OPM and partnering agencies have been working on programs and initiatives to begin addressing the Government-wide DEIA Strategic Plan priorities. Image: Arthimedes/Shutterstock.com
By: FEDweek StaffFollowing are the key sections of an OPM report on actions under the Biden administration’s diversity, equity, inclusion and accessibility initiative for the federal workforce under a 2021 executive order.
Since the release of EO 14035, OPM and partnering agencies have been working on programs and initiatives to begin addressing the Government-wide DEIA Strategic Plan priorities. The accomplishments that follow are some programming highlights since the EO’s release.
Accomplishment 1: Chief Diversity Officers Executive Council
Launched on September 29, 2022, the Chief Diversity Officers Executive Council is the principal interagency forum to implement and sustain a national strategy for DEIA across the Federal government and position the Federal government as a model for DEIA. EO 14035, issued on June 25, 2021, and entitled Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce, set forth the authorities supporting development of this Council, including:
• 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.
Additionally, Director Ahuja’s Memo dated January 5, 2022, “Agency Opportunities to Establish Chief Diversity Officer or Diversity and Inclusion Officer Pursuant to Executive Order 14035, Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce” directed OPM to create a forum to engage agency Chief Diversity Officers and/or Diversity and Inclusion Officers, create learning opportunities, and provide technical assistance to agencies. As a result, ODEIA has led the development of an interagency council supported by a council charter. The Chief Diversity Officers Executive Council members include key stakeholders from ODEIA, OMB, and EEOC in addition to a diverse group of government-wide DEIA leaders to ensure representation across the Federal government and the national landscape of diversity leadership.
The Council will:
• Collaborate on broad strategic and operational matters, projects or programs across the Federal government related to DEIA.
• Collaborate with member agencies and public and private stakeholders, as appropriate, on DEIA policies and programs in the Federal government and across other employment sectors.
• Assist with setting clear strategies, benchmarks, and metrics for DEIA standards of excellence and accountability to be employed across the Federal government.
• Support and advise member agencies on their DEIA strategic plans.
• Promote the DEIA priorities outlined in EO 14035, and incorporate the following operating principles:
-Accountability and sustainability
-Use of data and evidence-based decision-making
-Continuous improvement and learning
-Broad engagement with diverse stakeholders and partners
Accomplishment 2: Employee Resource Group Summit
The Federal Employee Resource Group (ERG) Summit was held April 22, 2022, in response to the Government-wide Strategic Plan to Advance DEIA. The Summit was conceived in January 2022 by ODEIA and leveraged the collective knowledge and experiential capital of ODEIA, the Patent and Trademark Office, and several non-government entities to present a virtual, full-day workshop.
The Summit was designed to equip Federal employees in ERGs to better support agencies’ efforts to strategically advance DEIA and impact mission outcomes. Summit topics included: Building and Evolving ERGs Toward the Future of Work, Leveraging ERGs to Foster a Culture of Belonging, Effective Strategic Planning, and Aligning ERG Goals to the Government-wide Strategic Plan to Advance DEIA. Stakeholders, including ERG Leaders, ERG members, ERG Program Managers, and Executive Sponsors, gained clarity surrounding their roles in the development, execution, advocacy, and optimization of ERGs. Coming out of the summit, ERGs were better informed, connected, and strategically positioned to leverage the Government-wide DEIA Strategic Plan, aligning their own agency’s DEIA Strategic Plan to achieve Federal ERG initiatives.
Accomplishment 3: DEIA Summit 2022: A Whole-of-Government Approach to Disability Employment
OPM ODEIA held the first government-wide summit for diversity, equity, inclusion, and accessibility on December 6-8, 2022. The event, titled DEIA Summit 2022: A Whole-of-Government Approach to Disability Employment, was fully virtual and featured remarks and presentations from over 70 leaders and experts from the Federal government, academia, and non-profit and private sector organizations. Leaders discussed promising practices and strategies to improve employment for people with disabilities in the Federal workforce. The summit:
1) Set the expectation for all Federal agencies to not only comply with the legal requirements, but also adhere to the original intention of the Rehabilitation Act, as amended, and the Architectural Barriers Act (ABA); and
2) Set the standard for equity and accessibility for individuals with disabilities, showcasing the Federal government as the nation’s model employer.
Open to all Federal employees, with a target audience of Chief Diversity Officers; Chief Human Capital Officers; Chief Information Officers; Chief Data Officers; Equal Employment, Human Resources, Civil Rights, and Diversity and Inclusion Directors and practitioners; disability-related Employee Resource Group leaders and members; and Federal employees with disabilities, the summit was attended by nearly 1,700 Federal employees and others in various public and private sectors. Participants were:
• Equipped with knowledge and skills to fortify their ability to develop, implement, and evaluate concrete strategies for employing individuals with disabilities;
• Immersed in meaningful conversation to fuel curiosity, innovation, and willingness to improve upon the status quo; and
• Empowered to champion measurable and sustainable progress.
