Privacy Act of 1974; System of Records

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Published

November 12, 2021

Effective

December 17, 2021

Issuing agencies

Civil Rights Commission

Abstract

In accordance with the Privacy Act of 1974, the United States Commission on Civil Rights (Commission) proposes to establish a new system of records titled, "CCR/Internal--Reasonable Accommodations Records." This system of records will include information that the Commission collects and maintains on applicants for employment and employees who request and/or receive reasonable accommodations from the Commission for medical or religious reasons.

Full Text

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<title>Federal Register, Volume 86 Issue 216 (Friday, November 12, 2021)</title>
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[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62776-62779]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24664]

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COMMISSION ON CIVIL RIGHTS

Privacy Act of 1974; System of Records

AGENCY: United States Commission on Civil Rights.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the United States
Commission on Civil Rights (Commission) proposes to establish a new
system of records titled, ``CCR/Internal--Reasonable Accommodations
Records.'' This system of records will include information that the
Commission collects and maintains on applicants for employment and
employees who request and/or receive reasonable accommodations from the
Commission for medical or religious reasons.

DATES: Submit comments on or before December 13, 2021. This new system
is effective upon publication in the Federal Register, except for the
routine uses, which are effective December 17, 2021.

ADDRESSES: You may submit written comments through the Federal
Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. All submissions received
must include the agency name and docket number for this Federal
Register document. The general policy for comments and other
submissions from members of the public is to make them available for
public viewing on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> as they
are received without change, including any personal identifiers or
contact information.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
David Ganz, General Counsel, United States Commission on Civil Rights
at <a href="/cdn-cgi/l/email-protection#452122242b3f0530362626376b222a33">[email&#160;protected]</a> or TinaLouise Martin, Director, Office of
Management, U.S. Commission on Civil Rights at <a href="/cdn-cgi/l/email-protection#5b2f363a292f32351b2e28383829753c342d">[email&#160;protected]</a>.
Please put ``Reasonable Accommodations SORN'' in the subject line of
your email.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
the Commission proposes to establish a new system of records titled,
``CCR/Internal--Reasonable Accommodations Records.'' This system of
records covers the Commission's collection and maintenance of records
on applicants for employment, employees, and other individuals who
participate in Commission programs or activities who request or receive
reasonable accommodations or other appropriate modifications from the

[[Page 62777]]

Commission for medical or religious reasons.
Title V of the Rehabilitation Act of 1973, as amended, prohibits
discrimination in services and employment on the basis of disability,
and Title VII of the Civil Rights Act of 1974 prohibits discrimination,
including on the basis of religion. These prohibitions on
discrimination require Federal agencies to provide reasonable
accommodations to individuals with disabilities and those with
sincerely held religious beliefs unless doing so would impose an undue
hardship. In some instances, individuals may request modifications to
their workspace, schedule, duties, or other requirements for documented
medical reasons that may not qualify as a disability but may
necessitate an appropriate modification to workplace policies and
practices. The Commission may address those requests pursuant to the
general authority of the Director contained in Title V of the United
States Code.
Reasonable accommodations may include, but are not limited to:
Making existing facilities readily accessible to individuals with
disabilities; restructuring jobs, modifying work schedules or places of
work, and providing flexible scheduling for medical appointments or
religious observance; acquiring or modifying equipment or examinations
or training materials; providing qualified readers and interpreters,
personal assistants, service animals; granting permission to wear
religious dress, hairstyles, or facial hair or to observe a religious
prohibition against wearing certain garments; considering requests for
medical and religious exemptions to specific workplace requirements;
and making other modifications to workplace policies and practices.
The Commission's Office of Management processes requests for
reasonable accommodations from employees and applicants for employment,
respectively, who require an accommodation due to a medical or
religious reason. The Commission's Office of Management also processes
requests based on documented medical reasons that may not qualify as a
disability but that necessitate an appropriate modification to
workplace policies and practices. Other Commission offices may also
receive such requests related to programs or activities for which they
are responsible. The request, documentation provided in support of the
request, any evaluation conducted internally, or by a third party under
contract with the Commission, the decision regarding whether to grant
or deny a request, and the details and conditions of the reasonable
accommodation are all included in this system of records.
The Commission has provided a report of this system of records to
the Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Office of Management and Budget (OMB),
pursuant to 5 U.S.C. 552a(r) and OMB Circular A-108, ``Federal Agency
Responsibilities for Review, Reporting, and Publication under the
Privacy Act,'' dated December 23, 2016. This system will be included in
the Commission's inventory of record systems.

U.S. Commission on Civil Rights.
David Ganz,
General Counsel.

