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United States Government Accountability Office: 
GAO: 

Report to the Chairman, Subcommittee on Oversight of Government 
Management, the Federal Workforce, and the District of Columbia, 
Committee on Homeland Security and Governmental Affairs, U.S. Senate: 

May 2012: 

Disability Employment: 

Further Action Needed to Oversee Efforts to Meet Federal Government 
Hiring Goals: 

GAO-12-568: 

GAO Highlights: 

Highlights of GAO-12-568, a report to the Chairman, Subcommittee on 
Oversight of Government Management, the Federal Workforce, and the 
District of Columbia, Committee on Homeland Security and Governmental 
Affairs, U.S. Senate. 

Why GAO Did This Study: 

In July 2010, the president signed Executive Order 13548 committing 
the federal government to become a model employer of individuals with 
disabilities and assigned primary oversight responsibilities to OPM 
and Labor. According to OPM, the federal government is not on track to 
meet the goals of the executive order, which committed the federal 
government to hire 100,000 workers with disabilities over the next 5 
years. GAO was asked to examine the efforts that (1) OPM and Labor 
have made in overseeing federal efforts to implement the executive 
order; and (2) selected agencies have taken to implement the executive 
order and to adopt leading practices for hiring and retaining 
employees with disabilities. To conduct this work, GAO reviewed 
relevant agency documents and interviewed appropriate agency 
officials. GAO conducted case studies at Education, SSA, VA, and OMB. 

What GAO Found: 

The Office of Personnel Management (OPM) and the Department of Labor 
(Labor) have taken steps to implement the executive order and help 
agencies recruit, hire, and retain more employees with disabilities. 
OPM provided guidance to help agencies develop disability hiring plans 
and reviewed the 66 plans submitted. OPM identified deficiencies in 
most of the plans. For example, though 40 of 66 agencies included a 
process for increasing the use of a special hiring authority to 
increase the hiring of people with disabilities, 59 agencies did not 
meet all of OPM’s review criteria, and 32 agencies had not addressed 
plan deficiencies as of April 2012. In response to executive order 
reporting requirements, OPM officials said they had briefed the White 
House on issues related to implementation, but they did not provide 
information on deficiencies in all plans. While the order does not 
specify what information these reports should include beyond 
addressing progress, providing information on deficiencies would 
enable the White House to hold agencies accountable. OPM is still 
developing the mandatory training programs for officials on the 
employment of individuals with disabilities, as required by the 
executive order. Several elective training efforts exist to help 
agencies hire and retain employees with disabilities, but agency 
officials said that more information would help them better use 
available tools. To track and measure progress towards meeting the 
executive order’s goals, OPM relies on employees to voluntarily 
disclose a disability. Yet, agency officials, including OPM’s, are 
concerned about the quality of the data. For example, agency officials 
noted that people may not disclose their disability due to concerns 
about how the information may be used. Without quality data, agencies 
may be challenged to effectively implement and assess the impact of 
their disability hiring plans. 

The Department of Education (Education), Social Security 
Administration (SSA), Office of Management and Budget (OMB), and 
Department of Veterans Affairs (VA) submitted disability hiring plans, 
and have taken steps to implement leading practices for increasing 
employment of individuals with disabilities, such as demonstrating top 
leadership commitment. The executive order provided SSA, VA, and 
Education an opportunity to further develop existing written plans. 
However, officials at these agencies cited funding constraints as a 
potential obstacle to hiring more employees with disabilities. In 
terms of leading practices, all four agencies have communicated their 
commitment to hiring and retaining individuals with disabilities and 
coordinated within or across other agencies to improve their 
recruitment and retention efforts. For example, each agency has a 
single point of contact to help ensure that employees with 
disabilities have access to information that is comparable to that 
provided to those without disabilities, and for overseeing activities 
related to hiring and retaining employees with disabilities. In 
addition, VA holds senior managers accountable for meeting hiring 
goals by including targets in their contracts. Each agency requires 
training for managers and supervisors on procedures for hiring 
individuals with disabilities, and VA further requires that all 
employees receive training on the legal rights of individuals with 
disabilities. Education, SSA, and VA rely on centralized funding 
accounts to pay for reasonable accommodations. 

What GAO Recommends: 

GAO recommends that OPM: (1) incorporate information about plan 
deficiencies into its required regular reporting to the president on 
implementing the executive order and inform agencies about this 
process; (2) expedite the development of the mandatory training 
programs required by the executive order; and (3) assess the accuracy 
of the data used to measure progress toward the executive order’s 
goals and, if needed, explore options for improving its ability to 
measure the population of federal employees with disabilities, 
including strategies for encouraging employees to voluntarily disclose 
disability status. OPM agreed with GAO’s recommendations. 

View [hyperlink, http://www.gao.gov/products/GAO-12-568]. For more 
information, contact Yvonne D. Jones at (202) 512-2717 or 
JonesY@gao.gov; or Daniel Bertoni at (202) 512-7215 or 
BertoniD@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

OPM and Labor Have Taken Steps to Implement the Executive Order, but 
Further Action Is Needed to Meet Hiring Goals: 

Selected Agencies Have Plans in Place to Hire and Retain Employees 
with Disabilities and Have Adopted Many Leading Practices: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments and Our Evaluation: 

Appendix I: Comments from the Office of Personnel Management: 

Appendix II: GAO Contacts and Staff Acknowledgments: 

Related GAO Products: 

Tables: 

Table 1: Key Responsibilities of OPM and Labor in Implementing the 
2010 Executive Order: 

Table 2: Assessment of Selected Agencies' Initial Plans: 

Figure: 

Figure 1: Percentage of Agency Plans That Met OPM's Criteria during 
Initial Review: 

Abbreviations: 

CHCO: Chief Human Capital Officer: 

EEOC: Equal Employment Opportunity Commission: 

FECA: Federal Employees’ Compensation Act: 

HR: Human Resources: 

MAX: MAX Information Systems: 

MD-715: Management Directive 715: 

OMB: Office of Management and Budget: 

OPM: Office of Personnel Management: 

OWCP: Office of Workers’ Compensation Programs: 

POWER: Protecting Our Workers and Ensuring Reemployment: 

SF-256: Standard Form 256, Self-Disclosure of Disability: 

SSA: Social Security Administration: 

VA: Department of Veterans Affairs: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

May 25, 2012: 

The Honorable Daniel K. Akaka: 
Chairman: 
Subcommittee on Oversight of Government Management, the Federal 
Workforce, and the District of Columbia: 
Committee on Homeland Security and Governmental Affairs: 
United States Senate: 

Dear Mr. Chairman: 

Section 501 of the Rehabilitation Act of 1973, as amended 
(Rehabilitation Act), requires federal agencies to develop affirmative 
action program plans for hiring, placement, and advancement of people 
with disabilities, as well as to ensure employment nondiscrimination 
and reasonable accommodation.[Footnote 1] To encourage the federal 
government to become a model employer of individuals with disabilities 
through effective recruitment, hiring, and retention efforts, 
Executive Order 13548 was issued in July 2010.[Footnote 2] This 
executive order called for increasing the number of individuals with 
disabilities in the federal government through the hiring of 100,000 
individuals with disabilities over the next 5 years and through 
greater efforts to retain federal workers with disabilities, including 
ensuring the return to work of individuals injured on the job. 
According to draft data from the Office of Personnel Management (OPM), 
the government is not on track to meet the goals of the executive 
order, having hired approximately 20,000 employees with disabilities 
during fiscal years 2010 and 2011; however, as discussed later in this 
report, we were unable to verify these data. 

