Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce

[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]

[Presidential Documents]

[Pages 34593-34603]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2021-14127]

Presidential Documents

Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 /

Presidential Documents

[[Page 34593]]

Executive Order 14035 of June 25, 2021

Diversity, Equity, Inclusion, and Accessibility

in the Federal Workforce

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, including sections 1104, 3301, and 3302 of

title 5, United States Code, and in order to strengthen

the Federal workforce by promoting diversity, equity,

inclusion, and accessibility, it is hereby ordered as

follows:

Section 1. Policy. On my first day in office, I signed

Executive Order 13985 (Advancing Racial Equity and

Support for Underserved Communities Through the Federal

Government), which established that affirmatively

advancing equity, civil rights, racial justice, and

equal opportunity is the responsibility of the whole of

our Government. To further advance equity within the

Federal Government, this order establishes that it is

the policy of my Administration to cultivate a

workforce that draws from the full diversity of the

Nation.

rights, racial justice, and

equal opportunity is the responsibility of the whole of

our Government. To further advance equity within the

Federal Government, this order establishes that it is

the policy of my Administration to cultivate a

workforce that draws from the full diversity of the

Nation.

As the Nation's largest employer, the Federal

Government must be a model for diversity, equity,

inclusion, and accessibility, where all employees are

treated with dignity and respect. Accordingly, the

Federal Government must strengthen its ability to

recruit, hire, develop, promote, and retain our

Nation's talent and remove barriers to equal

opportunity. It must also provide resources and

opportunities to strengthen and advance diversity,

equity, inclusion, and accessibility across the Federal

Government. The Federal Government should have a

workforce that reflects the diversity of the American

people. A growing body of evidence demonstrates that

diverse, equitable, inclusive, and accessible

workplaces yield higher-performing organizations.

Federal merit system principles include that the

Federal Government's recruitment policies should

``endeavor to achieve a work force from all segments of

society'' and that ``[a]ll employees and applicants for

employment should receive fair and equitable treatment

in all aspects of personnel management'' (5 U.S.C.

2301(b)(1), (2))

clude that the

Federal Government's recruitment policies should

``endeavor to achieve a work force from all segments of

society'' and that ``[a]ll employees and applicants for

employment should receive fair and equitable treatment

in all aspects of personnel management'' (5 U.S.C.

2301(b)(1), (2)). As set forth in Executive Order 13583

of August 18, 2011 (Establishing a Coordinated

Government-Wide Initiative to Promote Diversity and

Inclusion in the Federal Workforce), the Presidential

Memorandum of October 5, 2016 (Promoting Diversity and

Inclusion in the National Security Workforce),

Executive Order 13988 of January 20, 2021 (Preventing

and Combating Discrimination on the Basis of Gender

Identity or Sexual Orientation), the National Security

Memorandum of February 4, 2021 (Revitalizing America's

Foreign Policy and National Security Workforce,

Institutions, and Partnerships), and Executive Order

14020 of March 8, 2021 (Establishment of the White

House Gender Policy Council), the Federal Government is

at its best when drawing upon all parts of society, our

greatest accomplishments are achieved when diverse

perspectives are brought to bear to overcome our

greatest challenges, and all persons should receive

equal treatment under the law

hite

House Gender Policy Council), the Federal Government is

at its best when drawing upon all parts of society, our

greatest accomplishments are achieved when diverse

perspectives are brought to bear to overcome our

greatest challenges, and all persons should receive

equal treatment under the law. This order reaffirms

support for, and builds upon, the procedures

established by Executive Orders 13583, 13988, and

14020, the Presidential Memorandum on Promoting

Diversity and Inclusion in the National Security

Workforce, and the National Security Memorandum on

Revitalizing America's Foreign Policy and National

Security Workforce, Institutions, and Partnerships.

This order establishes that diversity, equity,

inclusion, and accessibility are priorities for my

Administration and benefit the entire Federal

Government and the Nation, and establishes

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additional procedures to advance these priorities

across the Federal workforce.

Sec. 2. Definitions. For purposes of this order, in the

context of the Federal workforce:

(a) The term ``underserved communities'' refers to

populations sharing a particular characteristic, as

well as geographic communities, who have been

systematically denied a full opportunity to participate

in aspects of economic, social, and civic life

, in the

context of the Federal workforce:

(a) The term ``underserved communities'' refers to

populations sharing a particular characteristic, as

well as geographic communities, who have been

systematically denied a full opportunity to participate

in aspects of economic, social, and civic life. In the

context of the Federal workforce, this term includes

individuals who belong to communities of color, such as

Black and African American, Hispanic and Latino, Native

American, Alaska Native and Indigenous, Asian American,

Native Hawaiian and Pacific Islander, Middle Eastern,

and North African persons. It also includes individuals

who belong to communities that face discrimination

based on sex, sexual orientation, and gender identity

(including lesbian, gay, bisexual, transgender, queer,

gender non-conforming, and non-binary (LGBTQ+)

persons); persons who face discrimination based on

pregnancy or pregnancy-related conditions; parents; and

caregivers. It also includes individuals who belong to

communities that face discrimination based on their

religion or disability; first-generation professionals

or first-generation college students; individuals with

limited English proficiency; immigrants; individuals

who belong to communities that may face employment

barriers based on older age or former incarceration;

persons who live in rural areas; veterans and military

spouses; and persons otherwise adversely affected by

persistent poverty, discrimination, or inequality

limited English proficiency; immigrants; individuals

who belong to communities that may face employment

barriers based on older age or former incarceration;

persons who live in rural areas; veterans and military

spouses; and persons otherwise adversely affected by

persistent poverty, discrimination, or inequality.

