E.O. 14035 emphasized a number of topics in relation to DEIA, including paid internships, partnerships and recruitment, professional development and advancement, training and learning, equity for employees with disabilities, equity for LBGTQ+ employees, pay equity, and employment opportunities for formerly incarcerated individuals. Image: Victor FlowerFly/Shutterstock.com
Following are key sections of a Congressional Research Service report reviewing the status of diversity, equity, inclusion, and accessibility initiatives in the federal workplace.
On June 25, 2021, President Joe Biden issued Executive Order (E.O.) 14035 on “Diversity, Equity, Inclusion, and Accessibility [DEIA] in the Federal Workforce,” which mandates that the federal government enhance its ability to recruit, hire, develop, promote, and retain talented individuals and to act as a model employer for DEIA. This E.O. required the Office of Personnel Management (OPM) to create a “Government-Wide DEIA Plan” and required executive branch agencies to create their own DEIA strategic plans and tasked them with several DEIA-related responsibilities. In addition, E.O. 14035 emphasized a number of topics in relation to DEIA, including paid internships, partnerships and recruitment, professional development and advancement, training and learning, equity for employees with disabilities, equity for LBGTQ+ employees, pay equity, and employment opportunities for formerly incarcerated individuals.
E.O. 14035 requires each agency to establish a chief diversity officer (CDO) or diversity and inclusion officer (DIO). OPM established the Chief Diversity Officers Executive Council (CDOEC) as a forum to engage agency CDOs and DIOs. The CDOEC is tasked with collaborating government-wide on strategic matters related to DEIA; collaborating with member agencies and public and private stakeholders on DEIA programs; engaging in benchmark, strategy, and metric setting for DEIA standards; and promoting the priorities and operating principles of E.O. 14035.
OPM published the Government-Wide Strategic Plan to Advance Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce in November 2021. The Government-Wide DEIA Plan provides guidance to agencies for implementing E.O. 14035 through vision and mission statements, operating principles, DEIA priorities, advancement strategies, a maturity model, a workplace harassment framework, and next steps. E.O. 14035 also tasked OPM with a number of DEIA roles and responsibilities related to recruitment and hiring, training and development, and workforce equity.
In addition to the work that E.O. 14035 requires of the OPM director, the document outlines specific roles and responsibilities for executive departments and agencies, including reporting and data collection requirements. The head of each agency is required to make DEIA initiatives a priority in strategic planning efforts. Each agency was also directed to develop an Agency DEIA Strategic Plan. This report discusses three specific Agency DEIA Strategic Plans as examples of agency implementation of E.O. 14035 and the Government-Wide DEIA Plan. These plans are from OPM, the Department of Transportation, and the Department of Commerce.
OPM published its first annual report to discuss the progress made on implementing the Government-Wide DEIA Plan and E.O. 14035. The inaugural 2022 report provides workforce demographic data related to race, gender, veteran status, disability status, military spouses, and the Pathways Program. OPM outlines seven “accomplishments” in the report and planned actions for 2023. As of the time this report was published, OPM had not yet released an annual report for 2023.
Issues for Congress
DEIA in the federal workforce is an issue of sustained interest to both the Biden Administration and Congress. DEIA related topics may present opportunities for congressional oversight and legislative action. Potential areas of congressional interest may include:
• OPM’s capacity to implement E.O. 14035, the Government-Wide DEIA Plan, and other initiatives;
• agency and federal employee engagement with DEIA issues; and
• the relevance of DEIA as a policy priority.
OPM’s overall operational capacity has been a matter of debate in recent years. In 2021, the National Academy of Public Administration released a congressionally mandated report on OPM, which included 23 recommendations for the agency. Several of these recommendations related to increasing OPM’s capacity, modernizing OPM’s approach to human capital management, streamlining the agency’s operations, and bolstering OPM’s leadership role in workforce planning for the federal government. OPM issued a formal response in September 2021. In February 2023, the Government Accountability Office (GAO) issued a report titled Federal Workforce: OPM Advances Efforts to Close Government-Wide Skills Gaps but Needs a Plan to Improve Its Own Capacity, which suggests that OPM has skill gaps that may hinder its ability to provide support to other executive agencies. GAO recommended that “OPM (1) establish an action plan to address its skills gaps, and (2) document and take other actions to address the risks its skills gaps pose to meeting its strategic objectives. OPM concurred with both recommendations.” As of the time of this report’s publication, the statuses of GAO’s recommendations were designated as “open.” In light of the concerns regarding OPM’s capabilities, Congress may wish to consider if OPM is able to lead the DEIA initiatives and other human capital management activities that are of interest to Congress.
According to OPM’s 2023 FEVS, DEIA Index scores increased slightly from 2022 to 2023. The DEIA Index is designed to measure employee perceptions of agency practices related to DEIA, with higher scores indicating more positive perceptions. The DEIA Index was added to the FEVS in 2022.
Given the small number of years’ worth of data collected by the DEIA Index, it remains to be seen if there are significant conclusions to be drawn regarding employee perception of agencies’ DEIA actions. Congress may wish to review the DEIA question set to determine if it is a satisfactory measure of this topic moving forward.
OPM’s most recent annual report on the progress of government-wide DEIA initiatives covers 2022. OPM has not yet released a report for 2023 as of the time of this report’s publication. Congress may wish to consider if OPM’s reporting on DEIA is prompt enough for oversight purposes.
OPM Advises Agencies on Conducting RIFs During Shutdown
Updated Shutdown Contingency Plans Show Range of Impacts
Use Shutdown as Justification for More RIFs, OMB Tells Agencies
Unions Win a Round in Court Disputes over Anti-Representation Orders
Deferred Resignation Periods End for Many; Overall 12% Drop
Senate Bill Would Override Trump Orders against Unions
TSP Adds Detail to Upcoming Roth Conversion Feature
See also,
Legal: How to Challenge a Federal Reduction in Force (RIF) in 2025
How to Handle Taxes Owed on TSP Roth Conversions? Use a Ladder
The Best Ages for Federal Employees to Retire
Best States to Retire for Federal Retirees: 2025
Retention Standing, ‘Bump and Retreat’ and More: Report Outlines RIF Process