Because of concerns about the federal government's ability to meet the 
goals set out by Executive Order 13548, you asked us to assess the 
efforts that (1) OPM and the Department of Labor (Labor) have made in 
overseeing the implementation of the executive order across the 
federal government, and (2) selected agencies have taken to implement 
the executive order and to adopt leading practices for hiring and 
retaining employees with disabilities. To assess OPM and Labor's 
oversight efforts, we examined relevant documents from OPM and Labor, 
including OPM's guidance to federal agencies for implementing the 
executive order, agency plans for hiring and employing people with 
disabilities, and OPM's review of these plans. We also interviewed key 
agency officials at OPM, Labor, and other agencies cited in the 
executive order such as the Equal Employment Opportunity Commission 
(EEOC) and the Office of Management and Budget (OMB).[Footnote 3] We 
also interviewed advocates for individuals with disabilities from the 
American Association of People with Disabilities, the National Council 
on Disabilities, and the National Disability Rights Network to obtain 
their opinions on the executive order. To determine how selected 
agencies are implementing the executive order and leading practices, 
we focused our review on four federal agencies: (1) the Department of 
Education (Education), (2) the Social Security Administration (SSA), 
(3) the Department of Veterans Affairs (VA), and (4) OMB. We selected 
this nongeneralizable sample among many agencies within the federal 
government to provide a cross section for review. Education, SSA, and 
VA have programs with missions and goals related to assisting people 
with disabilities and OMB is specifically cited in the executive 
order. We developed and administered a structured questionnaire, and 
conducted follow-up interviews with agency officials. We also reviewed 
agency specific disability hiring plans and other documents related to 
hiring, reasonable accommodation policies, and strategic planning 
efforts to better understand their experiences with hiring and 
retaining employees with disabilities. 

We conducted this performance audit from January 2011 to May 2012 in 
accordance with generally accepted government auditing standards. 
Those standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe 
that the evidence obtained provides a reasonable basis for our 
findings and conclusions based on our audit objectives. 

Background: 

Under the Rehabilitation Act, a person is considered to have a 
disability if the individual has a physical or mental impairment that 
substantially limits one or more major life activities.[Footnote 4] 
Existing federal efforts are intended to promote the employment of 
individuals with disabilities in the federal workforce and help 
agencies carry out their responsibilities under the Rehabilitation 
Act. For example, federal statutes and regulations provide special 
hiring authorities for people with disabilities. These include 
Schedule A excepted service hiring authority--which permits the 
noncompetitive appointment of qualified individuals with intellectual, 
severe physical, or psychiatric disabilities without posting and 
publicizing the position[Footnote 5]--and appointments and 
noncompetitive conversion for veterans who are 30 percent or more 
disabled.[Footnote 6] To qualify for a Schedule A appointment, an 
applicant must generally provide proof of disability and a 
certification of job readiness.[Footnote 7] Proof of disability can 
come from a number of sources, including a licensed medical 
professional, or a state agency that issues or provides disability 
benefits. The proof of disability document does not need to detail the 
applicant's medical history or need for an accommodation. 

Executive Order 13548 committed the federal government to many of the 
goals of an executive order issued a decade earlier,[Footnote 8] but 
went further by requiring federal agencies to take certain actions. 
For example, Executive Order 13548 requires federal agencies to 
develop plans for hiring and retaining employees with disabilities and 
to designate a senior-level official to be accountable for meeting the 
goals of the order and to develop and implement the agency's plan. In 
addition, OPM and Labor have oversight responsibilities to ensure the 
successful implementation of the executive order (see table 1). 

Table 1: Key Responsibilities of OPM and Labor in Implementing the 
2010 Executive Order: 

Key Responsibilities: 

Responsible agency: OPM[A]; 
Key responsibilities: 
* Design model recruitment and hiring strategies for agencies; 
* Develop mandatory training programs for human resource officials and 
hiring managers; 
* Identify strategies for retaining federal workers with disabilities; 
* Assist agencies with the development and implementation of their 
plans; 
* Approve agency plans (the executive order provides that agency plans 
are subject to OPM and OMB approval, as appropriate); 
* Assist agencies in implementing strategies for retaining federal 
workers with disabilities; 
* Implement a system for reporting regularly to the president, heads 
of agencies, and the public on agencies’ progress in implementing 
their plans and the executive order’s objectives; 
* Compile and post on its website government-wide statistics on the 
hiring of persons with disabilities; 
* Review the effectiveness of the definition of targeted disability in 
the Standard Form 256. 

Responsible agency: Labor[B]; 
Key responsibilities: 
* Pursue innovative reemployment strategies and develop policies, 
procedures, and structures that foster improved return-to-work 
outcomes; 
* Pursue overall reform of the Federal Employees’ Compensation Act 
(FECA) system; 
* Propose specific outcome measures and targets by which each agency’s 
progress in carrying out return-to-work and FECA claims processing 
efforts can be assessed. 

Source: GAO analysis of the 2010 Executive Order. 

[A] As noted in the executive order, OPM was directed to consult with 
the Secretary of Labor, the Chair of EEOC and the Director of OMB in 
meeting some of its responsibilities. 

[B] As noted in the executive order, Labor was to consult with OPM on 
some of its responsibilities. Source: GAO analysis of the 2010 
Executive Order. 

[End of table] 

For the purposes of determining agency progress in the employment of 
people with disabilities and setting targeted goals, the federal 
government tracks the number of individuals with disabilities in the 
workforce through OPM's Standard Form 256, Self-Disclosure of 
Disability (SF-256). Federal employees voluntarily submit this form to 
disclose that they have a disability, as defined by the Rehabilitation 
Act. For reporting purposes, disabilities are separated into two major 
categories: Targeted and Other Disabilities. Targeted disabilities, 
generally considered to be more severe, include such conditions as 
total deafness, complete paralysis, and psychiatric disabilities. 
Other disabilities include such conditions as partial hearing or 
vision loss, gastrointestinal disorders, and learning disabilities. 

Further, Labor is given responsibilities in the executive order to 
improve efforts to help employees who sustain work-related injuries 
and illnesses return to work. In July 2010, the Protecting Our Workers 
and Ensuring Reemployment (POWER) Initiative was established, led by 
Labor.[Footnote 9] This initiative aims to improve agency return-to-
work outcomes by setting performance targets, collecting and analyzing 
injury and illness data, and prioritizing safety and health management 
programs that have proven effective in the past. 

The executive order also requires Labor to pursue reform of the 
Federal Employees' Compensation Act (FECA) system. FECA provides 
benefits to federal employees who sustain injuries or illnesses while 
performing their federal duties.[Footnote 10] The FECA program covers 
over 2.7 million civilian federal and postal employees in more than 70 
agencies, providing wage-loss compensation and payments for medical 
treatment. Labor's Office of Workers' Compensation Programs (OWCP) 
reviews FECA claims and makes decisions on eligibility and payments. 
[Footnote 11] 

We have completed a number of reviews that have identified steps that 
agencies could take to provide equal employment opportunity to 
qualified individuals with disabilities in the federal workforce. In 
July 2010, we held a forum that identified barriers to the federal 
employment of people with disabilities and leading practices to 
overcome these barriers.[Footnote 12] Participants said that the most 
significant barrier keeping people with disabilities from the 
workplace is attitudinal and identified eight leading practices that 
agencies could implement to help the federal government become a model 
employer: 

1) top leadership commitment; 

2) accountability, including goals to help guide and sustain efforts; 

3) regular surveying of the workforce on disability issues; 

4) better coordination within and across agencies; 

5) training for staff at all levels to disseminate leading practices 
throughout the agency; 

6) career development opportunities inclusive of people with 
disabilities; 

7) a flexible work environment; and; 

8) centralized funding at the agency level for reasonable 
accommodations. 

OPM and Labor Have Taken Steps to Implement the Executive Order, but 
Further Action Is Needed to Meet Hiring Goals: 

OPM Helped Agencies Develop Plans to Employ More Individuals with 
Disabilities, Yet Many Plans Lacked Required Elements and Have Not 
Been Corrected: 

OPM, in consultation with EEOC, OMB, and Labor, issued a memorandum in 
November 2010 to heads of executive departments and agencies outlining 
the key requirements of the executive order and what elements must be 
included in agency disability hiring plans. These elements include 
listing the name of the senior-level official to be held accountable 
for meeting the goals of the executive order and describing how the 
agency will hire individuals with disabilities at all grade levels and 
in various job occupations. The memorandum also described strategies 
that agencies could take to become model employers of people with 
disabilities, such as reviewing all recruitment materials to ensure 
accessibility for people with disabilities. To help implement the 
strategies, OPM contracted in December 2010 with a private firm to 
recruit and to manage a list of Schedule A-certified individuals from 
which federal agencies can hire.[Footnote 13] 

OPM received 66 agency plans for promoting the employment of 
individuals with disabilities, representing over 99 percent of the 
federal civilian executive branch workforce.[Footnote 14] OPM 
officials reviewed all the plans, recording whether they met criteria 
developed by OPM based on the executive order and its model strategies 
memorandum.[Footnote 15] OPM also identified and informed agencies 
about innovative ideas included in plans. 