Individuals may belong to more than one underserved

community and face intersecting barriers.

(b) The term ``diversity'' means the practice of

including the many communities, identities, races,

ethnicities, backgrounds, abilities, cultures, and

beliefs of the American people, including underserved

communities.

(c) The term ``equity'' means the consistent and

systematic fair, just, and impartial treatment of all

individuals, including individuals who belong to

underserved communities that have been denied such

treatment.

(d) The term ``inclusion'' means the recognition,

appreciation, and use of the talents and skills of

employees of all backgrounds.

(e) The term ``accessibility'' means the design,

construction, development, and maintenance of

facilities, information and communication technology,

programs, and services so that all people, including

people with disabilities, can fully and independently

use them

employees of all backgrounds.

(e) The term ``accessibility'' means the design,

construction, development, and maintenance of

facilities, information and communication technology,

programs, and services so that all people, including

people with disabilities, can fully and independently

use them. Accessibility includes the provision of

accommodations and modifications to ensure equal access

to employment and participation in activities for

people with disabilities, the reduction or elimination

of physical and attitudinal barriers to equitable

opportunities, a commitment to ensuring that people

with disabilities can independently access every

outward-facing and internal activity or electronic

space, and the pursuit of best practices such as

universal design.

(f) The term ``agency'' means any authority of the

United States that is an ``agency'' under 44 U.S.C.

3502(1), other than one considered to be an independent

regulatory agency, as defined in 44 U.S.C. 3502(5).

Sec. 3. Government-Wide Diversity, Equity, Inclusion,

and Accessibility Initiative and Strategic Plan

(f) The term ``agency'' means any authority of the

United States that is an ``agency'' under 44 U.S.C.

3502(1), other than one considered to be an independent

regulatory agency, as defined in 44 U.S.C. 3502(5).

Sec. 3. Government-Wide Diversity, Equity, Inclusion,

and Accessibility Initiative and Strategic Plan. The

Director of the Office of Personnel Management (OPM)

and the Deputy Director for Management of the Office of

Management and Budget (OMB)--in coordination with the

Chair of the Equal Employment Opportunity Commission

(EEOC) and in consultation with the Secretary of Labor,

the Director of the Office of Science and Technology

Policy, the Assistant to the President for National

Security Affairs, the Assistant to the President for

Domestic Policy (APDP), the Director of the National

Economic Council, and the Co-Chairs of the Gender

Policy Council--shall:

(a) reestablish a coordinated Government-wide

initiative to promote diversity and inclusion in the

Federal workforce, expand its scope to specifically

include equity and accessibility, and coordinate its

implementation with

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the provisions of Executive Order 13985 and the

National Security Memorandum on Revitalizing America's

Foreign Policy and National Security Workforce,

Institutions, and Partnerships;

its scope to specifically

include equity and accessibility, and coordinate its

implementation with

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the provisions of Executive Order 13985 and the

National Security Memorandum on Revitalizing America's

Foreign Policy and National Security Workforce,

Institutions, and Partnerships;

(b) develop and issue a Government-wide Diversity,

Equity, Inclusion, and Accessibility Strategic Plan

(Government-wide DEIA Plan) within 150 days of the date

of this order that updates the Government-wide plan

required by section 2(b)(i) of Executive Order 13583.

The Government-wide DEIA Plan shall be updated as

appropriate and at a minimum every 4 years. The

Government-wide DEIA Plan shall:

(i) define standards of success for diversity, equity, inclusion, and

accessibility efforts based on leading policies and practices in the public

and private sectors;

(ii) consistent with merit system principles, identify strategies to

advance diversity, equity, inclusion, and accessibility, and eliminate,

where applicable, barriers to equity, in Federal workforce functions,

including: recruitment; hiring; background investigation; promotion;

retention; performance evaluations and awards; professional development

programs; mentoring programs or sponsorship initiatives; internship,

fellowship, and apprenticeship programs; employee resource group and

affinity group programs; temporary employee details and assignments; pay

and compensation policies; benefits, including health benefits, retirement

benefits, and employee services and work-life programs; disciplinary or

adverse actions; reasonable accommodations for employees and applicants

with disabilities; workplace policies to prevent gender-based violence

(including domestic violence, stalking, and sexual violence); reasonable

ac

details and assignments; pay

and compensation policies; benefits, including health benefits, retirement

benefits, and employee services and work-life programs; disciplinary or

adverse actions; reasonable accommodations for employees and applicants

with disabilities; workplace policies to prevent gender-based violence

(including domestic violence, stalking, and sexual violence); reasonable

accommodations for employees who are members of religious minorities; and

training, learning, and onboarding programs;

