Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce

• Citation: 86 FR 34593
• Published date: 30 June 2021
• Record Number: 2021-14127
• Section: Presidential Documents
• Court: Executive Office Of The President

Presidential Documents

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Executive Order 14035 of June 25, 2021

Diversity, Equity, Inclusion, and Accessibility in the Federal

Workforce

By the authority vested in me as President by the Constitution and the

laws of the United States of America, including sections 1104, 3301, and

3302 of title 5, United States Code, and in order to strengthen the Federal

workforce by promoting diversity, equity, inclusion, and accessibility, it

is hereby ordered as follows:

Section 1. Policy. On my first day in office, I signed Executive Order 13985

(Advancing Racial Equity and Support for Underserved Communities

Through the Federal Government), which established that affirmatively ad-

vancing equity, civil rights, racial justice, and equal opportunity is the

responsibility of the whole of our Government. To further advance equity

within the Federal Government, this order establishes that it is the policy

of my Administration to cultivate a workforce that draws from the full

diversity of the Nation.

As the Nation’s largest employer, the Federal Government must be a model

for diversity, equity, inclusion, and accessibility, where all employees are

treated with dignity and respect. Accordingly, the Federal Government must

strengthen its ability to recruit, hire, develop, promote, and retain our Na-

tion’s talent and remove barriers to equal opportunity. It must also provide

resources and opportunities to strengthen and advance diversity, equity,

inclusion, and accessibility across the Federal Government. The Federal

Government should have a workforce that reflects the diversity of the Amer-

ican people. A growing body of evidence demonstrates that diverse, equitable,

inclusive, and accessible workplaces yield higher-performing organizations.

Federal merit system principles include that the Federal Government’s re-

cruitment policies should ‘‘endeavor to achieve a work force from all seg-

ments of society’’ and that ‘‘[a]ll employees and applicants for employment

should receive fair and equitable treatment in all aspects of personnel man-

agement’’ (5 U.S.C. 2301(b)(1), (2)). As set forth in Executive Order 13583

of August 18, 2011 (Establishing a Coordinated Government-Wide Initiative

to Promote Diversity and Inclusion in the Federal Workforce), the Presidential

Memorandum of October 5, 2016 (Promoting Diversity and Inclusion in

the National Security Workforce), Executive Order 13988 of January 20,

2021 (Preventing and Combating Discrimination on the Basis of Gender

Identity or Sexual Orientation), the National Security Memorandum of Feb-

ruary 4, 2021 (Revitalizing America’s Foreign Policy and National Security

Workforce, Institutions, and Partnerships), and Executive Order 14020 of

March 8, 2021 (Establishment of the White House Gender Policy Council),

the Federal Government is at its best when drawing upon all parts of

society, our greatest accomplishments are achieved when diverse perspectives

are brought to bear to overcome our greatest challenges, and all persons

should receive equal treatment under the law. This order reaffirms support

for, and builds upon, the procedures established by Executive Orders 13583,

13988, and 14020, the Presidential Memorandum on Promoting Diversity

and Inclusion in the National Security Workforce, and the National Security

Memorandum on Revitalizing America’s Foreign Policy and National Security

Workforce, Institutions, and Partnerships. This order establishes that diver-

sity, equity, inclusion, and accessibility are priorities for my Administration

and benefit the entire Federal Government and the Nation, and establishes

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additional procedures to advance these priorities across the Federal work-

force.

Sec. 2. Definitions. For purposes of this order, in the context of the Federal

workforce:

(a) The term ‘‘underserved communities’’ refers to populations sharing

a particular characteristic, as well as geographic communities, who have

been systematically denied a full opportunity to participate in aspects of

economic, social, and civic life. In the context of the Federal workforce,

this term includes individuals who belong to communities of color, such

as Black and African American, Hispanic and Latino, Native American,

Alaska Native and Indigenous, Asian American, Native Hawaiian and Pacific

Islander, Middle Eastern, and North African persons. It also includes individ-

uals who belong to communities that face discrimination based on sex,

sexual orientation, and gender identity (including lesbian, gay, bisexual,

transgender, queer, gender non-conforming, and non-binary (LGBTQ+) per-

sons); persons who face discrimination based on pregnancy or pregnancy-

related conditions; parents; and caregivers. It also includes individuals who

belong to communities that face discrimination based on their religion or

disability; first-generation professionals or first-generation college students;

individuals with limited English proficiency; immigrants; individuals who

belong to communities that may face employment barriers based on older

age or former incarceration; persons who live in rural areas; veterans and

military spouses; and persons otherwise adversely affected by persistent

poverty, discrimination, or inequality. Individuals may belong to more than

one underserved community and face intersecting barriers.

(b) The term ‘‘diversity’’ means the practice of including the many commu-

nities, identities, races, ethnicities, backgrounds, abilities, cultures, and be-

liefs of the American people, including underserved communities.

(c) The term ‘‘equity’’ means the consistent and systematic fair, just,

and impartial treatment of all individuals, including individuals who belong

to underserved communities that have been denied such treatment.

(d) The term ‘‘inclusion’’ means the recognition, appreciation, and use

of the talents and skills of employees of all backgrounds.

(e) The term ‘‘accessibility’’ means the design, construction, development,

and maintenance of facilities, information and communication technology,

programs, and services so that all people, including people with disabilities,

can fully and independently use them. Accessibility includes the provision

of accommodations and modifications to ensure equal access to employment

and participation in activities for people with disabilities, the reduction

or elimination of physical and attitudinal barriers to equitable opportunities,

a commitment to ensuring that people with disabilities can independently

access every outward-facing and internal activity or electronic space, and

the pursuit of best practices such as universal design.