In reviewing the plans, OPM found that many agency plans did not meet 
one or more of its review criteria (see fig. 1). For example, OPM's 
review found that 29 of the 66 agency plans did not include numerical 
goals for the hiring of people with disabilities. OPM also found that 
9 of the 66 agency plans did not identify a senior-level official 
responsible for the development and implementation of the plan. 
Finally, only 7 of the 66 plans met all of the criteria; over half of 
the plans met 8 or fewer of the 13 criteria. However, OPM expected 
agencies to begin implementing their plans immediately, regardless of 
any unaddressed deficiencies. 

Figure 1: Percentage of Agency Plans That Met OPM's Criteria during 
Initial Review: 

[Refer to PDF for image: horizontal bar graph] 

Identifies a senior executive who is accountable for 
implementation: 86%. 

Provides evidence of senior executive review: 52%. 

Includes hiring goals: 50%. 

Accounts for hiring people with disabilities at all grade levels: 55%. 

Accounts for hiring people with disabilities in all job series: 52%. 

Identifies the training necessary to advance and/or implement the 
plan: 89%. 

Includes a plan for providing and assessing the effectiveness of 
manager and human resources training: 55%. 

Includes a plan to increase return-to-work outcomes to make 
accommodations available to employees who sustain serious workplace 
injuries and illnesses[A]: 74%. 

Includes a plan to coordinate with Labor's OWCP to make accommodations 
available to employees who sustain serious workplace injuries or 
illnesses: 62%. 

Provides for quarterly monitoring of return-to-work successes under 
the POWER Initiative: 44%. 

Includes a plan for identifying injured employees, as defined under 
FECA, who would benefit from accommodations and reassignment: 55%. 

Includes a process for increasing the use of Schedule A as a means to 
increase the hiring of people with disabilities/targeted 
disabilities[A]: 61%. 

Addresses the agency's reasonable accommodation policy and procedures 
and whether they have been updated: 53%. 

Source: OPM. 

Note: n=66. 

[End of figure] 

Agencies met some criteria more successfully than others. For example, 
OPM found that 40 of the 66 agency plans included a process for 
increasing the use of Schedule A to increase the hiring of people with 
disabilities. In contrast, 29 of the 66 agency plans provided for the 
quarterly monitoring of the rate at which employees injured on the job 
successfully return to work. 

OPM provided agencies with written feedback on plan deficiencies and 
strongly encouraged agencies to address them numerous times beginning 
in June 2011. However, 32 out of the 59 agencies with deficiencies in 
their plans had not addressed them as of April 2012. Specifically, in 
June 2011, OPM provided agencies with access to reviews of their 
plans, which identified deficiencies, through OMB's Max Information 
System (MAX).[Footnote 16] According to OPM, in July 2011, a White 
House official told agency senior executives that they were required 
to address deficiencies in their plans. In October and November 2011, 
OPM provided agencies with a list of the deficiencies identified in 
their plans, and asked agencies to determine how their plans could be 
improved. In December 2011, OPM again told agencies they were strongly 
encouraged to review and address plan deficiencies and provided 
agencies with several examples of plans that met all of the criteria. 

Though the executive order does not specifically authorize OPM to 
require agencies to address plan deficiencies, it calls for OPM to 
regularly report on agencies' progress in implementing their plans to 
the White House and others. In response to the executive order's 
reporting requirement, OPM officials told us that they had briefed 
White House officials on issues related to agencies' implementation of 
the executive order, but did not provide information on the 
deficiencies in all of the agency plans. In addition, OPM does not 
think that the federal government is on target to achieve the goals 
set in the executive order. While the executive order did not provide 
additional detail as to what information should be reported, providing 
information on the extent to which agencies' plans have met OPM's 
criteria would better enable the White House to hold agencies 
accountable for addressing plan deficiencies. 

OPM Has Yet to Fully Develop the Required Mandatory Training Programs: 

In addition to reviewing agency plans, the executive order required 
OPM to develop mandatory training programs on the employment of people 
with disabilities for both human resources personnel and hiring 
managers, within 60 days of the executive order date. We have 
previously reported that training at all staff levels, in particular 
training on hiring, reasonable accommodations, and diversity 
awareness, can help disseminate leading practices throughout an agency 
and communicate expectations for implementation of policies and 
procedures related to improving employment of people with 
disabilities.[Footnote 17] Such policies and procedures could be 
communicated across the federal government with training on topics 
such as how to access and efficiently use the list of Schedule A-
certified individuals, the availability of internships and 
fellowships, such as Labor's Workforce Recruitment Program, and online 
communities of practice established to help officials share best 
practices on hiring people with disabilities, such as eFedlink. 
[Footnote 18] 

In its November 2010 model strategies memorandum to heads of executive 
agencies, OPM stated that, in consultation with Labor, EEOC, and OMB, 
it was developing the mandatory training programs required by the 
executive order and that further information would be forthcoming. OPM 
officials told us in March 2012 that they are working with federal 
Chief Human Capital Officers (CHCO) to develop modules on topics such 
as using special hiring authority that will be available through HR 
University.[Footnote 19] Officials explained that they need to ensure 
that the training is uniform to ensure all personnel receive 
consistent information, and they expect the training modules to be 
ready by August 2012. 

Although it has yet to fully develop mandatory training programs, OPM 
has taken steps to train and inform federal officials about tools 
available to them. For example, OPM partnered with Labor, EEOC, and 
other agencies to provide elective training courses for federal 
officials involved in implementing the executive order on topics 
including: the executive order, model recruitment strategies, guidance 
on developing disability hiring plans, and return-to-work 
strategies.[Footnote 20] OPM also conducted training on implementation 
of the executive order in July 2011 specifically for senior executives 
accountable for their agencies' plans. It also offers short online 
videos for hiring managers on topics such as Schedule A hiring 
authority. Further, other governmentwide training on employing people 
with disabilities exists. For example, Labor's Job Accommodation 
Network offers online training on relevant issues like applying the 
Americans with Disabilities Amendments Act and providing reasonable 
accommodations. Moreover, the Department of Defense's Computer/ 
Electronic Accommodations Program offers online training modules to 
help federal employees understand the benefits of hiring people with 
disabilities. 

Nevertheless, agency officials we interviewed told us that they would 
like to have more comprehensive training on strategies for hiring and 
retaining individuals with disabilities, confirming the need for OPM 
to complete the development of the training programs required by the 
executive order. For example, officials from one agency said that more 
training on the relationship between return-to-work efforts and 
providing reasonable accommodations is needed, while officials from 
another agency identified a need for increased awareness of the 
Schedule A hiring process.[Footnote 21] 

OPM Tracks the Hiring of People with Disabilities, but Concerns about 
Data Quality Exist: 

Executive Order 13548 requires OPM to implement a system for reporting 
regularly to the president, heads of agencies, and the public on 
agencies' progress in implementing the objectives of the executive 
order. OPM is also to compile, and post on its website, governmentwide 
statistics on the hiring of individuals with disabilities. This is 
important because effectively measuring workforce demographics 
requires reliable data to inform decisions and to allow for individual 
and agencywide accountability. 

