Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce, 34593-34603 [2021-14127]

Agencies

• Executive Office of the President

[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.

                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)). 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. 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

[[Page 34594]]

                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, 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. 
                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. 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. 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

[[Page 34595]]

                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 
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. 
                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

[[Page 34596]]

                    (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:

                    (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;

                    (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;
                    (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;

[[Page 34597]]

                    (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;
                    (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.

                    (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. 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.
                    (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:

(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.

                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 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. 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. 
                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.

                    (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.

                    (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

(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.

                    (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.
                    (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.

                    (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.

                    (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:

(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.

                    (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:

(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.

                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:

(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