SYSTEM NAME AND NUMBER:
United States Commission on Civil Rights, CCR/Internal--Reasonable
Accommodations Records.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
Records are maintained primarily by the U.S. Commission on Civil
Rights, Office of Management located at Pennsylvania Ave. NW, Suite
1150, Washington, DC 20425. Records may be located in locked cabinets
and offices, on the Commission's local area network, or in designated
U.S. data centers for FedRAMP-authorized cloud service providers.

SYSTEM MANAGER(S):
Director of Management, U.S. Commission on Civil Rights,
Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425,
<a href="/cdn-cgi/l/email-protection#40342d213234292e0035332323326e272f36">[email&#160;protected]</a>.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Rehabilitation Act of 1973, 29 U.S.C. 701, 791, 794; Title VII
of the Civil Rights Act of 1964, 42 U.S.C. 2000e; 29 CFR 1605
(Guidelines on Discrimination Because of Religion); 29 CFR 1614
(Federal Sector Equal Employment Opportunity); 29 CFR 1614 (Regulations
to Implement the Equal Employment Provisions of the Americans With
Disabilities Act); 5 U.S.C. 302, 1103; Executive Order 13164, Requiring
Federal Agencies to Establish Procedures to Facilitate the Provision of
Reasonable Accommodation (July 26, 2000); and Executive Order 13548,
Increasing Federal Employment of Individuals with Disabilities (July
26, 2010).

PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to allow the Commission to
collect and maintain records on applicants for employment, employees,
and other individuals who participate in Commission programs or
activities who request or receive reasonable accommodations or other
appropriate modifications from the Commission for medical or religious
reasons; to process, evaluate, and make decisions on individual
requests; and to track and report the processing of such requests
Commission-wide to comply with applicable requirements in law and
policy.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants for Federal employment and Federal employees who
requested and/or received reasonable accommodations or other
appropriate modifications from Commission for medical or religious
reasons.

CATEGORIES OF RECORDS IN THE SYSTEM:
[ballot] Requester's name;
[ballot] Requester's status (applicant or current employee);
[ballot] Date of request;
[ballot] Employee's position title, grade, series, step;
[ballot] Position title, grade, series, step of the position the
requester is applying for;
[ballot] Requester's contact information (addresses, phone numbers,
and email addresses);
[ballot] Description of the requester's medical condition or
disability and any medical documentation provided in support of the
request;
[ballot] Requester's statement of a sincerely held religious belief
and any additional information provided concerning that religious
belief and the need for an accommodation to exercise that belief;
[ballot] Description of the accommodation being requested;
[ballot] Description of previous requests for accommodation;
[ballot] Whether the request was made orally or in writing;
[ballot] Documentation by a Commission official concerning whether
the disability is obvious, and the accommodation is obvious and
uncomplicated, whether medical documentation is required to evaluate
the request, whether research is necessary regarding possible
accommodations, and any extenuating circumstances that prevent the
Commission official from meeting the relevant timeframe;

[[Page 62778]]

[ballot] Whether the request for reasonable accommodation was
granted or denied, and if denied the reason for the denial;
[ballot] The amount of time taken to process the request;
[ballot] The sources of technical assistance consulted in trying to
identify a possible reasonable accommodation;
[ballot] Any reports or evaluations prepared in determining whether
to grant or deny the request; and,
[ballot] Any other information collected or developed in connection
with the request for a reasonable accommodation.