(iii) include a comprehensive framework to address workplace harassment,

including sexual harassment, which clearly defines the term ``harassment'';

outlines policies and practices to prevent, report, respond to, and

investigate harassment; promotes mechanisms for employees to report

misconduct; encourages bystander intervention; and addresses training,

education, and monitoring to create a culture that does not tolerate

harassment or other forms of discrimination or retaliation; and

(iv) promote a data-driven approach to increase transparency and

accountability, which would build upon, as appropriate, the EEOC's

Management Directive 715 reporting process;

(c) establish an updated system for agencies to

report regularly on progress in implementing Agency

DEIA Strategic Plans (as described in section 4(b) of

this order) and in meeting the objectives of this

order. New reporting requirements should be aligned

with ongoing reporting established by Executive Order

13985 and the National Security Memorandum on

Revitalizing America's Foreign Policy and National

Security Workforce, Institutions, and Partnerships

this order) and in meeting the objectives of this

order. New reporting requirements should be aligned

with ongoing reporting established by Executive Order

13985 and the National Security Memorandum on

Revitalizing America's Foreign Policy and National

Security Workforce, Institutions, and Partnerships.

Agency reports on actions taken to meet the objectives

of this order shall include measurement of

improvements, analysis of the effectiveness of agency

programs, and descriptions of lessons learned. The

Director of OPM and the Deputy Director for Management

of OMB shall support agencies in developing workforce

policies and practices designed to advance diversity,

equity, inclusion, and accessibility throughout

agencies by, for example, providing updated guidance

and technical assistance to ensure that agencies

consistently improve, evaluate, and learn from their

workforce practices;

(d) pursue opportunities to consolidate

implementation efforts and reporting requirements

related to advancing diversity, equity, inclusion, and

accessibility established through related or

overlapping statutory mandates, Presidential

directives, and regulatory requirements; and

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(d) pursue opportunities to consolidate

implementation efforts and reporting requirements

related to advancing diversity, equity, inclusion, and

accessibility established through related or

overlapping statutory mandates, Presidential

directives, and regulatory requirements; and

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(e) support, coordinate, and encourage agency

efforts to conduct research, evaluation, and other

evidence-building activities to identify leading

practices, and other promising practices, for

broadening participation and opportunities for

advancement in Federal employment, and to assess and

promote the benefits of diversity, equity, inclusion,

and accessibility for Federal performance and

operations and barriers to achieving these goals.

Agencies should use the capabilities of their

evaluation officers and chief statistical officers and

requirements under the Foundations for Evidence-Based

Policymaking Act of 2018, Public Law 115-435, to

advance this goal.

Sec. 4. Responsibilities of Executive Departments and

Agencies. The head of each agency shall make advancing

diversity, equity, inclusion, and accessibility a

priority component of the agency's management agenda

and agency strategic planning. The head of each agency

shall implement the Government-wide DEIA Plan prepared

pursuant to section 3 of this order and such other

related guidance as issued from time to time by the

Director of OPM or the Deputy Director for Management

of OMB. In addition, the head of each agency shall:

agency strategic planning. The head of each agency

shall implement the Government-wide DEIA Plan prepared

pursuant to section 3 of this order and such other

related guidance as issued from time to time by the

Director of OPM or the Deputy Director for Management

of OMB. In addition, the head of each agency shall:

(a) within 100 days of the date of this order,

submit to the APDP, the Director of OPM, and the Deputy

Director for Management of OMB a preliminary assessment

of the current state of diversity, equity, inclusion,

and accessibility in the agency's human resources

practices and workforce composition. In conducting such

assessment, the head of each agency should:

(i) assess whether agency recruitment, hiring, promotion, retention,

professional development, performance evaluations, pay and compensation

policies, reasonable accommodations access, and training policies and

practices are equitable;

(ii) take an evidence-based and data-driven approach to determine whether

and to what extent agency practices result in inequitable employment

outcomes, and whether agency actions may help to overcome systemic societal

and organizational barriers;

(iii) assess the status and effects of existing diversity, equity,

inclusion, and accessibility initiatives or programs, and review the amount

of institutional resources available to support human resources activities

that advance the objectives outlined in section 1 of this order; and

(iv) identify areas where evidence is lacking and propose opportunities to

build evidence to advance diversity, equity, inclusion, and accessibility

and address those gaps identified;

n, and accessibility initiatives or programs, and review the amount

of institutional resources available to support human resources activities

that advance the objectives outlined in section 1 of this order; and

(iv) identify areas where evidence is lacking and propose opportunities to

build evidence to advance diversity, equity, inclusion, and accessibility

and address those gaps identified;

