(a) The Board shall establish a system to collect and
maintain accurate employment information on the race, national origin,
sex, and disability(ies) of its employees.
(b) Data on race,
national origin, and sex shall be collected by voluntary self-identification.
If an employee does not voluntarily provide the requested information,
the Board shall advise the employee of the importance of the data
and of the Board’s obligation to report it. If the employee still
refuses to provide the information, the Board must make a visual identification
and inform the employee of the data it will be reporting. If the Board
believes that information provided by an employee is inaccurate, the
Board shall advise the employee about the solely statistical purpose
for which the data is being collected, the need for accuracy, the
Board’s recognition of the sensitivity of the information, and the
existence of procedures to prevent its unauthorized disclosure. If,
thereafter, the employee declines to change the apparently inaccurate
self-identification, the Board must accept it.
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(c) Subject
to applicable law, the information collected under paragraph (b) of
this section shall be disclosed only in the form of gross statistics.
The Board shall not collect or maintain any information on the race,
national origin, or sex of individual employees except in accordance
with applicable law and when an automated data processing system is
used in accordance with standards and requirements prescribed by the
Commission to ensure individual privacy and the separation of that
information from personnel records.
(d) The Board’s system
is subject to the following controls:
(1) only those categories of race and national
origin prescribed by the Commission may be used;
(2) only the specific procedures for the
collection and maintenance of data that are prescribed or approved
by the Commission may be used.
(e) The Board may
use the data only in studies and analyses which contribute affirmatively
to achieving the objectives of the Board’s equal employment opportunity
program. The Board shall not establish a quota for the employment
of persons on the basis of race, color, religion, sex, or national
origin.
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(f) Data on disabilities shall also be collected by voluntary
self-identification. If an employee does not voluntarily provide the
requested information, the Board shall advise the employee of the
importance of the data and of the Board’s obligation to report it.
If an employee who has been appointed pursuant to a special Board
program for hiring individuals with a disability still refuses to
provide the requested information, the Board must identify the employee’s
disability based upon the records supporting the appointment. If any
other employee still refuses to provide the requested information
or provides information that the Board believes to be inaccurate,
the Board should report the employee’s disability status as unknown.
(g) The Board shall report to the Commission on employment by
race, national origin, sex, and disability in the form and at such
times as the Board and Commission shall agree.