Notice2022-10848
Privacy Act of 1974; System of Records
Primary source
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Published
May 20, 2022
Issuing agencies
Veterans Affairs Department
Abstract
Office of Resolution Management, Diversity and Inclusion (ORMDI) at the Department of Veterans Affairs (VA) is establishing a new System of Records, entitled Diversity and Equal Employment Opportunity (EEO) Program Records (203VA08), to manage and execute the Equal Employment Opportunity (EEO) Program, Harassment Prevention Program (HPP), Reasonable Accommodation/Personal Assistance Services (RA/PAS) Program, Reasonable Accommodation/Religious Observance, Practice or Belief (hereinafter "Religious Beliefs") Program, External Civil Rights Discrimination Program (ECP), and VA's Diversity and Inclusion programs, including building a model EEO program integrating Affirmative Employment, Special Emphasis, and Religious Accommodations.
Full Text
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<title>Federal Register, Volume 87 Issue 98 (Friday, May 20, 2022)</title>
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[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Pages 31058-31061]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10848]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA), Office of Resolution
Management, Diversity and Inclusion (ORMDI).
ACTION: Notice of a new system of records.
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SUMMARY: Office of Resolution Management, Diversity and Inclusion
(ORMDI) at the Department of Veterans Affairs (VA) is establishing a
new System of Records, entitled Diversity and Equal Employment
Opportunity (EEO) Program Records (203VA08), to manage and execute the
Equal Employment Opportunity (EEO) Program, Harassment Prevention
Program (HPP), Reasonable Accommodation/Personal Assistance Services
(RA/PAS) Program, Reasonable Accommodation/Religious Observance,
Practice or Belief (hereinafter ``Religious Beliefs'') Program,
External Civil Rights Discrimination Program (ECP), and VA's Diversity
and Inclusion programs, including building a model EEO program
integrating Affirmative Employment, Special Emphasis, and Religious
Accommodations.
DATES: Comments on this new system of records must be received no later
than 30 days after date of publication in the Federal Register. If no
public comment is received during the period allowed for comment or
unless otherwise published in the Federal Register by VA, the new
System of Records will become effective a minimum of 30 days after date
of publication in the Federal Register. If VA receives public comments,
VA shall review the comments to determine whether any changes to the
notice are necessary.
ADDRESSES: Comments may be submitted through <a href="http://www.Regulations.gov">www.Regulations.gov</a> or
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005R1A),
Washington, DC 20420. Comments should indicate that they are submitted
in response to the Diversity and Equal Employment Opportunity (EEO)
Program Records (203VA08) system of records. Comments received will be
available at <a href="http://regulations.gov">regulations.gov</a> for public viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT: Privacy Officer, Office of Resolution
Management, Diversity and Inclusion (ORMDI), Department of Veterans
Affairs, 810 Vermont Avenue NW, Washington, DC 20420, email:
<a href="/cdn-cgi/l/email-protection#6f001d020b061f1d06190e0c162f190e41080019"><span class="__cf_email__" data-cfemail="137c617e777a63617a6572706a5365723d747c65">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: ORMDI is responsible for administering the
[[Page 31059]]
Harassment Prevention Program (HPP), Reasonable Accommodation/Personal
Assistance Services (RA/PAS) Program, and VA's Diversity and Inclusion
(D&I) Programs, including religious and other accommodations,
Reasonable Accommodation/Religious Observance, Practice or Belief
(hereinafter ``Religious Beliefs'') Program and External Civil Rights
Discrimination Program (ECP) within VA. ORMDI is establishing the
Diversity and Equal Employment Opportunity (EEO) Program Records system
of records to manage and execute these programs at separate ORMDI
District Offices and facilities located in various geographic areas.
Signing Authority
The Senior Agency Official for Privacy, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Kurt D.
DelBene, Assistant Secretary for Information and Technology and Chief
Information Officer, approved this document on March 17, 2022 for
publication.
Dated: May 17, 2022.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security,
Office of Information and Technology, Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
Diversity and Equal Employment Opportunity (EEO) Program Records--
203VA08.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at VA field facilities and the Office of
Resolution Management, Diversity and Inclusion (ORMDI), Department of
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420. For
addresses of VA field facilities, see Appendix I or <a href="http://www.va.gov/find-locations">www.va.gov/find-locations</a>.