Accomplishment 4: Gender Affirming Care in the FEHB Program
EO 14035 directs OPM to take actions to promote equitable healthcare coverage for LGBTQI+ employees, beneficiaries and eligible dependents, including comprehensive gender-affirming care, through the Federal Employees Health Benefits (FEHB) Program.
As of January 1, 2016, no participating FEHB plan may have a general exclusion of services, drugs or supplies related to the treatment of gender dysphoria. OPM’s Technical Guidance for 2022 plans reiterated that FEHB plans must provide benefits for all covered services when medically necessary for the covered member and directed FEHB Carriers to include a gender affirming care services category in the plan brochure index that clearly articulates where to find information on covered services to make it easier for enrollees to review gender affirming care coverage and select a plan to best fit their needs.
The FEHB Call Letter and Technical Guidance for 2023 benefits proposals strongly encouraged Carriers to:
• Adopt an acceptable standard of care by looking at one or more recognized entities for coverage of gender affirming care and services, such as the World Professional Association of Transgender Health, the Endocrine Society, and the Fenway Institute, for evidence-based clinical guidance to inform their medical policies and benefits coverage;
• Provide any individual diagnosed with or undergoing evaluation for gender dysphoria the option to use a Care Coordinator to assist and support them as they seek gender affirming care and services; and
• Ensure the use of gender inclusive terminology in communication materials, member-accessible resources, and the FEHB Brochure.
Accomplishment 5: 2022 DEIA OPM FEVS Items
Starting in 2021, the OPM Federal Employee Viewpoint Survey (OPM FEVS) Team collaborated extensively with ODEIA, with input from several OPM subject matter experts and various Federal agencies and communities of practice, to develop draft DEIA survey items, as well as updates to the existing sexual orientation and gender identity (SOGI) demographic questions on the OPM FEVS. The purpose of this initiative was to transform the existing OPM FEVS diversity and inclusion index, “New Inclusion Quotient,” into an index that assesses employee experiences with DEIA policies, practices, and procedures regarding their agency and its leaders. The items were included in the FY21 distribution of the OPM FEVS and participants were able to “opt in” and respond to the test items. Validity and reliability statistical analyses revealed the FY21 DEIA items – with a few minor revisions – were effective in assessing employee experience regarding diversity, equity, inclusion, and accessibility. The new items were included in the FY22 Government-wide OPM FEVS distribution and were used to create a new Diversity, Equity, Inclusion and Accessibility Index, which shows 69 percent of respondents report positive perceptions of agency practices related to DEIA. The index is specifically designed to align with EO 14035 and features the four components in the EO: diversity, equity, inclusion, and accessibility. These government-wide results will serve as a baseline to assess future changes, as well as benchmark comparisons for agency DEIA initiatives.
Accomplishment 6: DEIA Learning Community
Following the release of EO 14035, OPM worked with the other DEIA Initiative members to stand up a DEIA Learning Community and begin providing support to the DEIA community. Since then, the Learning Community has worked with 103 agency DEIA EO implementation teams, produced a newsletter with over 1,000 agency subscribers, provided feedback on 157 self-assessments submitted by agencies, hosted 18 webinars, and held regular office hours with an average of 90 attendees per session. The DEIA Initiative also surveyed agencies on existing DEIA promising practices across government and the extent of their adoption and efficacy and reviewed preliminary agency assessments of the current state of DEIA in their human capital practices and workforce composition collected under Section 4(a) of EO 14035. Most notably, the DEIA Initiative also issued the “Government-wide Strategic Plan to Advance Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce” on November 23, 2021.
Accomplishment 7: Advancing DEIA Promising Practices for Federal Agencies
In early 2021, prior to the signing of EO 14035, the Chief Human Capital Officers (CHCO) Council convened an interagency working group co-chaired by the U.S. Office of Personnel Management (OPM) and the Executive Office of the President (EOP) with members from 18 agencies. The working group served as a platform for human capital and DEIA leaders to begin conversations around the key Administration priority of DEIA in the Federal Workforce. The working group issued a call to members to submit their agency human capital employee lifecycle practices related to DEIA. In January 2023, OPM’s CHCO Council and ODEIA released a document titled “Advancing Diversity, Equity, Inclusion, and Accessibility Promising Practices for Federal Agencies.” Each agency spotlight includes a high-level overview of the issue, solution, and outcomes. It is OPM’s hope that agencies will elevate these promising practices government-wide. ODEIA has also spotlighted two agencies during the Government-wide quarterly DEIA Strategic Partners meeting. This temporary interagency working group has now dissolved in favor of the Chief Diversity Officers Executive Council.
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