To measure and assess their progress towards achieving the goals of 
the executive order, agencies and OPM use data about disability status 
that employees voluntarily self-report on the SF-256.[Footnote 22] 
OPM's guidance to agencies for implementing the executive order 
explained that the data gathered from the SF-256 is crucial for 
agencies to determine whether they are achieving their disability 
hiring goals. Agencies also report these data to EEOC in an effort to 
identify and develop strategies to eliminate potential barriers to 
equal employment opportunities.[Footnote 23] According to the form, 
the data are used to develop reports to bring to light agency specific 
or governmentwide deficiencies in the hiring, placement, and 
advancement of individuals with disabilities. The information is 
confidential and cannot be used to affect an employee in any way. Only 
staff who record the data in an agency's or OPM's personnel systems 
have access to the information. According to draft data from OPM, as 
stated earlier, the government hired approximately 20,000 employees 
with disabilities during fiscal years 2010 and 2011.[Footnote 24] 

However, according to officials at OPM, EEOC, VA, Education, and SSA, 
accurately measuring the number of current and newly hired employees 
with disabilities is an ongoing challenge. While the accuracy of the 
SF-256 data is unknown, agency officials and advocates for people with 
disabilities believe there is an undercount of employees with 
disabilities. For example, despite the safeguards in place explaining 
the confidentiality of the data, agency officials and advocates for 
people with disabilities told us that some individuals with 
disabilities may not disclose their disability status out of concern 
that they will be subjected to discrimination. Similarly, EEOC 
reported that some persons with disabilities are reluctant to self-
identify because they are concerned that such disclosure will preclude 
them from advancement.[Footnote 25] 

Additionally, some individuals may develop disabilities during federal 
employment and may not know how to or why they should update their 
disability status. We have reported that regularly encouraging 
employees to update their disability status allows agencies to be 
aware of any changes in their workforce. EEOC guidance recommends that 
agencies request that employees update their disability status every 2 
to 4 years.[Footnote 26] 

During the course of our review, we heard about potentially useful 
options for improving the accuracy of these data by attempting to 
increase voluntary disclosure, as well as alternative sources of 
information that may be used to augment the data provided on the SF-
256. For example, in its disability hiring plan, Labor described plans 
to increase the accuracy of its workforce data by implementing a 
marketing campaign to promote the voluntary disclosure of one's 
disability status by having employees update their personnel profiles, 
including disability status. Labor plans to assure employees of the 
confidentiality of the information, and inform them that the 
information collected on the SF-256 will only be used for statistical 
purposes and to determine progress in achieving agency hiring and 
retention goals. As a source of alternative data, officials at SSA 
suggested examining the types of reasonable accommodations provided. 
Likewise, OPM is exploring options for using other federal personnel 
data, such as information on veterans with disabilities hired under a 
special hiring authority, to supplement its SF-256 data in measuring 
progress toward the executive order's goals.[Footnote 27] These data 
could be used to better understand the makeup of an agency's workforce 
and improve the agency's ability to establish appropriate policies and 
goals, and assess progress towards those goals. 

Labor Has Taken Steps to Develop Return-to-Work Strategies: 

Labor has taken several steps toward meeting the requirements of the 
executive order to improve return-to-work outcomes for employees 
injured on the job, including pursuing overall reform of the FECA 
system. Specifically, Labor developed new measures and targets to hold 
federal agencies accountable for improving their return-to-work 
outcomes within a 2-year period. Agencies were expected to improve 
return-to-work outcomes by 1 percent for fiscal year 2011 and an 
additional 2 percent in each of the following 3 years over the 2009 
baseline. In fiscal year 2011, the federal government had a cumulative 
return-to-work rate of 91.6 percent, almost 5 percent better than the 
target rate of 86.7 percent. Goals such as these are useful tools to 
help agencies improve performance. Labor is also researching 
strategies that agencies can use to increase the successful return-to-
work of employees who have sustained disabilities as a result of 
workplace injuries or illnesses.[Footnote 28] The results of this 
study are expected to be released in September 2012. 

Another Labor initiative is aimed at helping the federal government 
rehire injured federal workers who are not able to return to the job 
at which they were injured. OWCP initiated a 6-month pilot project in 
May 2011 to explore how Schedule A noncompetitive hiring authority 
might be used to rehire injured federal workers under FECA. As part of 
the project, OWCP provided guidance to claims staff, rehabilitation 
specialists, rehabilitation counselors, and employing agencies on the 
process of Schedule A certification and the steps it will take to 
facilitate Schedule A placements. According to Labor, the pilot 
identified obstacles to reemployment and provided input needed to 
determine whether such an effort can be expanded to other federal 
agencies. Identified obstacles included unanticipated questions from 
potential workers, such as if acceptance of a Schedule A designation 
would require a "probationary" period, and what impact acceptance of a 
Schedule A position would have on their retirement benefits. Of the 48 
individuals Labor screened for Schedule A certification, 45 obtained 
certification, of whom 5 have been placed into federal employment. 

Selected Agencies Have Plans in Place to Hire and Retain Employees 
with Disabilities and Have Adopted Many Leading Practices: 

Agencies Are Implementing Plans to Improve Hiring and Retention of 
Employees with Disabilities: 

Each of the four agencies we reviewed submitted a plan for 
implementing the executive order as required. Only VA's plan, as 
initially submitted, met all of OPM's criteria for satisfying the 
requirements of the executive order (see table 2). Education and SSA 
revised their plans based on feedback from OPM. Specifically, 
Education's revised plan states that Education will hire individuals 
with disabilities in all occupations and across all job series and 
grades. Education also clarified its commitment to coordinate with 
Labor to improve return-to-work outcomes through the POWER Initiative, 
and to engage and train managers on Schedule A hiring authority. 
Further, Education increased its goals for the percentage of job 
opportunity announcements that include information related to 
individuals with disabilities. SSA revised its plan to include goals 
and planned activities under the POWER Initiative, including quarterly 
monitoring of return-to-work successes under the program and a 
strategy for identifying injured employees who would benefit from 
reasonable accommodations and reassignment. OMB submitted its plan in 
March 2012 but, according to OMB officials, the agency has not 
received feedback from OPM. 

Table 2: Assessment of Selected Agencies' Initial Plans: 

Criteria: Identifies a senior executive who is accountable for 
implementation[D]; 
ED: [Check]; 
OMB[A]: [Check]; 
SSA: [Check]; 
VA: [Check]. 

Criteria: Provides evidence of senior executive review; 
ED: [Check]; 
OMB[A]: [Empty]; 
SSA: [Check]; 
VA: [Check]. 

Criteria: Includes hiring goals[D]; 
ED: [Check]; 
OMB[A]: [Empty]; 
SSA: [Check]; 
VA: [Check]. 

Criteria: Accounts for hiring people with disabilities at all grade 
levels[B]; 
ED: [B]; 
OMB[A]: [Empty]; 
SSA: [Check]; 
VA: [Check]. 

Criteria: Accounts for hiring people with disabilities in all job 
series[B]; 
ED: [B]; 
OMB[A]: [Empty]; 
SSA: [Check]; 
VA: [Check]. 

Criteria: Identifies training necessary to advance and/or implement 
plan[C]; 
ED: [Check]; 
OMB[A]: [C]; 
SSA: [Check]; 
VA: [Check]. 

Criteria: Includes plan for providing and assessing effectiveness of
training; 
ED: [Empty]; 
OMB[A]: [Empty]; 
SSA: [Check]; 
VA: [Check]. 

Criteria: Includes plan to increase return-to-work outcomes to make 
accommodations available to injured employees who sustain serious 
workplace injuries and illnesses[D]; 
ED: [B]; 
OMB[A]: [C]; 
SSA: [Check]; 
VA: [Check]. 

Criteria: Includes a plan to coordinate with OWCP to make 
accommodations available to injured Federal employees; 
ED: [B]; 
OMB[A]: [C]; 
SSA: [Check]; 
VA: [Check]. 

Criteria: Provides for quarterly monitoring of return-to-work 
successes under the POWER Initiative; 
ED: [B]; 
OMB[A]: [C]; 
SSA: [B]; 
VA: [Check]. 

Criteria: Includes plan for identifying injured employees, as defined 
under FECA who would benefit from accommodations and reassignment; 
ED: [B]; 
OMB[A]: [C]; 
SSA: [B]; 
VA: [Check]. 

Criteria: Has a process for increasing the use of Schedule A as a 
means to increase hiring of people with disabilities/targeted 
disabilities; 
ED: [B]; 
OMB[A]: [C]; 
SSA: [Check]; 
VA: [Check]. 

Criteria: Reasonable accommodation policy and procedures and whether 
they have been updated; 
ED: [Empty]; 
OMB[A]: [C]; 
SSA: [Check]; 
VA: [Check]. 

