Billing Code 6732-01-P

FEDERAL MEDIATION AND CONCILIATION SERVICE

Privacy Act of 1974; System of Records

AGENCY: Federal Mediation and Conciliation Service

ACTION: Notice of a modified system of records.

SUMMARY: In accordance with the Privacy Act of 1974, the Federal Mediation and 

Conciliation Service (FMCS) proposes to amend and reissue a current system of records 

notice, titled FMCS-0005, Religious Accommodation System, with a change in title to 

Reasonable Accommodation System. The system will include information that FMCS 

collects and maintains for applicants for employment and federal employees who request 

and/or receive reasonable accommodations for medical or religious reasons. The notice 

amendment adds medical accommodations. It also includes administrative updates to 

refine details published under the summary, supplementary information, system name, 

authority for maintenance of the system, purpose of the system, categories of individuals 

covered by the system, categories of records in the system, record source categories, 

routine uses, policies and practices for storage of records, administrative safeguards, and 

record access procedures. These sections are amended to refine previously published 

information about the system of records. The addresses, for further information contact, 

system number, security classification, system location, system managers, policies and 

practices for retrieval of records, policies and practices for retention and disposal of 

records, contesting records, and notification procedures remain unchanged. This amended 

SORN deletes and supersedes the SORN published in Federal Register on October 27, 

2021. 

DATES: This system of records will be effective without further notice on [INSERT 

DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL 

REGISTER] unless otherwise revised pursuant to comments received. New routine uses 
will be effective on [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION 

IN THE FEDERAL REGISTER]. Comments must be received on or before [INSERT 

DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL 

REGISTER]. 

ADDRESSES: You may send comments, identified by FMCS-0005 by any of the 

following methods:

• Mail: Office of General Counsel, 250 E Street, SW, Washington, DC 20427. 

• E-mail: ogc@fmcs.gov. Include FMCS-0005 on the subject line of the message.

• Fax: (202) 606-5444.

FOR FURTHER INFORMATION CONTACT: Doug Jones, Director of Information 

Technology, at djones@fmcs.gov or 202-606-5483.

SUPPLEMENTARY INFORMATION:

The notice amendment adds medical accommodations. It also includes 

administrative updates to refine details published under the summary, supplementary 

information, system name, authority for maintenance of the system, purpose of the 

system, categories of individuals covered by the system, categories of records in the 

system, record source categories, routine uses, policies and practices for storage of 

records, administrative safeguards, and record access procedures. These sections are 

amended to refine previously published information about the system of records. The 

addresses, for further information contact, system number, security classification, system 

location, system managers, policies and practices for retrieval of records, policies and 

practices for retention and disposal of records, contesting records, and notification 

procedures remain unchanged.

In accordance with the Privacy Act of 1974, 5 U.S.C. 552(a), this system is 

needed for collecting, storing, and maintaining records on applicants for employment, 

employees, and other individuals who participate in FMCS programs or activities who 
request or receive reasonable accommodations from FMCS for religious or medical

reasons.

Title V of the Rehabilitation Act of 1973, as amended, prohibits discrimination in 

services and employment based on disability, and Title VII of the Civil Rights Act of 

1974 prohibits discrimination, including based on religion. These prohibitions on 

discrimination require Federal agencies to provide reasonable accommodations to 

individuals with disabilities and those with sincerely held religious beliefs unless doing 

so would impose an undue hardship. In some instances, individuals may request 

modifications to their workspace, schedule, duties, or other requirements for documented 

medical reasons that may not qualify as a disability, such as a temporary medical 

condition, but may necessitate an appropriate modification to workplace policies and 

practices. FMCS may address those requests pursuant to the general authority of the 

Director contained in Title 29 of the United States Code.

Reasonable accommodations may include, but are not limited to: making existing 

facilities readily accessible to individuals with disabilities; restructuring jobs, modifying 

work schedules or places of work, and providing flexible scheduling for medical 

appointments or religious observance; acquiring or modifying equipment or examinations 

or training materials; providing qualified readers and interpreters, personal assistants, 

service animals; granting permission to wear religious dress, hairstyles, or facial hair or 

to observe a religious prohibition against wearing certain garments; considering requests 

for medical and religious exemptions to specific workplace requirements; and making 

other modifications to workplace policies and practices.

FMCS processes requests for reasonable accommodations from employees and 

applicants for employment, respectively, who require an accommodation due to a 

medical or religious reason; and processes requests based on documented medical 

reasons that may not qualify as a disability but that necessitate an appropriate 
modification to workplace policies and practices. The request, documentation provided 

in support of the request, any evaluation conducted internally, or by a third party under 

contract to FMCS, the decision regarding whether to grant or deny a request, and the 

details and conditions of the reasonable accommodation are all included in this system of 

records.

