Recommendation: The Director of OPM should routinely track and report retention data for employees with disabilities and make such data available to federal agencies, including EEOC, through a centralized web portal—such as MAX.gov. For example, OPM could track and report such data by General Schedule level pay groupings, which could help pinpoint root causes that contribute to retention rates, inform assessments of government-wide progress on employee retention, and identify needed improvements. (Recommendation 1)

Agency: Office of Personnel Management
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Attorney General of the United States should develop and implement policies and procedures for assessing the impact of training provided to agency hiring managers and human resources staff on Schedule A hiring authority. This includes assessing the impact of its training on agency performance goals related to increased hiring of individuals with disabilities and targeted disabilities. (Recommendation 2)

Agency: Department of Justice
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Attorney General of the United States should develop and implement policies and procedures for obtaining employee feedback about the agency's reasonable accommodations efforts and use such information to evaluate the ongoing effectiveness of the program. This may include identifying any effects on employee retention, identifying potential risks, and determining any improvements that may be warranted. (Recommendation 3)

Agency: Department of Justice
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Administrator of SBA should develop and implement policies and procedures for assessing and tracking the impact of training provided to agency hiring managers and human resources staff on Schedule A hiring authority. This includes assessing the impact of its training on agency performance goals related to increased hiring of individuals with disabilities and targeted disabilities. (Recommendation 4)

Agency: Small Business Administration
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Administrator of SBA should develop and implement policies and procedures for obtaining employee feedback about the agency's reasonable accommodations efforts and use such information to evaluate the ongoing effectiveness of the program. This may include identifying any effects on employee retention, identifying potential risks, and determining any improvements that may be warranted. (Recommendation 5)

Agency: Small Business Administration
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of SSA should develop and implement policies and procedures for assessing and tracking the impact of training provided to agency hiring managers and human resources staff on Schedule A hiring authority. This includes assessing the impact of its training on agency performance goals related to increased hiring of individuals with disabilities and targeted disabilities. (Recommendation 6)

Agency: Social Security Administration
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of State should take additional steps to identify diversity issues that could indicate potential barriers to equal opportunity in its workforce. For example, State could conduct additional analyses of workforce data and of employee groups' feedback. (Recommendation 1)

Agency: Department of State
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Commissioner of Education's Rehabilitation Services Administration should work with state VR agencies to determine whether and what additional information and assistance VR agencies may find helpful regarding on-demand training, such as online videos, to employers on disability issues. (Recommendation 1)

Agency: Department of Education
Status: Open

Comments: Education disagreed with this recommendation, noting that state VR agencies have the primary responsibility for determining how best to meet employers' needs, promote mainstream employment, and collaborate with other workforce programs in their states. Education recognized the importance of providing information and technical assistance to state VR agencies to help them serve employers, while stressing that it is a state matter how to best meet the training needs of employers. The agency did not provide an update in FY19.

Recommendation: The Commissioner of Education's Rehabilitation Services Administration should work with state VR agencies to determine how to most effectively disseminate information about the circumstances in which individuals who are employed may be eligible for career advancement services. (Recommendation 2)

Agency: Department of Education
Status: Open

Comments: Education disagreed with this recommendation, noting that state VR agencies have the primary responsibility for determining how best to meet employers' needs, promote mainstream employment, and collaborate with other workforce programs in their states. The agency recognized the importance of expanding career advancement opportunities for individuals with disabilities in accordance with the Rehabilitation Act as amended by WIOA. At the same time, Education said it is up to states to determine how to most effectively disseminate information about their services. Education noted it will continue to work with state VR agencies to determine what additional information may be necessary about the circumstances in which individuals who are employed may be eligible for career advancement services. The agency did not provide an update in FY19.

Recommendation: The Commissioner of Education's Rehabilitation Services Administration should work with state VR agencies to develop more complete information on when and how VR agencies should assess employment settings, including settings supported by the AbilityOne program, to determine if they meet the definition of competitive integrated employment. (Recommendation 3)

Agency: Department of Education
Status: Open

Comments: Education disagreed with this recommendation. The agency stated that it is a state matter to determine whether an employment location qualifies as an "integrated setting" for the purpose of the VR program, and that it is not Education's role to inform states as to when and how to make such determinations. Nevertheless, Education said it will continue to work with the states to determine if additional information would help them assess employment locations. The agency did not provide an update in FY19.