Source: GAO analysis of OPM data and OMB’s disability hiring plan. 

[A] OMB submitted its own disability hiring plan to OPM, but has not 
received feedback on it. 

[B] The agency has addressed this issue in a revised plan. 

[C] OPM determined that this criterion had been met in the Executive 
Office of the President’s disability hiring plan. 

[End of table] 

Agencies had positive views about the executive order's requirement 
that they develop written plans to increase the number of federal 
employees with disabilities. In particular, Education, SSA, and VA 
said that the executive order provided an opportunity to further 
develop the written plans they already had in place for hiring and 
retaining employees with disabilities. 

Agencies were supportive of the goal of increasing the hiring and 
retention of federal employees with disabilities, and reported few 
challenges in implementing their plans to achieve this goal. Officials 
at all of the agencies we interviewed cited funding constraints as a 
potential obstacle to hiring more employees with disabilities. OMB 
officials also said that it was a challenge to identify individuals 
with the right skills and experience to fill their positions. For 
example, officials said that many of the candidates on OPM's list of 
Schedule A-certified individuals have entry level skills and not the 
more advanced skills and experience that are required for positions at 
OMB.[Footnote 29] Agency officials cited no special challenges with 
respect to retaining employees with disabilities at their agencies. 

Agencies Have Taken Steps to Implement Leading Practices for 
Increasing Employment of Individuals with Disabilities: 

In October 2010, we reported on eight leading practices that could 
help the federal government become a model employer for individuals 
with disabilities.[Footnote 30] These practices, which are consistent 
with the executive order's goal of increasing the number of 
individuals with disabilities in the federal government, have been 
implemented to varying degrees by the four agencies we contacted for 
this review. 

Top leadership commitment: Involvement of top agency leadership is 
necessary to overcome the resistance to change that agencies could 
face when trying to address attitudinal barriers to hiring individuals 
with disabilities. When leaders communicate their commitment 
throughout the organization, they send a clear message about the 
seriousness and business relevance of diversity management. Leaders at 
the agencies we talked with have, to varying degrees, communicated 
their commitment to hiring and retaining individuals with disabilities 
to their employees. Education has issued annual policy statements to 
its employees ensuring equal employment opportunity for all applicants 
and employees, including those with targeted disabilities, and 
officials told us that they routinely host events that address issues 
related to hiring and promoting equal employment opportunity. For 
example, in October 2008, Education hosted an event to encourage 
hiring individuals with disabilities and distributed a written guide 
about using Schedule A hiring authority to facilitate hiring 
individuals with targeted or severe disabilities, as well as disabled 
veterans. OMB officials said that it is briefing managers on the 
requirements of the executive order and that it planned to communicate 
the agency's commitment to implementing the executive order to all 
staff in May 2012. SSA's Commissioner announced his support for 
employing individuals with disabilities and encouraged employees to 
continue efforts to hire and promote these individuals in a March 2009 
broadcast to all employees. VA said that the Secretary regularly 
communicates his commitment to hiring and retaining employees with 
disabilities through memorandums to all employees. In a September 2010 
memorandum, the Secretary announced the agency's goal of increasing 
the percentage of individuals with targeted disabilities that it hires 
and employs to 2 percent in fiscal year 2011.[Footnote 31] 

Accountability: Accountability is critical to ensuring the success of 
an agency's efforts to implement leading practices and improve the 
employment of individuals with disabilities. To ensure accountability, 
agencies should set goals, determine measures to assess progress 
toward goals, evaluate staff and agency success in helping meet goals, 
and report results publicly. Education, SSA and VA's disability hiring 
plans all include goals that will allow them to measure their progress 
toward meeting the goals of the executive order. Prior to the 
executive order, Education issued a Disability Employment Program 
Strategic Plan for fiscal years 2011-2013 that established goals 
related to reasonable accommodations, and recruitment and retention, 
and offered strategies for meeting these goals, as well as ways to 
track and measure agency progress. At SSA, accountability for results 
related to the executive order is included in the performance plan of 
the senior-level official responsible for implementing it. VA 
specifically holds senior executives accountable for meeting agency 
numerical goals by including these goals in their contracts. 
Additionally, VA senior executives' contracts include a performance 
element for meeting hiring goals for individuals with targeted 
disabilities. OMB has not yet developed such goals. 

Regular surveying of the workforce on disability issues: Regularly 
surveying their workforces allows agencies to have more information 
about potential barriers to employment for people with disabilities, 
the effectiveness of their reasonable accommodation practices, and the 
extent to which employees with disabilities find the work environment 
friendly. To collect this information, agencies should survey their 
workforces at all stages of their employment, including asking 
employees to complete the SF-256 when they are hired, and asking 
relevant questions on employee feedback surveys and in exit 
interviews. VA officials said that they encourage new employees to 
complete the SF-256, and SSA reminds all employees to annually review 
their human resource records and update or correct information, 
including disability data. In addition, all of the agencies we 
contacted survey employees to solicit feedback on a range of topics. 
However, only SSA and VA include a question on disability status or 
reasonable accommodations on these surveys. In addition, Education and 
SSA said that they routinely conduct exit surveys to solicit 
information from employees who separate from service about their 
reasons for leaving. While VA has an exit survey, officials said it is 
not consistently administered to all employees who separate. Education 
officials said that they have additional means of obtaining 
information about barriers for employees with disabilities. For 
example, senior managers hold open forums with staff, and employees 
can submit feedback to management through the agency's Intranet. 
Education officials also reported that employees with disabilities 
have formed their own group to address access to assistive technology, 
which has helped Education to obtain improved technology, such as 
videophones. OMB officials said that their Diversity Council and 
Personnel Advisory Board provide forums for employees to discuss 
diversity issues, including those related to disabilities, and share 
them with senior leadership. 

Better coordination of roles and responsibilities: Often the 
responsibilities related to employment of people with disabilities are 
dispersed, which can create barriers to hiring if agency staff defer 
taking action, thinking that it is someone else's responsibility. 
[Footnote 32] Coordination across agencies can encourage agencies with 
special expertise in addressing employment obstacles for individuals 
with disabilities to share their knowledge with agencies that have not 
yet developed this expertise. All of the agencies we interviewed had, 
to some extent, coordinated within and across agencies to improve 
their recruitment and retention efforts. Specifically, each agency has 
a designated section 508 coordinator who assists the agency in 
ensuring that, as required by section 508 of the Rehabilitation Act, 
employees with disabilities have access to information and data that 
are comparable to that provided to those without 
disabilities.[Footnote 33] In addition, each agency has a single 
office or primary point of contact that is responsible for overseeing 
activities related to hiring and retaining employees with disabilities. 

Officials at all of the agencies we talked to said their agencies 
engaged in one or more interagency efforts to address disability 
issues. All of these agencies participate in the CHCO Council, which 
facilitates sharing of best practices and challenges related to human 
capital issues, including those related to employees with 
disabilities. In addition, Education, OMB and SSA officials said that 
they work with state vocational rehabilitation agencies, which can 
help them identify accommodations that may be needed for new hires 
with disabilities. Education and SSA also participate in the Federal 
Disability Workforce Consortium, an interagency partnership working to 
improve recruitment, hiring, retention, and advancement of individuals 
with disabilities by sharing information on disability employment 
issues across government. SSA and VA have also participated in the 
Workforce Recruitment Program for College Students with Disabilities; 
[Footnote 34] VA and Education have also worked together to assist 
disabled veterans by providing unpaid work experience at Education, 
which may lead to permanent employment. 

OPM encourages agencies to coordinate their efforts by sharing 
information in its online workspace in the MAX system. For example, 
Education, SSA, and VA used MAX to submit and receive OPM's feedback 
on their disability hiring plans, and all four agencies have used the 
system to access OPM's list of Schedule A-certified individuals from 
which federal agencies can hire. However, only Education reported 
using the online workspace to share other information that could 
facilitate implementation of the executive order. Specifically, 
Education officials said that the site is useful for seeing what other 
agencies are doing, and that they have also shared their own practices 
on the site. 