SYSTEM NAME AND NUMBER: FMCS-0005 Reasonable Accommodation System.

SECURITY CLASSIFICATION: Unclassified. 

SYSTEM LOCATION: Federal Mediation and Conciliation Service, Office of General 

Counsel (OGC), 250 E Street, SW, Washington, DC 20427.

SYSTEM MANAGER(S): Angie Titcombe, Director of Human Resources, and Natalie 

Samuels, Benefits and Retirement Specialist. Doug Jones, Director of Information 

Technology, will not access content in the internal folder, will only troubleshoot any 

technical issues regarding electronic files. Send mail to Federal Mediation and 

Conciliation Service, 250 E Street Southwest, Washington, DC 20427.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 29 U.S.C. 172, et seq.; 

Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq.; 42 U.S.C. 12101; The 

Rehabilitation Act of 1973, 29 U.S.C. 701, 791, 794; E.O. 13164, as amended by E.O. 

13478; E.O. 13548; E.O. 14043; 29 C.F.R. part 1605; 29 C.F.R. part 1614; 29 C.F.R. part 

1615; 29 C.F.R. part 1630.

PURPOSE(S) OF THE SYSTEM: The purpose of this system is to provide a system for 

collecting, processing, and maintaining religious and medical accommodation requests on 

applicants for employment, employees, and other individuals who participate in FMCS 

programs or activities who request or receive reasonable accommodations or other 

appropriate modifications from FMCS for medical or religious reasons; to process, 

evaluate, and make decisions on individual requests; details of request, including final 
determinations, and any supporting documentation; and to track and report the processing 

of such requests in FMCS to comply with applicable requirements in law and policy. 

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The categories 

of individuals covered in the system of records includes both current and former Federal 

employees who have requested religious and medical accommodations, applicants for 

employment, and other individuals who participate in FMCS programs or activities who 

request or receive reasonable accommodations or other appropriate modifications from 

FMCS for medical or religious reasons. 

CATEGORIES OF RECORDS IN THE SYSTEM: These records contain the 

following:

• Requester’s name;

• Requester’s status (applicant or employee);

• Requester’s contact information (addresses, phone numbers, and email addresses);

• Date of the request;

• Employee’s position title, grade, series, step;

• Description of religious belief and how it will impact the ability to comply with 

agency requirements and perform official duties;

• Description of the medical condition or disability and any medical documentation 

provided in support of the request;

• Supplemental medical records or medical certification documents in support of 

the request or determination;

• Description of the accommodation being requested;

• Description of previous requests for accommodation;

• Whether the request was granted or denied, and if denied the reason for the 

denial;

• Documentation of how the request was made;
• Documentation of any extenuating circumstances that prevent FMCS from 

meeting relevant timeframes;

• The sources of technical assistance consulted in trying to identify a possible 

reasonable accommodation;

• Any reports or evaluations prepared in determining whether to grant or deny the 

request; and

• Any other information collected or developed in connection with the request for a 

reasonable accommodation.

RECORD SOURCE CATEGORIES: Information in this system of records is provided 

by: 

1. The Federal employee, applicant, or other individual submitting an 

accommodation form.

2. FMCS Human Resources officials who provide confirmation approval or denial 

of requests.

3. Supervisors who provide information regarding how the requests would impact 

agency operations. 

4. Medical providers or professionals who evaluate the request or who provide 

supplemental or supporting documentation.

5. Religious or spiritual advisors or institutions who evaluate the request or who 

provide supplemental or supporting documentation.

Additional record source categories could include documents pertaining to the 

employee’s religion and religious practices, and medical requests.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING 

CATEGORIES OF USERS AND PURPOSES OF SUCH USES: In addition to those 

disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a 

portion of the records or information contained in this system may be disclosed to 
authorized entities, as is determined to be relevant and necessary, outside the FMCS as a 

routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

a) To disclose pertinent information to the appropriate Federal, State, or local 

agency responsible for investigating, prosecuting, enforcing, or implementing a 

statute, rule regulation or order where FMCS becomes aware of an indication of a 

violation or potential violation of civil or criminal laws or regulations.

b) To disclose information to the National Archives and Records Administration 

(NARA) for use in its records management inspections; to the Government 

Accountability Office (GAO) for oversight purposes; to the Department of Justice 

(DOJ) to obtain that department’s advice regarding disclosure obligations under 

the Freedom of Information Act (FOIA); or to the Office of Management and 

Budget (OMB) to obtain that office’s advice regarding obligations under the 

Privacy Act. 

c) To disclose information to the National Archives and Records Administration 

(NARA) or the General Services Administration in records management 

inspections conducted under authority of 44 U.S.C. 2904 and 2906.