SYSTEM MANAGER(S):
Privacy Officer, Office of Resolution Management, Diversity and
Inclusion (ORMDI), Department of Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420, email: <a href="/cdn-cgi/l/email-protection#7e110c131a170e0c17081f1d073e081f50191108"><span class="__cf_email__" data-cfemail="c1aeb3aca5a8b1b3a8b7a0a2b881b7a0efa6aeb7">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
1. 5 U.S.C. 2301, note, Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (NoFear), as amended by
Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020.
2. 29 U.S.C. 621 et seq., Age Discrimination in Employment.
3. 29 U.S.C. 791 et seq., Rehabilitation Act of 1973.
4. 42 U.S.C. 1201 et seq., Title 1 of the Americans with
Disabilities Act (ADA) of 1990 and the ADA Amendments Act of 2008
(ADAA).
5. 42 U.S.C. 2000d, Title VI, Civil Rights Act of 1964.
6. 42 U.S.C. 2000e et seq., Title VII, Civil Rights.
7. 42 U.S.C. 2000e-16, Employment by Federal Government.
8. 42 U.S.C. 2000e(k), Pregnancy Discrimination Act (PDA) of 1978.
9. 42 U.S.C. 4151 et seq., Architectural Barriers Act.
10. 42 U.S.C. 6101 et seq., Age Discrimination Act of 1964, as
amended.
11. 29 CFR 1604, Guidelines on Discrimination Because of Sex.
12. 29 CFR 1605, Guidelines on Discrimination Because of Religion.
13. 29 CFR 1611, Privacy Act Regulations.
14. 29 CFR 1614, Federal Sector Equal Employment Opportunity. 29
CFR 1630, Regulations to Implement the Equal Employment Provisions of
the Americans with Disabilities Act.
15. 38 CFR part 15, Enforcement of Nondiscrimination on the Basis
of Handicap in Programs or Activities Conducted by the Department of
Veterans Affairs.
16. 38 CFR part 18, Nondiscrimination in Federally-Assisted
Programs of the Department a of Veterans Affairs--Effectuation of Title
VI of the Civil Rights Act of 1964.38 CFR Part 18a, Delegation of
Responsibility in Connection with Title VI, Civil Rights Act of 1964.
17. 38 CFR Part 18b, Practice and Procedure under Title VI of the
Civil Rights act of 1964 and Part 8 of This Chapter.
PURPOSE(S) OF THE SYSTEM:
The Diversity and Equal Employment Opportunity (EEO) Program
Records system is used by ORMDI and VA facilities located in various
geographic areas to administer and manage the following programs:
Harassment Prevention Program (HPP); Reasonable Accommodation/Personal
Assistance Services (RA/PAS) Program; Religious Observance, Practice or
Belief (hereinafter ``Religious Beliefs'') Program; External Civil
Rights Discrimination Program (ECP); Diversity and Inclusion Program.
This system does not duplicate any existing agency or government-wide
system of records, even though some of the documents might also appear
in other systems of records maintained for other purposes.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former VA employees, applicants for employment,
contractors, interns, volunteers, visitors, and non-departmental
individuals (for example, Veterans Volunteers and Visitors) who
participate in the RA/PAS process, RA/Religious Beliefs process, or the
complaint and appeal processes established by Title VI of the Civil
Rights Act of 1964, Title IX of the Education Amendments of 1972, the
Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act
of 1973, Title 38, Code of Federal Regulations, Chapter 1, Parts 15 and
18 and various Presidential Executive Orders, when the programs are
under the jurisdiction of the VA, or request reasonable accommodations
based on pregnancy (non-disability) or religion.
CATEGORIES OF RECORDS IN THE SYSTEM:
1. Full name, year of birth, race, color, religion/religious
beliefs, sex (male, female, sexual orientation, gender identify,
including, but not limited to transgender), disability information,
national origin, disability, genetic information, educational
information, home address and telephone number, work or alternate
telephone number, organizational and private email addresses, mailing
and contact information for representatives and requested witnesses.