Training for staff at all levels: Agencies can leverage training to 
communicate expectations about implementation of policies and 
procedures related to improving employment of people with 
disabilities, and help disseminate leading practices that can help 
improve outcomes. All of the selected agencies provide some training 
for staff at all levels on the importance of workforce diversity. They 
also require managers and supervisors to take training on hiring 
procedures related to individuals with disabilities, and the use of 
Schedule A hiring authority. In addition, VA requires employees at all 
levels to take training specifically devoted to the legal rights of 
individuals with disabilities. At Education, this training is required 
for managers and supervisors, while at SSA it is available but 
optional for all employees.[Footnote 35] 

Career development opportunities: Opportunities for employees with 
disabilities to participate in work details, rotational assignments, 
and mentoring programs can lead to increased retention and improved 
employee satisfaction, and improve employment outcomes by helping 
managers identify employees with high potential. All of the agencies 
we interviewed provided special work details or rotational assignments 
for all employees; one reported having a program exclusively for those 
with disabilities. Specifically, Education uses Project SEARCH to 
provide internships for students with disabilities to help them become 
ready to work through on-the-job training. Education officials 
reported that some of these internships have led to permanent 
employment at Education. 

A flexible work environment: Flexible work schedules, telework, and 
other types of reasonable accommodations are valuable tools for the 
recruitment and retention of employees, regardless of disability 
status. Such arrangements can make it easier for employees with health 
impairments to successfully function in the work environment or 
facilitate an injured employee's return to work. All of the agencies 
we interviewed provide flexible work arrangements, including flexible 
work schedules and teleworking. These agencies also make assistive 
technologies, such as screen reader software, available for employees 
with disabilities, which can facilitate their ability to take 
advantage of flexible work arrangements. Education, OMB, and SSA also 
offer all employees opportunities for job sharing. 

Centralized funding for reasonable accommodations: Having a central 
budget at the highest level of the agency can help ensure that 
employees with disabilities have access to reasonable accommodations 
by removing these expenses from local operational budgets and thus 
reducing managers' concerns about their costs. Education, SSA, and VA 
use centralized funding accounts to pay for reasonable accommodations 
for employees with disabilities. At Education, a centralized fund is 
usually used to cover expenses related to providing readers, 
interpreters, and personal attendants. However, in cases where these 
services are needed on a daily basis, Education may require the 
operating unit to hire someone full-time and pay for this from their 
unit budget. OMB provides funding from its own budget to pay for 
reasonable accommodations, rather than receiving funding from the 
Executive Office of the President. OMB officials also told us that 
they also have been able to rely on the Department of Defense's 
Computer/Electronic Accommodations Program to help provide reasonable 
accommodations for some of the employees. This program facilitates 
access to assistive technology and services to people with 
disabilities, federal managers, supervisors, and information 
technology professionals by providing a single point of access for 
executive branch agencies. 

Conclusions: 

As the nation's largest employer, the federal government has the 
opportunity to be a model for the employment of people with 
disabilities. Consistent with the July 2010 executive order, OPM, 
Labor, and other agencies have helped provide the framework for 
federal agencies to take proactive steps to improve the hiring and 
retention of persons with disabilities. 

However, nearly 2 years after the executive order was signed, the 
federal government is not on track to achieve the executive order's 
goals. Although federal agencies have taken the first step by 
submitting action plans to OPM for review, many agency plans do not 
meet the criteria identified by OPM as essential to becoming a model 
employer of people with disabilities. Though the executive order does 
not specifically authorize OPM to require agencies to address 
deficiencies, regularly reporting to the president and others on 
agency progress in addressing these deficiencies may compel agencies 
to address them and better position the federal government to reach 
the goals of the executive order. 

Further, officials responsible for hiring at federal agencies need to 
acquire the necessary knowledge and skills to proactively recruit, 
hire, and retain individuals with disabilities. Agency officials we 
spoke with said more comprehensive training on the tools available to 
them, including the requirements of Schedule A hiring authority, is 
needed. While the mandatory training program remains in development, 
until it is fully developed and communicated to agencies, 
opportunities to better inform relevant agency officials on how to 
increase the employment of individuals with disabilities may be missed. 

Finally, concerns have been raised by stakeholders, including EEOC, 
OPM, and advocates for people with disabilities, about the reliability 
of government statistics on the number of individuals with 
disabilities in the federal government. Most of the concerns focus on 
the likelihood of underreporting given the reliance on voluntary 
disclosure, but the extent of the underreporting is unknown. 
Unreliable data hinder OPM's ability to measure the population of 
federal workers with disabilities and may prevent the federal 
government from developing needed policies and procedures that support 
efforts to become a model employer of people with disabilities. 
Determining the accuracy of SF-256 data, for example, by examining the 
extent to which employees voluntarily disclose their disability status 
and reasons for nondisclosure, is an essential step for ensuring that 
OPM can measure progress towards the executive order's goals. 

Recommendations for Executive Action: 

To ensure that the federal government is well positioned to become a 
model employer of individuals with disabilities, we recommend that the 
Director of OPM take the following three actions: 

1. Incorporate information about plan deficiencies into its regular 
reporting to the president on agencies' progress in implementing their 
plans, and inform agencies about this process to better ensure that 
the plan deficiencies are addressed. 

2. Expedite the development of the mandatory training programs for 
hiring managers and human resource personnel on the employment of 
individuals with disabilities, as required by the executive order. 

3. Assess the extent to which the SF-256 accurately measures progress 
toward the executive order's goal and explore options for improving 
the accuracy of SF-256 reporting, if needed, including strategies for 
encouraging employees to voluntarily disclose their disability status. 
Any such strategies must comply with legal standards governing 
disability-related inquiries, including ensuring that employee rights 
to voluntarily disclose a disability are not infringed upon. 

Agency Comments and Our Evaluation: 

We provided a draft of this report to Education, EEOC, Labor, OMB, 
OPM, SSA, and VA for review and comment. In written comments, OPM 
agreed with findings and recommendations identified in the report, and 
described actions being implemented in an effort to address them. To 
better ensure agencies address deficiencies identified in their 
disability hiring plans, OPM has begun notifying agencies that it 
plans to report remaining deficiencies to the president and on the OPM 
website by August 2012. With regard to the need to expedite the 
development of the mandatory training program, OPM, in coordination 
with partner agencies has identified training for hiring managers and 
supervisors, and Human Resource personnel. Finally, OPM stated that it 
is engaged in discussions with the White House and stakeholder 
agencies to better define questions on the SF-256 to increase response 
rates. OPM also said it plans to work with EEOC and Labor to develop 
guidance for agencies to encourage voluntary self-disclosure through 
annual re-surveying of the workforce and providing employees with the 
option to complete the SF-256 when they request a reasonable 
accommodation. OPM expects to complete these efforts by January 2013. 
While these actions may help improve the accuracy of the SF-256 data, 
we think taking steps to assess the accuracy of the data will enhance 
OPM's efforts. For example, understanding the extent to which 
employees do not voluntarily self-disclose their disability status and 
the reasons why may help target the messages agencies can use to 
encourage voluntary self-disclosure. Without such an understanding, 
OPM and agencies may miss opportunities to increase the accuracy of 
the data collected on the SF-256. 

Education, EEOC, OMB, OPM, and SSA provided technical comments, which 
have been incorporated into the report as appropriate. Labor and VA 
had no comments. 

We are sending copies of this report to Education, EEOC, Labor, OMB, 
OPM, SSA, and VA and to the appropriate congressional committees and 
other interested parties. In addition, the report will be available at 
no charge on GAO's website at [hyperlink, http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact Yvonne Jones at (202) 512-2717 or JonesY@gao.gov, or Daniel 
Bertoni at (202) 512-7215 or BertoniD@gao.gov. Contact information for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. Key contributors to this report are 
listed in appendix II. 

Sincerely yours, 

Signed by: 

Yvonne D. Jones, Director: 
Strategic Issues: 

Signed by: 

Daniel Bertoni, Director: 
Education, Workforce, and Income Security Issues: 

[End of section] 

Appendix I: Comments from the Office of Personnel Management: 

United States Office of Personnel Management: 
Diversity and Inclusion: 
Washington, DC 20415 

May 10, 2012: 

Ms. Yvonne Jones: 
Director: 
Strategic Issues: 
U.S. Government Accountability Office: 
441 G Street, N.W. 
Washington, D.C. 20458: 

Dear Ms. Jones: 

The U.S. Office of Personnel Management (OPM) has reviewed your draft 
audit report on Disability Employment: Further Action Needed to 
Oversee Efforts to Meet Federal Government Hiring Goals. We are in 
concurrence with the findings and recommendations identified in the 
report, and we appreciate the input of the U.S. Government 
Accountability Office as we continue to work to enhance our disability 
employment program. Please find our responses below. 