Recommendation: The Commissioner of Education's Rehabilitation Services Administration should encourage local areas to clarify and document the roles and responsibilities of partner agencies in working with employers and provide sample language of how local areas may document roles and responsibilities in their MOUs. (Recommendation 4)

Agency: Department of Education
Status: Open

Comments: Education neither agreed nor disagreed with this recommendation. Education said it believes that state workforce development agencies are in the best position to lead employer engagement efforts, but will continue to collaborate with other federal partners to provide technical assistance to states in this area, including examples of state- and local-level collaboration on employer engagement. The agency did not provide an update in FY19.

Recommendation: The Commissioner of Education's Rehabilitation Services Administration should, in setting the employer performance measurement approaches with DOL after the pilot is concluded, take into account VR agencies' concerns and key attributes of successful performance measures, including clarity in what is meant by employer services, coverage of the VR agencies' core program activities, and consideration of factors outside of VR agencies' control. (Recommendation 5)

Agency: Department of Education
Status: Open

Comments: Education neither agreed nor disagreed with this recommendation. Education said it will work with DOL to ensure that state VR agencies' concerns are considered when the performance measure for effectiveness in serving employers is finalized. The agency did not provide an update in FY19.

Recommendation: The Assistant Secretary of DOL's Employment and Training Administration should encourage local areas to clarify and document the roles and responsibilities of partner agencies in working with employers and provide sample language of how local areas may document roles and responsibilities in their MOUs. (Recommendation 6)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation, noting that local workforce boards and one-stop partners are in the best position to lead employer engagement, but that it will collaborate with federal partners in providing related technical assistance. In June 2019, DOL shared with GAO a local workforce area memorandum of understanding (MOU) that documents the workforce system partners' roles and responsibilities for engaging with employers. DOL has posted this MOU on its technical assistance web site, so it is available to other local workforce areas. However, in order to close the recommendation as implemented, GAO will need DOL to demonstrate that the agency has actively encouraged local workforce areas to document the roles and responsibilities of workforce partners--including the vocational rehabilitation program--for working with employers, through a Training and Employment Guidance Letter or other such guidance.

Recommendation: The Assistant Secretary of DOL's Employment and Training Administration should, in setting the employer performance measurement approaches with Education after the pilot is concluded, take into account VR agencies' concerns and key attributes of successful performance measures, including clarity in what is meant by employer services, coverage of the VR agencies' core program activities, and consideration of factors outside of VR agencies' control. (Recommendation 7)

Agency: Department of Labor
Status: Open

Comments: DOL agreed with this recommendation and said it will coordinate with Education to ensure state VR agencies' concerns are considered in defining the performance measure. In June 2019, DOL told us the two agencies expected to complete their evaluation of the pilot performance measures for effectiveness in serving employers by June 30, 2020, and then make a final decision about which measures to put in place. DOL also said the two federal agencies are working to consider VR agencies' concerns during this pilot, and have developed a crosswalk to identify appropriate VR services that count towards this measure. For GAO to close this recommendation as implemented, DOL will have to demonstrate that the finalized performance measures have taken into account VR agencies' concerns, including clarity in what is meant by employer services, coverage of the VR agencies' core program activities, and consideration of factors outside of VR agencies' control.

Recommendation: The Chair of the EEOC should develop a timeline to complete the planned effort to clean Integrated Mission System data for a one-year period and add missing industry code data. (Recommendation 1)

Agency: Equal Employment Opportunity Commission
Status: Open

Comments: As part of an effort to overhaul its IMS data system, EEOC has begun developing an Employer Master List that will provide a source of employer information, including industry codes, but EEOC told us that it has not yet completed this effort. It anticipates this system will be more fully developed by spring 2020. It is important for EEOC to collect sufficient information through its Employer Master List and use it to analyze charge data by industry.

Recommendation: The Director of OFCCP should analyze internal process data from closed evaluations to better understand the cause of delays that occur during compliance evaluations and make changes accordingly. (Recommendation 2)

Agency: Department of Labor: Office of Federal Contract Compliance Programs
Status: Open

Comments: In June 2019, OFCCP officials reported that OFCCP's procedures outlined in the Active Case Enforcement Directive (DIR 2011-01) caused delays in case closures, but OFCCP did not indicate that this conclusion resulted from the recommended analysis of internal process data from closed evaluations. OFCCP officials reported that the agency's aged case rate-defined as a case which is open for more than 730 days and has not been referred for further enforcement-has dropped from 27.7 percent in fiscal year 2017 to 20.9 percent in fiscal year 2019. However, it did not report on changes in case outcomes. In September 2019, OFCCP officials told us they continue to look for ways to address delays with effective policies that make the agency more efficient. We maintain that OFCCP should determine the root causes of delays based on data analysis of actual evaluations to demonstrate that its policy changes are accurately targeting the causes of these delays.

