved through February 2013. The agency is now seeking a regular extension without change of the revised EEO-5 report.

Under Title VII, employers are required to make and keep records relevant to a determination of whether unlawful employment practices have been or are being committed, to preserve such records, and to produce such reports as the EEOC prescribes by regulation or order. Accordingly, the Commission has issued regulations prescribing the reporting requirements for elementary and secondary public school districts. The EEOC uses EEO-5 data to investigate charges of employment discrimination against elementary and secondary public school districts, as well as for research. The data is shared with the Department of Education’s Office for Civil Rights, the Department of Justice, and state and local fair employment practices agencies.

The EEOC published a notice regarding this request on October 29, 2012, allowing for a 60-day public comment period. There were no comments received from the public. There also were no requests to present oral testimony at a hearing concerning the information collection. As a result, the EEOC is cancelling the hearing.

Written comments on the final notice must be submitted on or before 60 days after publication in the Federal Register. Comments may be submitted to Chad A. Lallemand, Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Room 10235, New Executive Office Building, Washington, DC 20503, or emailed to Chad_A._Lallemand@omb.eop.gov. Copies of comments should be sent to Bernadette Wilson, Acting Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, 131 M Street, NE, Washington, DC 20507. As a convenience to commenters, the Executive Secretariat will accept comments totaling six or fewer pages by fax machine at (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) 663-4070 (voice) or (202) 663-4074 (TTD). Comments may also be submitted electronically at http://www.regulations.gov, the Federal eRulemaking Portal.