D.C. Mun. Regs. tit. 6, r. 6-B3104

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 6-B3104 - COLLECTION OF INFORMATION

3104.1

Any information in personnel records (whether or not those records are in a system of records) used in whole or in part in making a determination about an individual's rights, benefits, or privileges under personnel programs should, to the greatest extent practicable, be collected directly from the individual concerned. Factors to be considered in determining whether to collect the data from the individual concerned or a third party shall be as follows:

(a) The nature of the information is such that it can only be obtained from another party.

(b) The cost of collecting the information directly from the individual is unreasonable when compared with the cost of collecting it from another party.

(c) There is virtually no risk that information collected from other parties, if inaccurate, could result in a determination adverse to the individual concerned.

(d) The information supplied by an individual must be verified by another party.

(e) There are provisions made, to the greatest extent practicable, to verify information collected from another party with the individual concerned.

3104.2

Personnel records describing how individuals exercise rights guaranteed by the First Amendment shall be prohibited unless expressly authorized by statute, or by the individual concerned, or unless pertinent to and within the scope of an authorized law enforcement activity. These rights include, but are not limited to, free exercise of religious and political beliefs, freedom of speech and the press, and freedom to assemble and to petition the government.

3104.3

The system of personnel records for the District Government was established prior to 1975, and required the use of Social Security Account Numbers to identify employee records in regard to pay, benefits, and information retrieval, pursuant to Executive Order 9397, dated November 22, 1943, and related provisions of the District Personnel Manual. Accordingly, the Social Security Account Number shall be used to obtain the services and benefits of employment with the District Government.

3104.4

Equal Employment Opportunity data is restricted by the following:

(a) The District of Columbia Human Rights Act of 1977, which prohibits discrimination, including discrimination in employment by the District Government, for any reason other than individual merit, including discrimination by reason of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, physical handicap, source of income, and place of residence or business.

(b) The Affirmative Action in District Government Employment Act of 1976, the objective of which is to attain full representation in jobs at all salary and wage levels and scales in accordance with the representation in the available work force, including, but not limited to, Blacks, Whites, Spanish-speaking Americans, Native Americans, Asian Americans, females, and males.

3104.5

Each District Government agency is required to develop an annual affirmative action plan based upon showing the representation in the employee population of the groups enumerated above and shall further state what actions are being taken to secure equal employment opportunity of those groups and of the aging, young, handicapped, and homosexual citizens.

3104.6

Data on an individual's membership in such groups shall not be included in any system of personnel records unless unavoidable as incidental to a requirement of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 or specifically authorized by law or regulation, except for the equal employment opportunity (EEO) data records authorized to be maintained by this section. In no event shall such data be maintained or used in such a manner as to discriminate against any employee in a manner prohibited by the Human Rights Act of 1977.

3104.7

An EEO data file may be established for the following purposes:

(a) To facilitate affirmative action reporting, planning and evaluation, agencies are authorized to maintain a file of workforce characteristics, including data otherwise prohibited by subsections 3104.4 and 3104.5 of this section, to meet their requirements and according to specifications of the D.C. Office of Human Rights; provided that the EEO data file shall be separated from all other systems of personnel records and maintained in the manner prescribed by this subsection, unless the Director of Personnel authorizes, in writing, the merger with other personnel records.

(b) To enable assessment of adverse impact in examining procedures, a record of work characteristics otherwise prohibited may be maintained. Such a record is an EEO data file for the purposes of this chapter. Other files required for EEO purposes may be authorized by the Director of Personnel.

3104.8

EEO data may be used--

(a) To generate statistical reports for the purposes outlined in paragraph 3104.7(a) above; and

(b) To enable analysis for determining and eliminating or minimizing adverse impact as stated in paragraph 3104.7(b) above.

3104.9

To the maximum extent feasible, information shall be obtained directly from the employee or applicant concerned.

3104.10

The custodian of the EEO data shall ensure that no data on an individual is disclosed except as provided in this chapter, and that such data is removed from the file as soon as it has served the purposes for which gathered.

3104.11

Unless authorized in writing by the Director, D.C. Office of Personnel, access to unsummarized information in the EEO data records shall be limited to officers and employees with an official need to know, provided, however, that an employee or his or her representative designated in writing is entitled to access to the information compiled under the authority of paragraph 3104.7(a) above.

D.C. Mun. Regs. tit. 6, r. 6-B3104

Final Rulemaking published at 28 DCR 4288 (October 2, 1981)