Response to Recommendations: 

Recommendation 1: Incorporate information about plan deficiencies into 
its regular reporting to the President on agencies' progress in 
implementing their plans, and inform agencies about this process to 
better ensure that the plan deficiencies are addressed. 

Management Response: OPM concurs with this recommendation and 
continues to actively engage with Federal agencies in an effort to 
ensure that all deficiencies are addressed. We propose to deliver to 
the President, and include on the OPM website, a matrix that will 
indicate deficiencies in Disability Action Plans and align with 
disability hiring data. We have begun notifying agencies of our intent 
to incorporate information about plan deficiencies into its regular 
reporting to the President on their progress in implementing their 
plans. The target date for completion of the report is August 2012. 

Recommendation 2: Expedite the development of the mandatory training 
programs for hiring managers and human resource personnel on the 
employment of individuals with disabilities as required by the 
executive order. For example, OPM could identify which existing 
individual training constitutes the overall training requirement for 
these personnel. 

Management Response: OPM concurs with this recommendation and is 
developing mandatory, electronic training for retrieval from Human 
Resources (HR) University, as well as other appropriate government 
training websites. For hiring managers and supervisors,
OPM, in coordination with partner agencies, has identified two primary 
training areas under Executive Order 13548. This training includes. 
(1) online training that addresses unconscious bias and helps managers 
recognize the value and talent people with disabilities bring to the 
workforce (e.g. [hyperlink, http://www.askearn.oru/businesscase/]); 
and (2) OPM's bite-size training video, Hiring People with 
Disabilities Made Simple, to provide a basic understanding of Schedule 
A hiring authority for people with disabilities. 

For Human Resource (HR) personnel, OPM and the partner agencies have 
identified three primary training areas under Executive Order 13548, 
including: (1) using online training that addresses unconscious bias 
and helps HR personnel recognize the value and talent people with 
disabilities bring to the workforce (e.g., [hyperlink, 
http://www.askearn.orgibusinesscase/]); (2) developing an in-depth 
training to educate HR personnel about special hiring authorities and 
other resources available for finding, recruiting, and hiring people 
with disabilities; and; (3) developing an in-depth training to educate 
HR personnel about successful practices (to include reasonable 
accommodation) for hiring, retaining, and promoting people with 
disabilities. 

Recommendation 3: Assess the extent to which the SF-256 accurately 
measures progress toward the executive order's goal and options for 
improving the accuracy of SF-256 reporting, if needed, including 
strategies for encouraging employees to voluntarily disclose their 
disability status. 

Management Response: OPM concurs with this finding. However, please 
note that, when individuals are asked to voluntarily self-identify 
their disability, under reporting has historically occurred in both 
the Federal government and the private sector. OPM is actively engaged 
in discussions with the White House, the U.S. Equal Employment 
Opportunity Commission (EEOC), the U.S. Office of Management and 
Budget, U.S. Department of Labor (DOL), and Department of Justice to 
determine and better define the questions posed in the SF-256 to 
increase response rates for new employees, as well as existing 
employees. We expect this effort to be completed by January 2013. 

In addition, OPM, in coordination with EEOC and DOL, will develop 
guidance for agencies to encourage voluntary self-disclosure through 
the use of annual re-surveying of the workforce and providing 
employees with the option of completing an SF-256 when they request a 
reasonable accommodation. The guidance should be completed by January 
2013. 

Technical comments to the draft are enclosed. Unless otherwise noted, 
the suggested revisions are meant to provide technical accuracy.
Please contact Ms. Janet Barnes, Deputy Director, Internal Oversight & 
Compliance, on (202) 606-3270, if your office requires additional 
information. 

Again, we thank you and your office for providing us with the 
opportunity to update and clarify information in the draft report. 

Sincerely, 

Signed by: 

Veronica E. Villalobos: 
Director: 
Office of Diversity and Inclusion: 

Enclosure: 

[End of section] 

Appendix II: GAO Contacts and Staff Acknowledgments: 

Contacts: 

Daniel Bertoni, (202) 512-7215, bertonid@gao.gov. Yvonne D. Jones, 
(202) 512-2717, jonesy@gao.gov. 

Acknowledgments: 

In addition to the contacts named above, Neil Pinney, Assistant 
Director; Debra Prescott, Assistant Director; Charlesetta Bailey; 
Benjamin Crawford; Catherine Croake; Karin Fangman; David Forgosh; 
Robert Gebhart; Michele Grgich; Amy Radovich; Terry Richardson; and 
Regina Santucci made key contributions to this report. 

[End of section] 

Related GAO Products: 

Federal Employees' Compensation Act: Preliminary Observations on Fraud-
Prevention Controls. [hyperlink, 
http://www.gao.gov/products/GAO-12-402]. Washington, D.C.: January 25, 
2012. 

Coast Guard: Continued Improvements Needed to Address Potential 
Barriers to Equal Employment Opportunity. [hyperlink, 
http://www.gao.gov/products/GAO-12-135]. Washington, D.C.: December 6, 
2011. 

Federal Workforce: Practices to Increase the Employment of Individuals 
with Disabilities. [hyperlink, 
http://www.gao.gov/products/GAO-11-351T]. Washington, D.C.: February 
16, 2011. 

Highlights of a Forum: Participant-Identified Leading Practices That 
Could Increase the Employment of Individuals with Disabilities in the 
Federal Workforce. [hyperlink, 
http://www.gao.gov/products/GAO-11-81SP]. Washington, D.C.: October 5, 
2010. 

Highlights of a Forum: Actions that Could Increase Work Participation 
for Adults with Disabilities. [hyperlink, 
http://www.gao.gov/products/GAO-10-812SP]. Washington, D.C.: July 29, 
2010. 

Federal Disability Programs: Coordination Could Facilitate Better Data 
Collection to Assess the Status of People with Disabilities. 
[hyperlink, http://www.gao.gov/products/GAO-08-872T]. Washington, 
D.C.: June 4, 2008. 

Federal Disability Programs: More Strategic Coordination Could Help 
Overcome Challenges to Needed Transformation. [hyperlink, 
http://www.gao.gov/products/GAO-08-635]. Washington, D.C.: May 20, 
2008. 

Highlights of a Forum: Modernizing Federal Disability Policy. 
[hyperlink, http://www.gao.gov/products/GAO-07-934SP]. Washington, 
D.C.: August 3, 2007. 

Equal Employment Opportunity: Improved Coordination Needed between 
EEOC and OPM in Leading Federal Workplace EEO. [hyperlink, 
http://www.gao.gov/products/GAO-06-214]. Washington, D.C.: June 16, 
2006. 

Results-Oriented Government: Practices That Can Help Enhance and 
Sustain Collaboration among Federal Agencies. [hyperlink, 
http://www.gao.gov/products/GAO-06-15]. Washington, D.C.: October 21, 
2005. 

[End of section] 

Footnotes: 

[1] Section 501 of the Rehabilitation Act of 1973, as amended, is 
codified at 29 U.S.C. §791. 

[2] Exec. Order No. 13548, Increasing Federal Employment of 
Individuals with Disabilities, 75 Fed. Reg. 45039 (July 30, 2010). 

[3] EEOC has significant responsibilities with regard to overseeing 
federal agency equal employment opportunity laws. As such, EEOC plays 
a significant role in ensuring that federal agencies identify barriers 
to equal employment opportunity and actions to mitigate those barriers 
for individuals with disabilities. While EEOC was not given any new 
responsibilities in the executive order, it has provided technical 
assistance and conducted training for agencies implementing the 
executive order. 

[4] A person is also considered to have a disability for purposes of 
the Rehabilitation Act if the person has a record of such an 
impairment or is regarded as having such an impairment. 29 U.S.C. § 
705(9)(B), § 705(20)(B), and 42 U.S.C. § 12102(1). 