2. Detailed information and evidence about the allegations and
requested relief, including complaints; correspondence; notes; forms;
supporting material; statements of witnesses; reports of interviews,
records of investigations, fact finding reports; recommendations; final
decisions; request for reconsideration, reconsideration decisions.
3. HPP records, such as management notification; investigator's and
coordinator's findings; determinations as to whether harassment
occurred; preventive or corrective action taken; related
correspondence; exhibits; and written follow up documents.
4. RA/PAS records, such as the type of accommodation; how the
accommodation will assist the applicant or employee in performing the
essential functions of the job; whether the request was granted as
requested, an alternate accommodation was offered, or the request was
denied; if denied, the reason for denial; detailed information and
evidence including medical documentation provided by health care
providers, such as limitation, diagnosis,
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prognosis, type of accommodation, nature of the disability, the need
for accommodation; request for reconsideration; reconsideration
decisions; correspondence; notes; forms; and supporting material.
5. ECP records, including notification to the facility;
investigator findings; preventative or corrective action taken; written
follow up documents.
6. D&I Program records, such as type of accommodation; why the
accommodation is necessary, whether the request was granted as
requested, an alternate accommodation was offered, or the request was
denied; if denied, the reason for denial.
Note that if an individual's records in this system are used for a
different purpose, those documents will be covered by the system of
records governing that program and subject to the routine uses and
other provisions of that system.
RECORD SOURCE CATEGORIES:
Current and former VA Federal employees or applicants for VA
employment, representatives, Veterans, VA Administrations/Facilities,
participants in the RA/PAS, RA Religious Beliefs, or other
accommodations processes, participants in the complaint and appeal
processes established by Title VI of the Civil Rights Act of 1964,
Title IX of the Education Amendments of 1972, the Age Discrimination
Act of 1975, Section 504 of the Rehabilitation Act of 1973, Title 38,
Code of Federal Regulations, Chapter 1, Parts 15 and 18 and various
Presidential Executive Orders.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
1. Congress: VA may disclose information to a Member of Congress or
staff acting upon the Member's behalf when the Member or staff requests
the information on behalf of, and at the request of, the individual who
is the subject of the record.
2. Data breach response and remediation for VA: VA may disclose
information to appropriate agencies, entities, and persons when:
<bullet> VA suspects or has confirmed that there has been a breach
of the system of records.
<bullet> VA has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, VA (including
its information systems, programs, and operations), the Federal
Government, or national security.
<bullet> the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with VA's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize or remedy such harm.
3. Data breach response and remediation for another Federal agency:
VA may disclose information to another Federal agency or Federal
entity, when VA determines that information from this system of records
is reasonably necessary to assist the recipient agency or entity in:
<bullet> Responding to a suspected or confirmed breach, or
<bullet> 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.
4. Law Enforcement: VA may disclose information that, either alone
or in conjunction with other information, indicates a violation or
potential violation of law, whether civil, criminal, or regulatory in
nature, to a Federal, state, local, territorial, tribal, or foreign law
enforcement authority or other appropriate entity charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing such law.
5. DoJ for Litigation or Administrative Proceeding: VA may disclose
information to the Department of Justice (DoJ), or in a proceeding
before a court, adjudicative body, or other administrative body before
which VA is authorized to appear, when:
(a) VA or any component thereof
(b) Any VA employee in his or her official capacity
(c) Any VA employee in his or her individual capacity where DoJ has
agreed to represent the employee, or
(d) The United States, where VA determines that litigation is
likely to affect the agency or any of its components
is a party to such proceedings or has an interest in such
proceedings and VA determines that use of such records is relevant and
necessary to the proceedings.
6. Contractors: VA may disclose information to contractors,
grantees, experts, consultants, students, and others performing or
working on a contract, service, grant, cooperative agreement, or other
assignment for VA, when reasonably necessary to accomplish an agency
function related to the records.
7. OPM: VA may disclose information to the Office of Personnel
Management (OPM) in connection with the application or effect of civil
service laws, rules, regulations or OPM guidelines in particular
situations.
