Notice2021-27874
Privacy Act of 1974; System of Records
Primary source
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Published
December 23, 2021
Effective
January 24, 2022
Issuing agencies
Merit Systems Protection Board
Abstract
In accordance with the Privacy Act of 1974 (Privacy Act), the U.S. Merit Systems Protection Board (MSPB) proposes to establish a new system of records titled "MSPB--3, Reasonable Accommodations." This system of records includes information that MSPB collects, maintains, and uses on applicants for employment and employees who request and/or receive reasonable accommodations from MSPB for medical or religious reasons.
Full Text
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<title>Federal Register, Volume 86 Issue 244 (Thursday, December 23, 2021)</title>
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[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 73001-73004]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27874]
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MERIT SYSTEMS PROTECTION BOARD
Privacy Act of 1974; System of Records
AGENCY: U.S. Merit Systems Protection Board.
ACTION: Notice of a New System of Records.
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SUMMARY: In accordance with the Privacy Act of 1974 (Privacy Act), the
U.S. Merit Systems Protection Board (MSPB) proposes to establish a new
system of records titled ``MSPB--3, Reasonable Accommodations.'' This
system of records includes information that MSPB collects, maintains,
and uses on applicants for employment and employees who request and/or
receive reasonable accommodations from MSPB for medical or religious
reasons.
DATES: Please submit comments on or before January 24, 2022. This new
system is effective upon publication in today's Federal Register, with
the exception of the routine uses, which are effective January 24,
2022.
ADDRESSES: You may submit written comments to the Office of the Clerk
of the Board by email to <a href="/cdn-cgi/l/email-protection#f8888a918e999b81b8958b889ad69f978e"><span class="__cf_email__" data-cfemail="92e2e0fbe4f3f1ebd2ffe1e2f0bcf5fde4">[email protected]</span></a> or by mail to Clerk of the
Board, U.S. Merit Systems Protection Board, 1615 M Street NW,
Washington, DC 20419. All comments must reference ``MSPB--3, Reasonable
Accommodations SORN.'' Regardless of the method used for submitting
comments or material, all submissions will be posted, without change,
to MSPB's website (<a href="https://www.mspb.gov">https://www.mspb.gov</a>) and will include any personal
information you provide, such as your name, address, phone number,
email address, or any other personally identifying information in your
comment or materials. Therefore, any submissions will be made public
and without change.
FOR FURTHER INFORMATION CONTACT: For general questions or privacy
issues, please contact: D. Fon Muttamara, Chief Privacy Officer, Office
of the Clerk of the Board, 1615 M Street NW, Washington, DC 20419 at
(202) 653-7200 or <a href="/cdn-cgi/l/email-protection#5424263d2235372d14392724367a333b22"><span class="__cf_email__" data-cfemail="6b1b19021d0a08122b06181b09450c041d">[email protected]</span></a>. Please include ``Reasonable
Accommodations SORN'' with your question(s).
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act, 5 U.S.C.
552a, the MSPB proposes to establish a new system of records titled
``MSPB--3, Reasonable Accommodations.'' This system of records covers
MSPB's collection, maintenance, and use of records on applicants for
employment and employees who request or receive reasonable
accommodations or other appropriate modifications from MSPB 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 1964 prohibits discrimination,
including on the basis of religion. These prohibitions on
discrimination require
[[Page 73002]]
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. In general, an
accommodation is any change in the work environment or in the way
things are customarily done that enables an individual with a
disability to enjoy equal employment opportunities. Reasonable
accommodations on the basis of disability typically fall into the
following categories: (1) Modifications or adjustments to a job
application process that enable a qualified applicant with a disability
to be considered for a position; (2) modifications or adjustments to
the work environment, or to the manner or circumstances under which the
position held or desired is customarily performed, that enable a
qualified individual with a disability to perform the essential
functions of that position; and (3) modifications or adjustments that
enable a qualified employee with a disability to enjoy equal benefits
and privileges of employment as are enjoyed by other similarly-situated
employees without disabilities. Applicants and employees may obtain
exceptions to rules or policies in order to follow their religious
beliefs or practices, and employers may grant certain accommodations
for religious reasons but still refuse to grant them for secular
reasons.
