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SECTION 1.
PURPOSE.
This Order
establishes policy and prescribes procedures and responsibilities for
collection, maintenance, use and management of data on race, national
origin, and medical disability (handicapped) designations of employees.
SECTION 2.
BACKGROUND.
To manage the
Department's Equal Employment Opportunity (EEO) responsibilities, the
Departmental Office of Civil Rights (OCR) must have available current,
complete and accurate data on the race, national origin, and medical
disability designations of employees. These data will be used to comply
with the EEO and affirmative action requirements. The Department
centralized personnel data system will contain a code for each employee
according to the basic categories of race, national origin, and medical
disability status described in Exhibits 1, 2, and 3 of the Order.
SECTION 3.
POLICY.
.01 The
provisions of this Order apply to the Office of the Secretary and all
primary and constituent operating units ("operating units")
of the Department including their subcomponents.
.02 The collection, use, maintenance and management of racial, national
origin, and medical disability data shall be in accordance with Federal
procedures protecting individual rights and comply with EEO and
affirmative action regulations and requirements.
SECTION 4.
AUTHORITY.
.01 Solicitation
of race and national origin information is authorized by 42 U.S.C.,
2000 e-16, and Federal Personnel Manual Letter 298-10 dated September
26, 1980.
.02 Solicitation of medical disability information is authorized by 29
CFR 1613.706 © and Federal Personnel Manual Supplement 298-1.
SECTION 5.
RESPONSIBILITIES.
.01 The Office of
Personnel and Civil Rights shall:
a. Set policy and provide guidance for the management of race, national
origin and medical disability data in any form that may identify
individual employees;
b. Approve all written procedures on collection and use of data
regarding race, national origin and medical disability;
c. Establish procedures for maintaining the Department centralized
personnel data system on race, national origin and medical disability;
d. Specify requirements for Department reports which include race,
national origin, and medical disability distribution of employees by
grade, salary level, and occupation; and
e. Review compliance with this Order as a part of the Department's
Personnel Management Evaluation Program.
.02 Operating Unit Personnel Officers shall:
a. Collect data for the centralized personnel data system and ensure
that they are complete and confidential;
b. Provide a Standard Form (SF) 181, "Race and National Origin
Identification" and Standard Form (SF) 256 "Self
Identification of Medical Disability" to each incoming employee so
that he/she may identify his/her race or national origin and medical
disability (see Exhibits 1 and 2 of this Order);
c. Use Commerce Form CD 400, "Self Identification of Handicapping
Condition" to collect medical disability data from applicants.
This data will be used to meet EEOC program and reporting requirements
(see Exhibit 3 of this Order);
d. Counsel employee(s) when the data provided by the employee(s) on the
SF 181 appear to be inaccurate. The Personnel Officer or the delegated
official will inform the employee(s) that the data serves a useful
purpose; the importance of accuracy; the operating unit's recognition
of the sensitivity of such data; and the existence of procedures to
prevent its unauthorized disclosure. After such counseling, if the
employee(s) refuses to change the designation, the operating unit
official will accept the employee's designation. Employees are to be
informed that it is mandatory for the Department to obtain race and
national origin data on all employees - either voluntarily or by visual
perception of the correct classification. It an employee declines to
provide the data, even after counselling, he or she will be coded as
deemed appropriate by the personnel officer or delegate official;
e. Advise employees to check the appropriate code on the SF 256 and
inform them of the importance of providing accurate medical disability
information. Accept the employees self-identification code even if they
appear to be inaccurate. Enter the code 01 "I do not wish to
identify my handicap status" for employees who refuse to
self-identify; and
f. Enter the employee's self-identified race or national origin code
and medical disability code into the automated personnel data system,
and destroy the SF 181, and SF 256.
.03 Employees are requested by the Personnel Officer to provide current
and accurate race or national origin and medical disability information
on the appropriate forms.
.04 Completion of Forms SF 181, SF 256, and CD 400 is voluntary on the
part of employees and applicants. There shall be no adverse effect on
an individual's employment or consideration for employment if he/she
chooses not to provide this information.
SECTION 6.
DATA RELEASE PROCEDURES.
.01 Data on race,
national origin, and medical disability status are used to:
a. Evaluate compliance with the Department's affirmative action program
by measuring progress toward the goals established in affirmative
action plans; and
b. Conduct EEO studies and aid in the investigation and adjudication of
EEO complaints.
.02 Data on individual employees will not be released except for use in
an EEO complaint procedure or for other legitimate EEO purposes.
Department officials investigating compliance with law, regulations,
and policies regarding EEO affirmative action shall be provided
information upon request to the personnel officer or the EEO programs
manager. The decision to release any information which identifies
individual employees will be made on the basis of each case by the
Director, Office of Civil Rights or the designated EEO official in the
affected operating unit or subcomponent.
.03 No data obtained under this Order may be files or retained in an
employee's official personnel folder or any other personnel record
file, other than the Department approve automated personnel data
system.
.04 Medical disability designations will be kept confidential except
that:
a. Department managers, selecting officials, and others involved in the
selection process or responsible for affirmative action may be informed
by the servicing personnel office that the individual has a medical
disability and it eligible for appointment under one of the special
appointment authorities;
b. Supervisors and managers may be informed by the servicing personnel
office of the need for special accommodations or job modifications.
.05 Upon request to the Personnel Office or the EEO Office an employee
will be shown how he/she is coded in the personnel data system. No
information shall be provided regarding any other employee.
SECTION 7.
EFFECT ON OTHER ORDERS.
This Order
supersedes Section 3 of Department Administrative Order 202-713, dated
October 17, 1969, as amended.
________________________________
Director for Personnel and Civil Rights
Approved:
________________________________
Assistant Secretary for Administration
Office of Primary Interest
Office of Civil Rights
Index Changes.
Add.
Collection and Management of Racial and National Origin and Medical
Disability Data 215-7
USCOMM- DC - 87-9000
NOTE: EXHIBITS
ARE NOT INCLUDED HEREIN - Please call (202) 482-7873 for copies.
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