Privacy Act of 1974; System of Records
Published Date: 1/3/2025
Notice
Summary
The Merit Systems Protection Board is updating its records system to better track requests for reasonable accommodations from job applicants, employees, and program participants who need help due to disability, medical, pregnancy, or religious reasons. This change takes effect immediately, and anyone affected can comment until February 3, 2025. No new costs are mentioned, but the update helps protect personal info and ensures fair treatment.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 2 costs, 1 mixed.
Pregnancy included in records
MSPB updated the system to explicitly include pregnant and recently pregnant employees among the individuals covered for reasonable-accommodation records under MSPB--3. The change reflects statutory protections including the Pregnant Workers Fairness Act (effective June 27, 2023) and is effective upon publication on January 3, 2025.
When MSPB may share your accommodation data
MSPB may disclose accommodation records outside the agency in specified circumstances, including to the Department of Justice or other agencies for litigation, to agencies investigating violations, to contractors or medical personnel when necessary, and to other federal entities for breach response or program evaluation. These routine uses are described in the notice and apply to records about applicants, employees, and program participants who request or receive accommodations.
MSPB adds program participants
MSPB expanded who is covered by its "MSPB--3, Reasonable Accommodations" records to include participants in official MSPB functions (such as parties or participants in MSPB appeals and respondents to surveys). This means those non-employee participants who request accommodations will have their requests and related records collected and maintained by MSPB starting when the notice took effect on January 3, 2025.
What records MSPB will keep
MSPB's Reasonable Accommodations system will include the request, supporting records (including medical or religious documentation), any evaluations, the decision to grant or deny the request, and the details/conditions of any accommodation. These records are stored on MSPB's local network or FedRAMP-authorized cloud providers and retained under NARA GRS 2.3—generally disposed three years after employee separation or after appeals conclude, whichever is later.
Public posting of comments and personal info
If you submit comments about MSPB--3 (by email or mail) your comment and any personal information you include—such as name, address, phone number, or email—will be posted without change on MSPB's website. Comments are accepted through February 3, 2025, and the notice explicitly warns submissions will be made public.
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