Privacy Act of 1974; Systems of Records
| Citation | 87 FR 14261 |
| Record Number | 2022-05257 |
| Published date | 14 March 2022 |
| Section | Notices |
| Court | Equal Employment Opportunity Commission |
Federal Register, Volume 87 Issue 49 (Monday, March 14, 2022)
[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Pages 14261-14262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05257]
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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Privacy Act of 1974; Systems of Records
AGENCY: Equal Employment Opportunity Commission
ACTION: Notice of a new system of records.
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SUMMARY: The Equal Employment Opportunity Commission (hereinafter
``EEOC'' or ``the Commission'') proposes to create a new Religious
Accommodation system of records to maintain information collected in
response to a request for an accommodation based on a sincerely held
religious belief, practice, or observance.
DATES: This system of records will be effective upon publication in the
Federal Register with the exception of new routine uses which will
become effective April 13, 2022. Comments must be received on or before
April 13, 2022.
ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions online for submitting comments.
Fax: Comments totaling six or fewer pages may be sent by
fax to (202) 663-4114. Receipt of fax transmittals will not be
acknowledged; the sender may request confirmation of receipt by calling
the Executive Secretariat staff at (202) 921-2815 (voice) or 1 (800)
669-6820 (TTY) or (844) 234-5122 (ASL). (These are not toll-free
numbers).
Mail: Shelley Kahn, Acting Executive Officer, Executive
Secretariat, U.S. Equal Employment Opportunity Commission, 131 M Street
NE, Washington, DC 20507.
Hand Delivery/Courier: Shelley Kahn, Acting Executive
Officer, Executive Secretariat, U.S. Equal Employment Opportunity
Commission, 131 M Street NE, Washington, DC 20507.
Instructions: The Commission invites comments from all interested
parties. Comments need be submitted in only one of the above-listed
formats. All comments received will be posted without change to http://www.regulations.gov, including any personal information you provide.
Comments must be received on or before April 13, 2022.
Docket: For access to comments received visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal
Counsel, at [email protected], or Savannah Marion Felton, Senior
Attorney, at [email protected].
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
EEOC proposes to create a new Religious Accommodation SORN (EEOC-23)
for records related to accommodation requests based on a sincerely held
religious belief, practice, or observance. Title VII of the Civil
Rights Act of 1964 prohibits discrimination, including on the basis of
religion. Title VII also requires an employer, once on notice, to
reasonably accommodate an employee whose sincerely held religious
belief, practice, or observance conflicts with a work requirement,
unless providing the accommodation would create an undue
[[Page 14262]]
hardship. 42 U.S.C. 2000e(j). As a result, EEOC employees and
applicants have the right to request an accommodation based on a
sincerely held religious belief, practice, or observance. The EEOC's
Office of the Chief Human Capital Officer processes requests for
accommodations from employees and applicants based on a sincerely held
religious belief, practice, or observance. The request (including any
documentation provided in support of the request), notes or records
made during consideration of requests, decisions on requests, records
made to implement or track decisions on requests and similar
documentation related to requests for reconsideration, are all covered
by this system of records.
For the Commission,
Charlotte A. Burrows,
Chair.
SYSTEM NAME AND NUMBER:
EEOC-23: Religious Accommodation Records.
SECURITY CLASSIFICATION:
This system of records does not contain classified records.
SYSTEM LOCATION:
Office of the Chief Human Capital Officer, Equal Employment
Opportunity Commission, 131 M Street NE, Washington, DC 20507.
SYSTEM MANAGER(S):
Accommodations Manager, Office of the Chief Human Capital Officer,
Equal Employment Opportunity Commission, 131 M Street NE, Washington,
DC 20507; [email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e(j), as
amended; 29 CFR 1614 (Federal Sector Equal Employment Opportunity); 29
CFR 1605 (Guidelines on Discrimination Because of Religion); EEOC Order
560.009.
PURPOSE(S) OF THE SYSTEM:
This system is maintained for the purpose of considering, deciding,
and implementing requests for accommodations for sincerely held
religious beliefs, practice, or observances made by EEOC employees and
applicants.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former EEOC employees and applicants who request
accommodations based on a sincerely held religious belief, practice, or
observance.
CATEGORIES OF RECORDS IN THE SYSTEM:
Requests for religious accommodations; notes or records made during
consideration of requests; decisions on requests; records made to
implement or track decisions on requests; requests for reconsideration;
notes or records made during consideration of requests for
reconsideration; final decisions made in response to requests for
reconsideration; records made to implement or track decisions on
requests for reconsideration.
RECORD SOURCE CATEGORIES:
Information contained in this system is obtained from the current
or former employee or applicant requesting a religious accommodation,
the Office of the Chief Human Capital Officer, and management
officials.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
These records and information in these records are used:
a. To disclose information to another Federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a Federal agency when the Government is a
party to the judicial or administrative proceeding, and the EEOC
determines that use of such records is relevant and necessary to the
litigation or proceeding.
b. To disclose information to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of the individual.
c. To disclose to an authorized appeal grievance examiner, formal
complaints examiner, administrative 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 employee.
d. To disclose to appropriate agencies, entities, and persons when:
(1) The EEOC suspects or has confirmed that there has been a breach of
the system of records; (2) the EEOC has determined that as a result of
the suspected or confirmed breach there is a risk of harm to
individuals, the EEOC (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 EEOC's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
e. To disclose to another Federal agency or Federal entity when the
EEOC 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Maintained in locked file cabinets and electronically.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Indexed by name of employee or applicant and office location, or by
assigned number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
These records are maintained in the Office of the Chief Human
Capital Officer for the longer of an employee's tenure with EEOC or 5
years. Thereafter, they will be destroyed.
ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Files are maintained in locked cabinets. Access is restricted to
EEOC personnel whose official duties require such access. Access to
computerized records is limited, through use of logins and passwords,
to those whose official duties require access.
RECORD ACCESS PROCEDURES:
Inquiries concerning this system of records should be addressed to
the System Manager. It is necessary to provide the full name of the
individual whose records are requested, position title and office
location at the time the accommodation was requested, and a mailing or
email address to which a response may be sent.
CONTESTING RECORD PROCEDURES:
See Record Access Procedures.
NOTIFICATION PROCEDURES:
See Record Access Procedures.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
There are no exemptions applicable to this system of records.
HISTORY:
None.
[FR Doc. 2022-05257 Filed 3-11-22; 8:45 am]
BILLING CODE 6570-01-P