MSPB's Office of Equal Employment Opportunity is responsible for
processing requests for reasonable accommodations from applicants for
employment and employees who seek an accommodation due to a medical or
religious reason, as well as processing requests based on documented
medical reasons that may not qualify as a disability but that may
necessitate an appropriate modification to workplace policies and
practices.
The request and any related records provided to support the
request, any evaluation conducted internally, or by a third party under
contract with MSPB, 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, pursuant to the Privacy
Act, which will be included in MSPB's inventory.
The Privacy Act embodies fair information practice principles in a
statutory framework governing how Federal agencies collect, maintain,
use, and disseminate individuals' records. The Privacy Act applies to
records about individuals that are maintained in a ``system of
records.'' A system of records is a group of any records under the
control of an agency from which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. The Privacy Act
defines an individual as a United States citizen or lawful permanent
resident. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of MSPB by complying with MSPB Privacy Act regulations at 5 CFR
part 1205, and following the procedures outlined in the Records Access,
Contesting Record, and Notification Procedures sections of this notice.
The Privacy Act requires each agency to publish in the Federal Register
a description denoting the existence and character of each system of
records that the agency maintains and the routine uses of each system.
The new Reasonable Accommodations System of Records Notice is published
in its entirety below. In accordance with the Privacy Act, 5 U.S.C.
552a(r), and OMB Circular A-108, ``Federal Agency Responsibilities for
Review, Reporting, and Publication under the Privacy Act'' (Dec. 2016),
MSPB has submitted a report of a new system of records to the Office of
Management and Budget and Congress.
Jennifer Everling,
Acting Clerk of the Board, U.S. Merit Systems Protection Board.
SYSTEM NAME AND NUMBER:
MSPB--3, Reasonable Accommodations.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained by the Office of Equal Employment
Opportunity, U.S. Merit Systems Protection Board, 1615 M Street NW,
Washington, DC 20419. Records may be located in locked cabinets and
offices, on MSPB's local area network, or in designated U.S. data
centers for cloud service providers certified by the Federal Risk and
Authorization Management Program or FedRAMP.
SYSTEM MANAGER(S):
Director of the Office of Equal Employment Opportunity, U.S. Merit
Systems Protection Board, 1615 M Street NW, Washington, DC 20419,
<a href="/cdn-cgi/l/email-protection#38595b5b575555575c594c51575678554b485a165f574e"><span class="__cf_email__" data-cfemail="67060404080a0a080306130e0809270a14170549000811">[email protected]</span></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 1630 (Regulations
To Implement the Equal Employment Provisions of the Americans With
Disabilities Act); 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 MSPB to collect
and maintain records on applicants for employment and employees who
request or receive reasonable accommodations or other appropriate
modifications from MSPB for medical or religious reasons; to process,
evaluate, and make decisions on individual requests; and to track and
report the processing of such requests MSPB-wide to comply with
applicable requirements in law, regulation, and policy, and to maintain
the confidentiality of the information provided in support of the
accommodation.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants for MSPB employment and former and current MSPB
employees who requested and/or received reasonable accommodations or
other appropriate modifications from MSPB for medical or religious
reasons.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. Requester status (applicant or former or current employee);
2. Requester name;
3. Date of request;
4. Employee's position title, grade, series, step, and agency
component;
5. Position title, grade, series, step of the position, and agency
component the requester is applying for (if applicable);
6. Requester's contact information (addresses, phone numbers, and
email addresses);
7. Name and contact information of medical professionals or
religious or spiritual advisors or institutions;
8. Description of the requester's medical condition or disability
and any medical documentation provided in support of the request;
[[Page 73003]]
9. 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;
10. Description of the accommodation being requested;
11. Description of previous requests for accommodation and
dispositions;
12. Documentation by an MSPB 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 MSPB
official from meeting the relevant timeframe;
13. Whether the request for reasonable accommodation was granted or
denied, and if denied the reason(s) for denial;
14. The identity of the decision-maker for the request;
15. The number of days taken to process the request;
16. The sources of technical assistance consulted in trying to
identify a possible reasonable accommodation;
17. Any reports or evaluations prepared in determining whether to
grant or deny the request; and
18. Any other information collected or developed in connection with
the request for a reasonable accommodation.
