DAO 215-7

SECTION 1. PURPOSE.

.01  This Order establishes policy and prescribes procedures for the collection, maintenance, use, and management of data on the disability status of Department of Commerce (Department) employees.

.02  This revision reflects the removal of language pertaining to the collection, maintenance, use, and management of data on the race and ethnicity of Department employees, consistent with the United States Equal Employment Opportunity Commission (EEOC) Directives Transmittal 960.001 (June 3, 2026).

a. The Department shall cease collecting and using data on the race and ethnicity of Department employees to the maximum extent permitted by law. Previously collected data will be retained consistent with applicable records retention requirements.

b. This revision shall not be interpreted to conflict with any constitutional, statutory, regulatory, or other legal provision.

SECTION 2. BACKGROUND.

.01  To manage the Department’s Equal Employment Opportunity (EEO) responsibilities, the Department’s Office of Civil Rights (OCR) must strive to have available current, complete, and accurate data on the disability status of Department employees. The data, which are voluntarily provided, will be used to comply with EEO requirements. The Department’s centralized personnel data system will contain codes for all employees indicating their disability status.

SECTION 3. SCOPE.

.01  The provisions of this Order apply to all Departmental offices and operating units.

SECTION 4. POLICY.

.01  It is the policy of the Department to comply with all administrative requirements in connection with Section 501 of the Rehabilitation Act. 

.02  The collection, use, maintenance, and management of disability-related data shall be in accordance with federal procedures protecting individual rights and shall comply with EEO and all other regulations and requirements. 

SECTION 5. AUTHORITY.

.01 Solicitation of disability-related information is authorized by Section 501 of the Rehabilitation Act of 1973, as amended, and 29 C.F.R. § 1614.601(f).

SECTION 6. RESPONSIBILITIES.

.01  The Director of the Office of Civil Rights shall:

a.   Set policy and provide guidance for the management of disability data in any form that may identify individual employees;
b.   Approve all written procedures on the collection and use of data regarding disability;

c.   Specify requirements for Departmental reports that include disability distribution of employees by grade, salary level, occupation, and other categories or classifications; and

d.   Review compliance with this Order.

.02  The Director of the Office of Human Resources Management shall:

a.   Establish procedures for maintaining the Department’s centralized personnel data system on disability; and

b.   Review compliance with this Order.

.03  Servicing Human Resource Office personnel officers shall:

a.   Collect data, which are provided on a voluntary basis, for the centralized personnel data system and ensure it is complete and confidential;

b.    Provide a Standard Form (SF) 256, “Self-Identification of Disability,” https://www.opm.gov/forms/pdf_fill/sf256.pdf, to each incoming employee so that he or she may identify his or her disability status on a voluntary basis;

c.    Notify incoming employees that the Department has an obligation to request disability data, that such data is obtained by voluntary self-identification, and that procedures exist to prevent the unauthorized disclosure of such data.

d.    Honor any employee’s choice to decline to provide information on his or her disability status without any adverse effect, and report any such employee’s disability status in accordance with that choice (e.g., “unknown,” “I do not wish to identify any disability or serious health condition”).

SECTION 7. DATA RELEASE PROCEDURES.

.01  Data on disability status will not be released except for use in an EEO complaint procedure, for other legitimate EEO purposes, or as required by law. The decision to release information that identifies individual employees will be made on a case-by-case basis by the Director of the Office of Civil Rights or the designated EEO official for the affected Departmental office or operating unit, consistent with applicable disclosure law.

a.   All statistical data released to internal and external third persons and/or organizations must ensure that all potential risks to confidentiality are considered and possible disclosure of an individual’s data is addressed. Disclosure of an individual’s data occurs when someone can use published statistical information, either by itself or in combination with other data, to identify an individual who has provided information under a pledge of confidentiality.

b.    All statistical data released to internal and third parties and/or organizations must employ disclosure limitation procedures consistent with Department Administrative Order 216-26 (i.e., coarsening or suppression), as appropriate.

.02  No data obtained under this Order may be filed or retained in an employee’s official personnel folder or any other personnel record file, other than the Department’s automated personnel data system.

.03   All disability designations will be kept confidential.

.04  Upon request to the cognizant servicing human resources office or the EEO office, an employee will be informed how he or she is coded in the personnel data system. No information shall be provided regarding any other employee.

SECTION 8. EFFECT ON OTHER ORDERS.

.01  This Order supersedes Department Administrative Order 215-7, October 24, 2017, and any prior Department order, policy, or requirement insofar as it is contrary to the provisions of this Order.

Signed by: Director of Civil Rights

Approved by: Chief Financial Officer and Assistant Secretary for Administration

Office of Primary Interest: Office of Civil Rights