(b) within 120 days of the issuance of the

Government-wide DEIA Plan, and annually thereafter,

develop and submit to the APDP, the Director of OPM,

and the Deputy Director for Management of OMB an Agency

Diversity, Equity, Inclusion, and Accessibility

Strategic Plan (Agency DEIA Strategic Plan), as

described by section 3(b) of Executive Order 13583 and

as modified by this order. Agency DEIA Strategic Plans

should identify actions to advance diversity, equity,

inclusion, and accessibility in the workforce and

remove any potential barriers to diversity, equity,

inclusion, and accessibility in the workforce

identified in the assessments described in subsection

(a) of this section. Agency DEIA Strategic Plans should

also include quarterly goals and actions to advance

diversity, equity, inclusion, and accessibility

initiatives in the agency workforce and in the agency's

workplace culture;

the workforce

identified in the assessments described in subsection

(a) of this section. Agency DEIA Strategic Plans should

also include quarterly goals and actions to advance

diversity, equity, inclusion, and accessibility

initiatives in the agency workforce and in the agency's

workplace culture;

(c) on an annual basis, report to the President on

the status of the agency's efforts to advance

diversity, equity, inclusion, and accessibility within

the agency, and the agency's success in implementing

the Agency DEIA Strategic Plan. Consistent with

guidance issued as part of the Government-wide DEIA

Plan, the agency head shall also make available to the

general public information on efforts to advance

diversity, equity, inclusion, and accessibility in the

agency's workforce;

(d) oversee, and provide resources and staffing to

support, the implementation of the Agency DEIA

Strategic Plan;

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(e) enhance diversity, equity, inclusion, and

accessibility within the agency, in collaboration with

the agency's senior officials and consistent with

applicable law and merit system principles;

(f) seek opportunities to establish a position of

chief diversity officer or diversity and inclusion

officer (as distinct from an equal employment

opportunity officer), with sufficient seniority to

coordinate efforts to promote diversity, equity,

inclusion, and accessibility within the agency;

(f) seek opportunities to establish a position of

chief diversity officer or diversity and inclusion

officer (as distinct from an equal employment

opportunity officer), with sufficient seniority to

coordinate efforts to promote diversity, equity,

inclusion, and accessibility within the agency;

(g) strongly consider for employment, to the extent

permitted by applicable law, qualified applicants of

any background who have advanced diversity, equity,

inclusion, and accessibility in the workplace; and

(h) in coordination with OMB, seek opportunities to

ensure alignment across various organizational

performance planning requirements and efforts by

integrating the Agency DEIA Strategic Plan and

diversity, equity, inclusion, and accessibility goals

into broader agency strategic planning efforts

described in 5 U.S.C. 306 and the agency performance

planning described in 31 U.S.C. 1115.

Sec. 5. Data Collection. (a) The head of each agency

shall take a data-driven approach to advancing policies

that promote diversity, equity, inclusion, and

accessibility within the agency's workforce, while

protecting the privacy of employees and safeguarding

all personally identifiable information and protected

health information.

ad of each agency

shall take a data-driven approach to advancing policies

that promote diversity, equity, inclusion, and

accessibility within the agency's workforce, while

protecting the privacy of employees and safeguarding

all personally identifiable information and protected

health information.

(b) Using Federal standards governing the

collection, use, and analysis of demographic data (such

as OMB Directive No. 15 (Standards for Maintaining,

Collecting, and Presenting Federal Data on Race and

Ethnicity) and OMB Memorandum M-14-06 (Guidance for

Providing and Using Administrative Data for Statistical

Purposes)), the head of each agency shall measure

demographic representation and trends related to

diversity in the agency's overall workforce

composition, senior workforce composition, employment

applications, hiring decisions, promotions, pay and

compensation, professional development programs, and

attrition rates.

(c) The Director of OPM, the Chair of the EEOC, and

the Deputy Director for Management of OMB shall review

existing guidance, regulations, policies, and practices

(for purposes of this section, ``guidance'') that

govern agency collection of demographic data about

Federal employees, and consider issuing, modifying, or

revoking such guidance in order to expand the

collection of such voluntarily self-reported data and

more effectively measure the representation of

underserved communities in the Federal workforce

govern agency collection of demographic data about

Federal employees, and consider issuing, modifying, or

revoking such guidance in order to expand the

collection of such voluntarily self-reported data and

more effectively measure the representation of

underserved communities in the Federal workforce. In

revisiting or issuing any such guidance, the Director

of OPM, the Chair of the EEOC, and the Deputy Director

for Management of OMB shall take steps to promote the

protection of privacy and to safeguard personally

identifiable information; facilitate intersectional

analysis; and reduce duplicative reporting

requirements. In considering whether to revisit or

issue such guidance, the Director of OPM, the Chair of

the EEOC, and the Deputy Director for Management of OMB

shall consult with the Chief Statistician of the United

States, the Chair of the Chief Data Officers Council,

and the Co-Chairs of the Interagency Working Group on

Equitable Data established in section 9 of Executive

Order 13985.