[5] 5 C.F.R. § 213.3102(u). Under its authority to except positions 
from competitive examination requirements, OPM has established several 
categories (or schedules) of excepted service positions. Schedule A 
authorizes a number of different excepted service appointments for 
positions that are not of a confidential or policy determining 
character for which it is impractical to use traditional competitive 
hiring procedures. In addition to the specific authority noted above, 
Schedule A also includes the appointment of attorneys and chaplains. 

[6] 5 U.S.C. § 3112 provides authority for the noncompetitive 
appointment and conversion to career employment of disabled veterans 
with compensable service-connected disabilities of 30 percent or more. 

[7] OPM has recently proposed eliminating the requirement that an 
applicant supply a certification of job readiness under this 
authority. Under the proposed regulations, the agency determination of 
job readiness may be based upon any relevant work, educational, or 
other experience. OPM is also proposing a change in terminology in 5 
C.F.R. § 213.3102(u), substituting "intellectual disability" for 
"mental retardation." 77 Fed. Reg. 6022 (Feb. 7, 2012). We are using 
the proposed terminology when referring to this authority. 

[8] Exec. Order No. 13163, Increasing the Opportunity for Individuals 
with Disabilities To Be Employed in the Federal Government, 65 Fed. 
Reg. 46563 (July 26, 2000). According to the 2010 executive order, few 
steps were taken toward implementing the 2000 executive order. 

[9] Memorandum: The Presidential POWER Initiative: Protecting Our 
Workers and Ensuring Reemployment, 75 Fed. Reg. 43029 (July 22, 2010). 

[10] 5 U.S.C. §8101, et seq. 

[11] Currently, there are two bills in Congress aiming to address FECA 
reform, one in the House of Representatives and one in the U.S. 
Senate. H.R. 2465, the Federal Workers' Compensation Modernization and 
Improvement Act, which passed the full House of Representatives in 
November 2011, and S.1789, the 21st Century Postal Service Act of 
2011, which passed the full Senate in April 2012. 

[12] GAO, Highlights of a Forum: Participant-Identified Leading 
Practices that Could Increase the Employment of Individuals with 
Disabilities in the Federal Workforce, [hyperlink, 
http://www.gao.gov/products/GAO-11-81SP] (Washington, D.C.: Oct. 5, 
2010). 

[13] The firm adds an average of 30 to 50 individuals to the list each 
month, according to OPM. OPM includes the resumes of these individuals 
in a database that federal agencies can search using variables such as 
an individual's expertise and desired work location. 

[14] OPM required and received plans from 50 agencies. Other agencies 
were exempt from the requirement to submit a plan because they met 
certain criteria, such as having fewer than 200 employees and not 
being actively engaged in hiring. Sixteen of these exempted agencies 
submitted plans to OPM for review and the results are included in our 
analysis. Another 4 agencies submitted plans that were excluded from 
our analysis because they are subcomponents of a department or office 
that also submitted a plan. The 99 percent estimate excludes 
intelligence agencies, the Postal Service, the Tennessee Valley 
Authority, and other agencies for which employment data are 
unavailable through OPM's online database of statistical information 
about the federal civilian workforce. 

[15] Labor officials also reviewed agency plans, focusing their review 
on the FECA component, and in particular those 14 agencies with a 
statistically significant volume of serious injury claims, or 
generally those agencies having an average of 50 or more new claims 
annually. According to the executive order, agency plans were to be 
developed in consultation with and, as appropriate, subject to 
approval of OPM and OMB. According to OMB officials, OPM reviewed the 
plans and discussed the results of the review with OMB officials. 

[16] MAX is a federal online resource used to collect, validate, 
analyze, model, and publish information relating to government-wide 
management and budgeting activities. It can also be used as an 
information sharing and communication portal between government 
organizations. OPM used MAX to allow agencies to access candidates to 
the Chief Human Capital Officer shared list of people with 
disabilities and enable agencies to share information on disability 
hiring. 

[17] [hyperlink, http://www.gao.gov/products/GAO-11-81SP]. 

[18] The Workforce Recruitment Program connects agencies with college 
students and recent graduates with disabilities who wish to prove 
their abilities in the workplace through summer or permanent jobs. 
eFedlink is managed by the National Technical Assistance, Policy, and 
Research Center for Employers on Employment of People with 
Disabilities at Cornell University funded by Labor's Office of 
Disability Employment Policy. According to eFedlink, it is designed to 
support federal managers and human resource personnel to advance the 
hiring and advancement of persons with disabilities in the federal 
government. 

[19] HR University, the federal government's one-stop human resources 
career development center, is designed to address competency and skill 
gaps within the human resources community. 

[20] The national training is offered through the Federal Executive 
Boards, which are a forum for communication and collaboration among 
federal agencies outside of Washington, D.C. 

[21] OPM and EEOC have also concluded that agencies are not using 
Schedule A to its fullest extent. According to OPM, in fiscal year 
2011, 1,093, or less than 1 percent, of all new full-time, permanent 
hires and transfers, were appointed under Schedule A. 

[22] Standard Form 256, Self-Identification of Disability. The 
executive order states that it "shall not be construed to require any 
federal employee to disclose disability status involuntarily." 

[23] EEOC's Management Directive 715 (MD-715) provides policy guidance 
and standards for establishing and maintaining effective affirmative 
programs of equal employment opportunity under section 717 of Title 
VII of the Civil Rights Act of 1964 as amended, and effective 
affirmative action programs under section 501 of the Rehabilitation 
Act of 1973, as amended. See, 42 U.S.C. § 2000e-16 and 29 U.S.C. § 
791. The MD-715 includes a framework for agencies to determine whether 
barriers to equal employment opportunities exist and to identify and 
develop strategies to eliminate the barriers to participation. Under 
MD-715, EEOC requires agencies to report the results of their analyses 
annually. 

[24] We were not able to independently verify these data. 

[25] See EEOC, Improving the Participation Rate of People with 
Targeted Disabilities in the Federal Work Force (Washington, D.C.: 
January 2008). 

[26] Many federal agencies use different automated systems for 
employees to update their own personal information, including 
disability status. For example, HR Connect and the National Finance 
Center's Employee Personal Page are both automated systems used across 
the federal government. 

[27] As previously noted, disabled veterans with a compensable service-
connected disability of 30 percent or more may be noncompetitively 
appointed and converted to a career appointment under 5 U.S.C. § 3112. 

[28] According to Labor, the vast majority of workers either incur no 
time lost from work or return to work during the first 45 days of 
injury. Of the approximately 20,000 new cases each year where workers 
lose wages, approximately 90 percent either return to work or the 
cases are resolved through other means. In fiscal year 2011, 2,000 
FECA cases pertained to workers who did not return to work. Such cases 
provide the best opportunity to improve return-to-work outcomes for 
federal workers who may have become disabled through their work. 

[29] According to OPM officials, when the agreement was developed, the 
CHCO Council requested that Bender Consulting identify individuals for 
entry-level positions. The list has since expanded to include 
individuals with a range of experience. 

[30] [hyperlink, http://www.gao.gov/products/GAO-11-81SP]. 

[31] As previously noted, targeted disabilities include deafness, 
blindness, partial and total paralysis, missing limbs, distorted limbs 
or spine, mental disabilities, and convulsive disorders. 

[32] See [hyperlink, http://www.gao.gov/products/GAO-11-81SP], p. 13. 

[33] 29 U.S.C. § 794d. 

[34] Managed by Labor's Office of Disability Employment Policy and the 
Department of Defense's Office of Diversity Management and Equal 
Opportunity, this program is a recruitment and referral effort that 
connects federal sector employers nationwide with highly motivated 
college students and recent graduates with disabilities. 

[35] Under the Notification and Federal Employee Antidiscrimination 
and Retaliation Act of 2002 (No Fear Act), agencies are required, 
among other things, to provide their employees with training regarding 
the rights and remedies afforded to them under federal 
antidiscrimination and whistleblower protection laws. Pub. L. No. 107-
174, 116 Stat. 566 (May 15, 2002). 

[End of section] 

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