RECORD SOURCE CATEGORIES:
Information is obtained from the individuals who request and/or
receive a reasonable accommodation or other appropriate modification
from the Commission, directly or indirectly from an individual's
medical provider or another medical professional who evaluates the
request, directly or indirectly from an individual's religious or
spiritual advisors or institutions, and from management officials.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside the
Commission as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
a. To the Department of Justice, including Offices of the U.S.
Attorneys; another Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body;
another party in litigation before a court, adjudicative, or
administrative body; or to a court, adjudicative, or administrative
body. Such disclosure is permitted only when it is relevant or
necessary to the litigation or proceeding, and one of the following is
a party to the litigation or has an interest in such litigation:
(1) The Commission, or any component thereof;
(2) Any employee or former employee of the Commission in his or her
official capacity;
(3) Any employee or former employee of the Commission in his or her
capacity where the Department of Justice or the Commission has agreed
to represent the employee;
(4) The United States, a Federal agency, or another party in
litigation before a court, adjudicative, or administrative body, upon
the Commission's General Counsel's approval, pursuant to 5 CFR part 295
or otherwise.
b. To the appropriate Federal, State, or local agency responsible
for investigating, prosecuting, enforcing, or implementing a statute,
rule, regulation, or order, when a record, either on its face or in
conjunction with other information, indicates or is relevant to a
violation or potential violation of civil or criminal law or
regulation.
c. To a member of Congress from the record of an individual in
response to an inquiry made at the request of the individual to whom
the record pertains.
d. To the National Archives and Records Administration (NARA) for
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
e. To appropriate agencies, entities, and persons when (1) the
Commission suspects or has confirmed that there has been a breach of
the system of records; (2) the Commission has determined that as a
result of the suspected or confirmed breach, there is a risk of harm to
individuals, the Commission (including its information systems,
programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the
Commission's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
f. To another Federal agency or Federal entity, when the Commission
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
g. To contractors, grantees, experts, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Commission when the Commission
determines that it is necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure as are applicable to Commission
employees.
h. To another federal agency or commission with responsibility for
labor or employment relations or other issues, including equal
employment opportunity and reasonable accommodation issues, when that
agency or commission has jurisdiction over reasonable accommodation.
i. To an authorized appeal grievance examiner, formal complaints
examiner, administrative judge, equal employment opportunity
investigator, arbitrator, or other duly authorized official engages in
investigation or settlement of a grievance, complaint, or appeal filed
by an individual who requested a reasonable accommodation or other
appropriate modification.
j. To another Federal agency, including but not limited to the
Equal Employment Opportunity Commission and the Office of Special
Counsel to obtain advice regarding statutory, regulatory, policy, and
other requirements related to reasonable accommodation.
k. To another Federal agency or entity authorized to procure
assistive technologies and services in response to a request for
reasonable accommodation.
l. To first aid and safety personnel if the individual's medical
condition requires emergency treatment.
m. To another Federal agency or oversight body charged with
evaluating the Commission's compliance with the laws, regulations, and
policies governing reasonable accommodation requests.
n. To another Federal agency pursuant to a written agreement with
the Commission to provide services (such as medical evaluations), when
necessary, in support of reasonable accommodation decisions.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The records in this system of records are stored electronically on
the Commission's local area network or with FedRAMP-authorized cloud
service providers segregated from non-government traffic and data, with
access limited to a small number of personnel. In addition, paper
records are stored in locked file cabinets in access-restricted
offices.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name or other unique personal
identifiers.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system of records are maintained in accordance with
the General Records Schedule 2.3 and are destroyed three years after
separation from the agency or all appeals are concluded, whichever is
later, but

[[Page 62779]]

longer retention is authorized if requested for business use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in the system are protected from unauthorized access and
misuse through various administrative, technical, and physical security
measures. Commission security measures are in compliance with the
Federal Information Security Modernization Act (Pub. L. 113-283),
associated Commission policies, and applicable standards and guidance
from the National Institute of Standards and Technology. Strict
controls have been imposed to minimize the risk of compromising the
information that is stored. Access to the paper and electronic records
in this system of records is limited to those individuals who have a
need to know the information for the performance of their official
duties and who have appropriate clearances or permissions.

RECORDS ACCESS PROCEDURES:
Individuals seeking notification of and access to their records in
this system of records may submit a request in person or in writing to
the Office of the General Counsel, United State Commission on Civil
Rights 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425 or
by emailing <a href="/cdn-cgi/l/email-protection#640003050a1e2411170707164a030b12">[email&#160;protected]</a>. The words ``Privacy Act Request'' should
be placed in on the face of the envelope in order to facilitate
requests by mail. Individuals must furnish the following information
for their records to be located:
1. Full name;
2. Reasonably specific description of the information sought
including the nature of the records sought and, if possible, the
approximate dates covered by the record; and,
3. If the request is made by mail, the address to which the
information should be sent.
The individual requesting access to the records must also comply
with the Commission's regulations regarding verification of identity
(45 CFR 705.4).

CORRECTING OR AMENDING RECORD PROCEDURES:
Individuals wishing to request amendment of records about them
contained in this system of records may do so by writing to the General
Counsel, United State Commission on Civil Rights, 1331 Pennsylvania
Ave. NW, Suite 1150, Washington, DC 20425 or by emailing
<a href="/cdn-cgi/l/email-protection#0e6a696f60744e7b7d6d6d7c20696178">[email&#160;protected]</a>. Requests for amendment of records should include the
following information for their records to be located:
1. The name of the individual requesting the correction or
amendment.
2. The name of the system of records in which the record sought to
be amended is maintained.
3. The location of the record system from which the record was
obtained.
4. A copy of the record sought to be amended or a description of
that record.
5. A statement of the material in the record that should be
corrected or amended.
6. A statement of the specific wording of the correction or
amendment sought.
7. A statement of the basis for the requested correction or
amendment, including any material that the individual can furnish to
substantiate the reasons for the amendment sought.

NOTIFICATION PROCEDURES:
See ``Record Access Procedure.''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
None.

[FR Doc. 2021-24664 Filed 11-10-21; 8:45 am]
BILLING CODE 6335-01-P

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