(d) The head of each agency shall implement any

such revised guidance issued pursuant to subsection (c)

of this section to expand the collection of voluntarily

self-reported demographic data. The head of each agency

shall also take steps to ensure that data collection

and analysis practices allow for the capture or

presence of multiple attributes and identities to

ensure an intersectional analysis.

of this section to expand the collection of voluntarily

self-reported demographic data. The head of each agency

shall also take steps to ensure that data collection

and analysis practices allow for the capture or

presence of multiple attributes and identities to

ensure an intersectional analysis.

(e) The head of each agency shall collect and

analyze voluntarily self-reported demographic data

regarding the membership of advisory committees,

commissions, and boards in a manner consistent with

applicable law, including privacy and confidentiality

protections, and with statistical standards where

applicable. For agencies that have external advisory

committees, commissions, or boards to which agencies

appoint members, agency heads shall

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pursue opportunities to increase diversity, equity,

inclusion, and accessibility on such committees,

commissions, and boards.

Sec. 6. Promoting Paid Internships. (a) The Director of

OPM and the Deputy Director for Management of OMB shall

issue guidance to agencies and the Executive Office of

the President with respect to internships and similar

programs within the Federal Government, including

guidance on how to:

boards.

Sec. 6. Promoting Paid Internships. (a) The Director of

OPM and the Deputy Director for Management of OMB shall

issue guidance to agencies and the Executive Office of

the President with respect to internships and similar

programs within the Federal Government, including

guidance on how to:

(i) increase the availability of paid internships, fellowships, and

apprenticeships, and reduce the practice of hiring interns, fellows, and

apprentices who are unpaid;

(ii) ensure that internships, fellowships, and apprenticeships serve as a

supplement to, and not a substitute for, the competitive hiring process;

(iii) ensure that internships, fellowships, and apprenticeships serve to

develop individuals' talent, knowledge, and skills for careers in

government service;

(iv) improve outreach to and recruitment of individuals from underserved

communities for internship, fellowship, and apprenticeship programs; and

(v) ensure all interns, fellows, and apprentices with disabilities,

including applicants and candidates, have a process for requesting and

obtaining reasonable accommodations to support their work in the Federal

Government, without regard to whether such individuals are covered by the

Rehabilitation Act of 1973, Public Law 93-112.

(b) The head of each agency shall, as part of the

annual reporting process described in section 4(c) of

this order, measure and report on the agency's progress

with respect to the matters described in subsection (a)

of this section.

individuals are covered by the

Rehabilitation Act of 1973, Public Law 93-112.

(b) The head of each agency shall, as part of the

annual reporting process described in section 4(c) of

this order, measure and report on the agency's progress

with respect to the matters described in subsection (a)

of this section.

Sec. 7. Partnerships and Recruitment. (a) The Director

of the Office of Science and Technology Policy (OSTP),

the Director of OPM, and the Deputy Director for

Management of OMB, in consultation with the Chair of

the EEOC, shall coordinate a Government-wide initiative

to strengthen partnerships (Partnerships Initiative) to

facilitate recruitment for Federal employment

opportunities of individuals who are members of

underserved communities. To carry out the Partnerships

Initiative, the Director of OSTP, the Director of OPM,

and the Deputy Director for Management of OMB shall

take steps to increase diversity in the Federal

employment pipeline by supporting and guiding agencies

in building or strengthening partnerships with

Historically Black Colleges and Universities, including

Historically Black Graduate Institutions; Hispanic-

Serving Institutions; Tribal Colleges and Universities;

Native American-serving, nontribal institutions; Asian

American and Pacific Islander-serving institutions;

Tribally controlled colleges and universities; Alaska

Native-serving and Native Hawaiian-serving

institutions; Predominantly Black Institutions; women's

colleges and universities; State vocational

rehabilitation agencies that serve individ

Asian

American and Pacific Islander-serving institutions;

Tribally controlled colleges and universities; Alaska

Native-serving and Native Hawaiian-serving

institutions; Predominantly Black Institutions; women's

colleges and universities; State vocational

rehabilitation agencies that serve individuals with

disabilities; disability services offices at

institutions of higher education; organizations

dedicated to serving veterans; public and non-profit

private universities serving a high percentage of

economically disadvantaged students or first-generation

college or graduate students; community colleges and

technical schools; and community-based organizations

that are dedicated to serving and working with

underserved communities, including return-to-work

programs, programs that provide training and support

for older adults seeking employment, programs serving

formerly incarcerated individuals, centers for

independent living, disability rights organizations,

and organizations dedicated to serving LGBTQ+

individuals.

(b) The head of each agency shall work with the

Director of OSTP, the Director of OPM, and the Deputy

Director for Management of OMB to make employment,

internship, fellowship, and apprenticeship

opportunities available through the Partnerships

Initiative, and shall take steps to enhance recruitment

efforts through the Partnerships Initiative, as part of

the agency's overall recruitment efforts

ty

Director for Management of OMB to make employment,

internship, fellowship, and apprenticeship

opportunities available through the Partnerships

Initiative, and shall take steps to enhance recruitment

efforts through the Partnerships Initiative, as part of

the agency's overall recruitment efforts. The head of

each agency shall, as part of the reporting processes

described in sections 3(c) and 4(c) of this order,

measure and report on the agency's progress on carrying

out this subsection.