8. EEOC: VA may disclose information to the Equal Employment
Opportunity Commission (EEOC) in connection with investigations of
alleged or possible discriminatory practices, examination of Federal
affirmative employment programs or other functions of the Commission as
authorized by law.
9. FLRA: VA may disclose information to the Federal Labor Relations
Authority (FLRA) in connection with:
<bullet> The investigation and resolution of allegations of unfair
labor practices.
<bullet> the resolution of exceptions to arbitration awards when a
question of material fact is raised.
<bullet> matters before the Federal Service Impasses Panel, and
<bullet> the investigation of representation petitions and the
conduct or supervision of representation elections.
10. MSPB: VA may disclose information to the Merit Systems
Protection Board (MSPB) in connection with appeals, special studies of
the civil service and other merit systems, review of rules and
regulations, investigation of alleged or possible prohibited personnel
practices, and such other functions promulgated in 5 U.S.C. 1205 and
1206, or as authorized by law.
11. NARA: VA may disclose information to the National Archives and
Records Administration (NARA) in records management inspections
conducted under 44 U.S.C. 2904 and 2906, or other functions authorized
by laws and policies governing NARA operations and VA records
management responsibilities.
12. OMB: VA may disclose information to the Office of Management
and Budget (OMB) for the performance of its statutory responsibilities
for evaluating Federal programs.
13. Former Employee or Contractor, Legal Representatives: VA may
disclose information to a former VA employee or contractor, as well as
the authorized representative of a current or former employee or
contractor of VA, in connection with matters before the EEOC, FLRA, or
MSPB, or in litigation.
14. Witnesses. VA may disclose information to potential witnesses
as appropriate and necessary to perform the agency's functions under 42
U.S.C. 2000d, 29 CFR 1614, 29 CFR 1630, Sections 501, 504, and 505 of
the Rehabilitation Act of 1973, 45 CFR Subpart D Sec. 86.31, and 42
U.S.C. 6101-6107.
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15. Sources of Information. VA may disclose information as
necessary to any source from which additional information is requested
in the course of processing a complaint or report of harassment.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Diversity and Equal Employment Opportunity (EEO) Program Records
are maintained on paper and electronically at VA facilities by
supervisors, management officials, local reasonable accommodation
coordinators, and other designated VA staff. Electronic records are
also maintained in: Equal Employment Opportunity EcoSystem (EEOE),
designated as E-Squared (E\2\), a comprehensive and secure repository
for electronic records management to facilitate identification,
retrieval, maintenance, routine destruction, report generation and
compliance management; and Light Electronic Action Framework (LEAF), a
technology and framework for rapid implementation and deployment of
projects that require secure records management, including
identification, retrieval, maintenance, routine destruction, report
generation, policy compliance, and document routing to create a culture
of transparency and accountability.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Names of individuals alleging discrimination, harassment, or
reprisal or requesting RA/PAS or other reasonable accommodations. Case/
tracking numbers.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with the
schedule approved by the Archivist of the United States, General
Records Schedule 2.3: Employee Relations Records, but longer retention
is authorized for business use.
ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
Technical controls include secure encryption using VA Personal
Identity Verification (PIV) credential procedures, role-based
authentication, firewalls, and virtual private networks which protect
the data in transit and during storage. Physical and electronic access
is limited to individuals who are properly screened and cleared on a
need-to-know basis in the performance of their official duties.
Administrative safeguards include mandatory annual information security
training for all users on the responsibility each person has for
safeguarding and protecting data confidentiality.
RECORD ACCESS PROCEDURES:
An individual who seeks access to or wishes to contest records
maintained under his or her name in this system must submit a written
request to the Privacy Officer of the VA facility where the underlying
incident or issue occurred.
CONTESTING RECORD PROCEDURES:
(See Records Access Procedures above.)
NOTIFICATION PROCEDURES:
Individuals seeking information concerning the existence and
content of a record pertaining to themselves must submit a written
request to or apply in person before the Privacy Officer of the VA
facility where the underlying incident or issue occurred. Written
requests should be signed and contain the individual's full name,
mailing address, email address, telephone number, and the case number
or case title.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2022-10848 Filed 5-19-22; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on May 20, 2022.
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.