RECORD SOURCE CATEGORIES:
Information is obtained from applicants for employment and
employees who request and/or receive a reasonable accommodation or
other appropriate modification from MSPB, 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 MSPB as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
a. To the Department of Justice (DOJ), including Offices of the
U.S. Attorneys; or another Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body;
another party or potential party or the party's or potential party's
authorized representative 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) MSPB, or any component thereof;
(2) Any employee or former employee of MSPB in his or her official
capacity;
(3) Any employee or former employee of MSPB in his or her
individual capacity where the Department of Justice or MSPB has agreed
to represent the employee; or
(4) The United States, a Federal agency, or another party in
litigation before a court, adjudicative, or administrative body, upon
the MSPB General Counsel's approval, pursuant to 5 CFR part 1216 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 or the White House 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) in
records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
e. To appropriate agencies, entities, and persons when (1) MSPB
suspects or has confirmed that there has been a breach of the system of
records; (2) MSPB has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, MSPB
(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 MSPB'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 MSPB
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 MSPB when MSPB 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 MSPB 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 or administrative law judge, equal
employment opportunity investigator, arbitrator, or other duly
authorized official engaged 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 requests for reasonable accommodation,
and to evaluate and report on the agency's performance responding to
requests for reasonable accommodation.
k. To a Federal agency or entity authorized to procure assistive
technologies and services in response to a request for reasonable
accommodation.
l. To first aid, medical, and safety personnel if the individual's
medical condition requires emergency treatment.
m. To another Federal agency or oversight body charged with
evaluating MSPB's compliance with the laws, regulations, and policies
governing reasonable accommodation requests.
n. To another Federal agency pursuant to a written agreement with
MSPB to provide services (such as medical evaluations), when necessary,
in support of reasonable accommodation decisions.
[[Page 73004]]
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The records in this system are stored electronically on MSPB's
local area network or with FedRAMP-authorized cloud service providers.
Access is limited to a small number of authorized personnel at MSPB. In
addition, if paper records exist, they 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
identifier.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The records maintained in this system of records are subject to
NARA General Records Schedule (GRS) 2.3 (Employee Relations Records),
Item 20 (Reasonable accommodation case files). NARA GRS 2.3 instructs
disposition three years after employee separation from the agency or
all appeals are concluded, whichever is later, but longer retention is
authorized if required 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, such as access controls, mandatory security and privacy
training, encryption, multi-factor authentication, security guards, and
locked offices.
RECORD ACCESS PROCEDURES:
Individuals seeking notification of and access to their records in
this system of records may submit a request in writing to the Office of
the Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M
Street NW, Washington, DC 20419. Individuals requesting access must
comply with MSPB's Privacy Act regulations regarding verification of
identity and access to records (5 CFR part 1205).
CONTESTING RECORD PROCEDURES:
Individuals may request that records about them be amended by
writing to the Office of the Clerk of the Board, U.S. Merit Systems
Protection Board, 1615 M Street NW, Washington, DC 20419. Individuals
requesting amendment must follow MSPB's Privacy Act regulations
regarding verification of identity and amendment to records (5 CFR part
1205).
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2021-27874 Filed 12-22-21; 8:45 am]
BILLING CODE 7400-01-P
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</html>Indexed from Federal Register on December 23, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.