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Sec. 8. Professional Development and Advancement. (a)

The Director of OPM, in consultation with the Deputy

Director for Management of OMB, shall issue detailed

guidance to agencies for tracking demographic data

relating to participation in leadership and

professional development programs and development

opportunities offered or sponsored by agencies and the

rate of the placement of participating employees into

senior positions in agencies, in a manner consistent

with privacy and confidentiality protections and

statistical limitations.

(b) The head of each agency shall implement the

guidance issued pursuant to subsection (a) of this

section, and shall use demographic data relating to

participation in professional development programs to

identify ways to improve outreach and recruitment for

professional development programs offered or sponsored

by the agency, consistent with merit system principles

nce issued pursuant to subsection (a) of this

section, and shall use demographic data relating to

participation in professional development programs to

identify ways to improve outreach and recruitment for

professional development programs offered or sponsored

by the agency, consistent with merit system principles.

The head of each agency shall also address any barriers

to access to or participation in such programs faced by

members of underserved communities.

Sec. 9. Training and Learning. (a) The head of each

agency shall take steps to implement or increase the

availability and use of diversity, equity, inclusion,

and accessibility training programs for employees,

managers, and leadership. Such training programs should

enable Federal employees, managers, and leaders to have

knowledge of systemic and institutional racism and bias

against underserved communities, be supported in

building skillsets to promote respectful and inclusive

workplaces and eliminate workplace harassment, have

knowledge of agency accessibility practices, and have

increased understanding of implicit and unconscious

bias.

institutional racism and bias

against underserved communities, be supported in

building skillsets to promote respectful and inclusive

workplaces and eliminate workplace harassment, have

knowledge of agency accessibility practices, and have

increased understanding of implicit and unconscious

bias.

(b) The Director of OPM and the Chair of the EEOC

shall issue guidance and serve as a resource and

repository for best practices for agencies to develop

or enhance existing diversity, equity, inclusion, and

accessibility training programs.

Sec. 10. Advancing Equity for Employees with

Disabilities. (a) As established in Executive Order

13548 of July 26, 2010 (Increasing Federal Employment

of Individuals with Disabilities), the Federal

Government must become a model for the employment of

individuals with disabilities. Because a workforce that

includes people with disabilities is a stronger and

more effective workforce, agencies must provide an

equitable, accessible, and inclusive environment for

employees with disabilities. In order for Federal

employees and applicants with disabilities to be

assessed on their merits, accessible information

technologies must be provided and, where needed,

reasonable accommodations must be available that will

allow qualified individuals with disabilities to

perform the essential functions of their positions and

access advancement opportunities. To that end, the

relevant agencies shall take the actions set forth in

this section.

ed and, where needed,

reasonable accommodations must be available that will

allow qualified individuals with disabilities to

perform the essential functions of their positions and

access advancement opportunities. To that end, the

relevant agencies shall take the actions set forth in

this section.

(b) The Secretary of Labor, the Director of OPM,

the Chair of the EEOC, the Deputy Director for

Management of OMB, and the Executive Director of the

Architectural and Transportation Barriers Compliance

Board (Access Board), in consultation with the

Administrator of General Services, as appropriate,

shall coordinate with agencies to:

(i) support the Federal Government's effort to provide people with

disabilities equal employment opportunities and take affirmative actions

within the Federal Government to ensure that agencies fully comply with

applicable laws, including sections 501, 504, and 508 of the Rehabilitation

Act of 1973, as amended (29 U.S.C. 791, 794, 794d);

(ii) assess current practices in using Schedule A hiring authority to

employ people with disabilities in the Federal Government, and evaluate

opportunities to enhance equity in employment opportunities and financial

security for employees with disabilities through different practices or

guidance on the use of Schedule A hiring authority; and

Act of 1973, as amended (29 U.S.C. 791, 794, 794d);

(ii) assess current practices in using Schedule A hiring authority to

employ people with disabilities in the Federal Government, and evaluate

opportunities to enhance equity in employment opportunities and financial

security for employees with disabilities through different practices or

guidance on the use of Schedule A hiring authority; and

(iii) ensure that:

(A) applicants and employees with disabilities have access to information

about and understand their rights regarding disability self-identification;

[[Page 34600]]

(B) applicants and employees with disabilities have access to information

about Schedule A hiring authority for individuals with disabilities;

(C) applicants and employees with disabilities have access to information

about, understand their rights to, and may easily request reasonable

accommodations, workplace personal assistance services, and accessible

information and communication technology;

(D) the process of responding to reasonable accommodation requests is

timely and efficient;

(E) the processes and procedures for appealing the denial of a reasonable

accommodation request are timely and efficient; and

(F) all information and communication technology and products developed,

procured, maintained, or used by Federal agencies are accessible and usable

by employees with disabilities consistent with all standards and technical

requirements of the Rehabilitation Act of 1973.

the processes and procedures for appealing the denial of a reasonable

accommodation request are timely and efficient; and

(F) all information and communication technology and products developed,

procured, maintained, or used by Federal agencies are accessible and usable

by employees with disabilities consistent with all standards and technical

requirements of the Rehabilitation Act of 1973.