d) To disclose information to contractors, grantees, experts, consultants, detailees, 

and other non-Government employees performing or working on a contract, 

service, or other assignment for the Federal Government when necessary to 

accompany an agency function related to this system of records.

e) To officials of labor organizations recognized under 5 U.S.C. Chapter 71 upon 

receipt of a formal request and in accordance with the conditions of 5 U.S.C. 7114 

when relevant and necessary to their duties of exclusive representation concerning 

personnel policies, practices, and matters affecting working conditions.
f) To disclose information to a Member of Congress or a congressional office in 

response to an inquiry made on behalf of, and at the request of, an individual who 

is the subject of the record. 

g) To disclose information when FMCS determines that the records are relevant to a 

proceeding before a court, grand jury, or administrative or adjudicative body 

when the adjudicator determines the records to be relevant to the proceeding.

h) 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. Such disclosure is permitted only when it is relevant and necessary to 

the litigation or proceeding.

i) To any agency, organization, or person for the purposes of performing audit or 

oversight operations related to the operation of this system of records as 

authorized by law, but only information necessary and relevant to such audit or 

oversight function.

j) To disclose information to a spiritual leader, religious scholar, medical 

professional, or medical provider when necessary to obtain information relevant 

to the request.

k) To another Federal agency, including but not limited to the Equal Employment 

Opportunity Commission and the Office of Special Counsel to obtain advice 

regarding statutory, regulatory, policy, and other requirements related to 

reasonable accommodation.

l) To an authorized appeal grievance examiner, formal complaints examiner, 

administrative judge, equal employment opportunity investigator, arbitrator, or 

other duly authorized official engages in investigation or settlement of a 
grievance, complaint, or appeal filed by an individual who requested a reasonable 

accommodation or other appropriate modification.

m) To a Federal agency, FMCS personnel, or entity authorized to procure assistive 

technologies and services in response to a request for reasonable accommodation.

n) To FMCS clients needing to accommodate FMCS employees performing official 

duties. 

o) To first aid and safety personnel if the individual’s medical condition requires 

emergency treatment.

p) To another Federal agency pursuant to a written agreement with FMCS to provide 

services (such as medical evaluations), when necessary, in support of reasonable 

accommodation decisions.

q) To appropriate agencies, entities, and persons when (1) FMCS suspects or has 

confirmed that there has been a breach of the system of records, (2) FMCS has 

determined that as a result of the suspected or confirmed breach there is a risk of 

harm to individuals, FMCS (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 FMCS’s efforts to respond to the suspected or confirmed breach 

or to prevent, minimize, or remedy such harm.

r) To another Federal agency or Federal entity, when FMCS 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: These records are 

maintained in hard copy and electronic form in locations only accessible to authorized 

personnel. Electronic records are stored on the agency’s internal servers with restricted 

access to authorized Human Resources staff and designated deciding officials as 

determined by agency policy. Hard copy records are stored in a locked cabinet accessible 

to authorized Human Resources staff and designated deciding officials as determined by 

agency policy. 

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: These records 

are retrieved by the name or other programmatic identifier assigned to an individual in 

the electronic database and paper filing system. 

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF 

RECORDS: All records are retained and disposed of in accordance with General 

Records Schedule 2.3, issued by the National Archives and Records Administration.

Records are updated as needed, retained for three years after separation and/or for the 

entirety of the employee’s active employment, and destroyed by shredding or deleting. 

ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS: Records are 

located in a locked file storage area or stored electronically in locations only accessible to 

authorized personnel requiring agency security credentials. Access is restricted, and 

accessible to limited Human Resources officials, and/or individuals in a need-to-know 

capacity. FMCS buildings are guarded and monitored by security personnel, cameras, ID 

checks, and other physical security measures.

RECORD ACCESS PROCEDURES: If an employee would like access to their 

Religious or Medical Accommodation Form, please send a request with the specific 

information needed to the resource mailbox at FMCSMedicalInfo@fmcs.gov. A copy of 

the requested information will be provided via email in an encrypted file.
CONTESTING RECORDS PROCEDURES: See 29 CFR 1410.6, Requests for 

correction or amendment of records, on how to contest the content of any records. 

Privacy Act requests to amend or correct records may be submitted to the Privacy Office 

at privacy@fmcs.gov, FMCS 250 E Street, SW Washington, DC 20427. Also, see 

https://www.fmcs.gov/privacy-policy/. 

NOTIFICATION PROCEDURES: See 29 CFR 1410.3(a), Individual access requests. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: None.

HISTORY: This amended SORN deletes and supersedes the SORN published in Federal 

Register on October 27, 2021, at 86 FR 59389. 

Dated: November 17, 2021.

Sarah Cudahy,

General Counsel.