[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
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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
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
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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:
(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;
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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;
(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