(c) To ensure that all Federal office buildings and

workplaces are accessible to employees with

disabilities, the Administrator of General Services,

the Director of OPM, the Deputy Director for Management

of OMB, and the Executive Director of the Access Board

shall work with Federal agencies to ensure that Federal

buildings and leased facilities comply with the

accessibility standards of the Architectural Barriers

Act of 1968, Public Law 90-480, and related standards.

(d) Beyond existing duties to comply with the

Architectural Barriers Act of 1968 and related

standards, the head of each agency shall maximize the

accessibility of the physical environment of the

agency's workplaces, consistent with applicable law and

the availability of appropriations, so as to reduce the

need for reasonable accommodations, and provide

periodic notice to all employees that complaints

concerning accessibility barriers in Federal buildings

can be filed with the Access Board.

agency's workplaces, consistent with applicable law and

the availability of appropriations, so as to reduce the

need for reasonable accommodations, and provide

periodic notice to all employees that complaints

concerning accessibility barriers in Federal buildings

can be filed with the Access Board.

(e) The Secretary of Defense and the Secretary of

Labor shall review the use of the Workforce Recruitment

Program (WRP) for college students and recent graduates

with disabilities and take steps, as appropriate and

consistent with applicable law, to expand the WRP. The

Secretaries shall submit a report to the APDP

describing any steps taken pursuant to this subsection

and providing recommendations for any Presidential,

administrative, or congressional actions to further

expand and strengthen the program and expand job

opportunities.

Sec. 11. Advancing Equity for LGBTQ+ Employees. (a) As

established in Executive Order 13988, it is the policy

of my Administration to prevent and combat

discrimination on the basis of gender identity or

sexual orientation. Each Federal employee should be

able to openly express their sexual orientation, gender

identity, and gender expression, and have these

identities affirmed and respected, without fear of

discrimination, retribution, or disadvantage. To that

end, the relevant agencies shall take the actions set

forth in this section.

ee should be

able to openly express their sexual orientation, gender

identity, and gender expression, and have these

identities affirmed and respected, without fear of

discrimination, retribution, or disadvantage. To that

end, the relevant agencies shall take the actions set

forth in this section.

(b) The head of each agency shall, in coordination

with the Director of OPM, ensure that existing employee

support services equitably serve LGBTQ+ employees,

including, as appropriate, through the provision of

supportive services for transgender and gender non-

conforming and non-binary employees who wish to

legally, medically, or socially transition.

(c) To ensure that LGBTQ+ employees (including

their beneficiaries and their eligible dependents), as

well as LGBTQ+ beneficiaries and LGBTQ+ eligible

dependents of all Federal employees, have equitable

access to healthcare and health insurance coverage:

(i) the Director of OPM shall take actions to promote equitable healthcare

coverage and services for enrolled LGBTQ+ employees (including their

beneficiaries and their eligible dependents), LGBTQ+ beneficiaries, and

LGBTQ+ eligible dependents, including coverage of comprehensive gender-

affirming care, through the Federal Employees Health Benefits Program; and

[[Page 34601]]

(ii) the Secretary of Defense shall take actions to promote equitable

healthcare coverage and services for LGBTQ+ members of the uniformed

services (including their beneficiaries and their eligible dependents),

LGBTQ+ beneficiaries, and LGBTQ+ eligible dependents, including coverage of

comprehensive gender-affirming care, through the Military Health System.

nefits Program; and

[[Page 34601]]

(ii) the Secretary of Defense shall take actions to promote equitable

healthcare coverage and services for LGBTQ+ members of the uniformed

services (including their beneficiaries and their eligible dependents),

LGBTQ+ beneficiaries, and LGBTQ+ eligible dependents, including coverage of

comprehensive gender-affirming care, through the Military Health System.

(d) To ensure that LGBTQ+ employees (including

their beneficiaries and their eligible dependents),

LGBTQ+ beneficiaries, and LGBTQ+ eligible dependents

have equitable access to all other insurance coverage

and employee benefits, the head of each agency shall,

in coordination with the Director of OPM, ensure that

the Federal Government equitably provides insurance

coverage options and employee benefits for LGBTQ+

employees (including their beneficiaries and their

eligible dependents), LGBTQ+ beneficiaries, and LGBTQ+

eligible dependents, including long-term care

insurance, sick leave, and life insurance. This

includes ensuring that Federal benefits, programs, and

services recognize the diversity of family structures.

(e) To ensure that all Federal employees have their

respective gender identities accurately reflected and

identified in the workplace:

re

insurance, sick leave, and life insurance. This

includes ensuring that Federal benefits, programs, and

services recognize the diversity of family structures.