Recommendation: The Director of OFCCP should assess the quality of the methods used by OFCCP to incorporate consideration of disparities by industry into its process for selecting contractor establishments for compliance evaluation. It should use the results of this assessment in finalizing its procedures for identifying contractor establishments at greatest risk of noncompliance. (Recommendation 4)

Agency: Department of Labor: Office of Federal Contract Compliance Programs
Status: Open

Comments: In its agency response to our November 2017 report, OFCCP officials reported that the agency was exploring the use of U.S. Census Bureau and administrative data to refine its selection process to focus on industries with a greater likelihood of noncompliance. In January 2019, DOL officials reported that DOL had revised its scheduling methodology to include industries with the highest rates of violations. OFCCP published the scheduling list in March 2019 and its field offices started scheduling cases in May 2019. OFCCP stated it will continue to monitor results from this revised scheduling methodology to determine its effectiveness. It will be important for OFCCP to refine these methods based on its experiences with them. This new process is a step toward focusing efforts on industries at greater risk of potential noncompliance with nondiscrimination or affirmative action requirements. We will consider closing this recommendation when these efforts are complete.

Recommendation: The Director of OFCCP should evaluate the current approach used for identifying entities for compliance review and determine whether modifications are needed to reflect current workplace structures and locations or to ensure that subcontractors are included. (Recommendation 5)

Agency: Department of Labor: Office of Federal Contract Compliance Programs
Status: Open

Comments: In fiscal year 2019, OFCCP evaluated its current approach for identifying subcontractors for review. OFCCP stated that the current approach does not reliably include subcontractors in the pool from which contractors are scheduled because there is no government or public database that captures the complete universe of subcontractors and other important data. In June 2019, OFCCP submitted revisions to its process to the Office of Management and Budget (OMB) for approval. We will consider closing this recommendation when these efforts are complete.

Recommendation: The Director of OFCCP should evaluate the Functional Affirmative Action Program to assess its usefulness as an effective alternative to an establishment-based program, and determine what improvements, if any, could be made to better encourage contractor participation. (Recommendation 6)

Agency: Department of Labor: Office of Federal Contract Compliance Programs
Status: Open

Comments: OFCCP has taken steps to encourage contractors to use the FAAP program without fully evaluating it as an alternative to the establishment-based program. Evaluating the FAAP could help OFCCP improve its ability to achieve its objectives and may provide broader insight for OFCCP's overall enforcement approach. We will consider closing this recommendation when these efforts are complete.

Recommendation: To enhance collaboration among the various entities involved in delivering employment services to military spouses and to better monitor the effectiveness of these services, the Secretary of Defense should consider incorporating key practices to sustain and enhance collaboration when developing and finalizing its spouse employment guidance, such as agreeing on roles and responsibilities and developing compatible policies and procedures.

Agency: Department of Defense
Status: Open

Comments: DOD partially concurred with this recommendation. As of September 2019, DoD has addressed some but not all aspects of this recommendation. According to DoD officials, the Spouse Education and Career Opportunities (SECO) programs have mechanisms for operating across agency boundaries by fostering open lines of communication and other collaborative practices. Specifically, according to DoD officials, these mechanisms provide SECO program and military service officials, who operate employment assistance programs at military installations, full knowledge of the relevant resources and activities focused on military spouse employment. For example, SECO provides quarterly webinars to military service employment program officials; and, leaders at SECO and installations have bi-monthly calls to provide updates on their respective initiatives. However, SECO has not fully developed guidance describing its overall strategy and how its various programs should coordinate to help military spouses obtain employment, which could include clarifying the roles and responsibilities of SECO and the military service programs. Our prior work has found that such documentation can help improve coordination by clarifying who does what in a partnership. Although DoD had intended to develop a separate policy (or DoD Instruction) for spouse employment, agency officials said they abandoned this effort. DoD plans to issue new guidance, but as of September 2019, DoD has not provided an update on this guidance or other examples of documentation that outline roles and responsibilities. Until DoD develops guidance, these programs face increased risk for poor coordination and program overlap.