(e) To ensure that all Federal employees have their

respective gender identities accurately reflected and

identified in the workplace:

(i) the head of each agency shall, in coordination with the Director of

OPM, take steps to foster an inclusive environment where all employees'

gender identities are respected, such as by including, where applicable,

non-binary gender marker and pronoun options in Federal hiring, employment,

and benefits enrollment forms;

(ii) the Secretary of Commerce, acting through the Director of the National

Institute of Standards and Technology, shall update, as appropriate and in

consultation with any other relevant agencies, any relevant Federal

employee identification standards to ensure that Federal systems for

issuing employee identity credentials account for the needs of transgender

and gender non-conforming and non-binary employees. The Secretary, in

coordination with any other relevant agencies, shall take steps to reduce

any unnecessary administrative burden for transgender and gender non-

conforming and non-binary employees to update their names, photographs,

gender markers, and pronouns on federally issued employee identity

credentials, where applicable; and

(iii) the head of each agency shall, in consultation with the Director of

OPM, update Federal employee identification standards to include non-binary

gender markers where gender markers are required in employee systems and

profiles, and shall take steps to reduce any unnecessary administrative

burden for transgender and gender non-conforming and non-binary employees

to update their gender markers and pronouns in employee systems and

profiles, where applicable.

of

OPM, update Federal employee identification standards to include non-binary

gender markers where gender markers are required in employee systems and

profiles, and shall take steps to reduce any unnecessary administrative

burden for transgender and gender non-conforming and non-binary employees

to update their gender markers and pronouns in employee systems and

profiles, where applicable.

(f) To support all Federal employees in accessing

workplace facilities aligned with their gender

identities, the head of each agency shall explore

opportunities to expand the availability of gender non-

binary facilities and restrooms in federally owned and

leased workplaces.

(g) The Director of National Intelligence, in

consultation with the Director of OPM and the heads of

agencies, shall take steps to mitigate any barriers in

security clearance and background investigation

processes for LGBTQ+ employees and applicants, in

particular transgender and gender non-conforming and

non-binary employees and applicants.

(h) The Director of OPM shall review and update, if

necessary, OPM's 2017 Guidance Regarding the Employment

of Transgender Individuals in the Federal Workplace.

Sec. 12. Pay Equity. Many workers continue to face

racial and gender pay gaps, and pay inequity

disproportionately affects women of color. Accordingly:

(a) The Director of OPM shall review Government-

wide regulations and guidance and, as appropriate and

consistent with applicable law, in order

[[Page 34602]]

to address any pay inequities and advance equal pay,

consider whether to:

quity

disproportionately affects women of color. Accordingly:

(a) The Director of OPM shall review Government-

wide regulations and guidance and, as appropriate and

consistent with applicable law, in order

[[Page 34602]]

to address any pay inequities and advance equal pay,

consider whether to:

(i) work with agencies to review, and revise if necessary, job

classification and compensation practices; and

(ii) prohibit agencies from seeking or relying on an applicant's salary

history during the hiring process to set pay or when setting pay for a

current employee, unless salary history is raised without prompting by the

applicant or employee.

(b) The head of each agency that administers a pay

system other than one established under title 5 of the

United States Code shall review the agency's

regulations and guidance and, as appropriate and

consistent with applicable law, revise compensation

practices in order to address any pay inequities and

advance equal pay. Agencies should report to OPM any

revisions to compensation practices made to implement

this direction.

(c) The Director of OPM shall submit a report to

the President describing any changes to Government-wide

and agency-specific compensation practices recommended

and adopted pursuant to this order.

cies should report to OPM any

revisions to compensation practices made to implement

this direction.

(c) The Director of OPM shall submit a report to

the President describing any changes to Government-wide

and agency-specific compensation practices recommended

and adopted pursuant to this order.

Sec. 13. Expanding Employment Opportunities for

Formerly Incarcerated Individuals. To support equal

opportunity for formerly incarcerated individuals who

have served their terms of incarceration and to support

their ability to fully reintegrate into society and

make meaningful contributions to our Nation, the

Director of OPM shall evaluate the existence of any

barriers that formerly incarcerated individuals face in

accessing Federal employment opportunities and any

effect of those barriers on the civil service. As

appropriate, the Director of OPM shall also evaluate

possible actions to expand Federal employment

opportunities for formerly incarcerated individuals,

including the establishment of a new hiring authority,

and shall submit a report to the President containing

the results of OPM's evaluation within 120 days of the

date of this order.

Sec. 14. Delegation of Authority. The Director of OPM

is hereby delegated the authority of the President

under sections 3301 and 3302 of title 5, United States

Code, for purposes of carrying out the Director's

responsibilities under this order.

Sec. 15. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

PM

is hereby delegated the authority of the President

under sections 3301 and 3302 of title 5, United States

Code, for purposes of carrying out the Director's

responsibilities under this order.

Sec. 15. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

(i) authority granted by law to an executive department or agency, or the

head thereof; or

(ii) functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

(c) Independent agencies are strongly encouraged to

comply with the provisions of this order.

[[Page 34603]]

(d) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

(Presidential Sig.)

THE WHITE HOUSE,

June 25, 2021.

[FR Doc. 2021-14127

Filed 6-29-21; 8:45 am]

Billing code 3295-F1-P