(f) The term ‘‘agency’’ means any authority of the United States that

is an ‘‘agency’’ under 44 U.S.C. 3502(1), other than one considered to be

an independent regulatory agency, as defined in 44 U.S.C. 3502(5).

Sec. 3. Government-Wide Diversity, Equity, Inclusion, and Accessibility Initia-

tive and Strategic Plan. The Director of the Office of Personnel Management

(OPM) and the Deputy Director for Management of the Office of Management

and Budget (OMB)—in coordination with the Chair of the Equal Employment

Opportunity Commission (EEOC) and in consultation with the Secretary

of Labor, the Director of the Office of Science and Technology Policy,

the Assistant to the President for National Security Affairs, the Assistant

to the President for Domestic Policy (APDP), the Director of the National

Economic Council, and the Co-Chairs of the Gender Policy Council—shall:

(a) reestablish a coordinated Government-wide initiative to promote diver-

sity and inclusion in the Federal workforce, expand its scope to specifically

include equity and accessibility, and coordinate its implementation with

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the provisions of Executive Order 13985 and the National Security Memo-

randum on Revitalizing America’s Foreign Policy and National Security

Workforce, Institutions, and Partnerships;

(b) develop and issue a Government-wide Diversity, Equity, Inclusion,

and Accessibility Strategic Plan (Government-wide DEIA Plan) within 150

days of the date of this order that updates the Government-wide plan required

by section 2(b)(i) of Executive Order 13583. The Government-wide DEIA

Plan shall be updated as appropriate and at a minimum every 4 years.

The Government-wide DEIA Plan shall:

(i) define standards of success for diversity, equity, inclusion, and accessi-

bility efforts based on leading policies and practices in the public and

private sectors;

(ii) consistent with merit system principles, identify strategies to advance

diversity, equity, inclusion, and accessibility, and eliminate, where applica-

ble, barriers to equity, in Federal workforce functions, including: recruit-

ment; hiring; background investigation; promotion; retention; performance

evaluations and awards; professional development programs; mentoring

programs or sponsorship initiatives; internship, fellowship, and apprentice-

ship programs; employee resource group and affinity group programs;

temporary employee details and assignments; pay and compensation poli-

cies; benefits, including health benefits, retirement benefits, and employee

services and work-life programs; disciplinary or adverse actions; reasonable

accommodations for employees and applicants with disabilities; workplace

policies to prevent gender-based violence (including domestic violence,

stalking, and sexual violence); reasonable accommodations for employees

who are members of religious minorities; and training, learning, and

onboarding programs;

(iii) include a comprehensive framework to address workplace harassment,

including sexual harassment, which clearly defines the term ‘‘harassment’’;

outlines policies and practices to prevent, report, respond to, and inves-

tigate harassment; promotes mechanisms for employees to report mis-

conduct; encourages bystander intervention; and addresses training, edu-

cation, and monitoring to create a culture that does not tolerate harassment

or other forms of discrimination or retaliation; and

(iv) promote a data-driven approach to increase transparency and account-

ability, which would build upon, as appropriate, the EEOC’s Management

Directive 715 reporting process;

(c) establish an updated system for agencies to report regularly on progress

in implementing Agency DEIA Strategic Plans (as described in section 4(b)

of this order) and in meeting the objectives of this order. New reporting

requirements should be aligned with ongoing reporting established by Execu-

tive Order 13985 and the National Security Memorandum on Revitalizing

America’s Foreign Policy and National Security Workforce, Institutions, and

Partnerships. Agency reports on actions taken to meet the objectives of

this order shall include measurement of improvements, analysis of the effec-

tiveness of agency programs, and descriptions of lessons learned. The Director

of OPM and the Deputy Director for Management of OMB shall support

agencies in developing workforce policies and practices designed to advance

diversity, equity, inclusion, and accessibility throughout agencies by, for

example, providing updated guidance and technical assistance to ensure

that agencies consistently improve, evaluate, and learn from their workforce

practices;

(d) pursue opportunities to consolidate implementation efforts and report-

ing requirements related to advancing diversity, equity, inclusion, and acces-

sibility established through related or overlapping statutory mandates, Presi-

dential directives, and regulatory requirements; and

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(e) support, coordinate, and encourage agency efforts to conduct research,

evaluation, and other evidence-building activities to identify leading prac-

tices, and other promising practices, for broadening participation and oppor-

tunities for advancement in Federal employment, and to assess and promote

the benefits of diversity, equity, inclusion, and accessibility for Federal

performance and operations and barriers to achieving these goals. Agencies

should use the capabilities of their evaluation officers and chief statistical

officers and requirements under the Foundations for Evidence-Based Policy-

making Act of 2018, Public Law 115–435, to advance this goal.

Sec. 4. Responsibilities of Executive Departments and Agencies. The head

of each agency shall make advancing diversity, equity, inclusion, and accessi-

bility a priority component of the agency’s management agenda and agency

strategic planning. The head of each agency shall implement the Government-

wide DEIA Plan prepared pursuant to section 3 of this order and such

other related guidance as issued from time to time by the Director of OPM

or the Deputy Director for Management of OMB. In addition, the head

of each agency shall:

(a) within 100 days of the date of this order, submit to the APDP, the

Director of OPM, and the Deputy Director for Management of OMB a prelimi-

nary assessment of the current state of diversity, equity, inclusion, and

accessibility in the agency’s human resources practices and workforce com-

position. In conducting such assessment, the head of each agency should:

(i) assess whether agency recruitment, hiring, promotion, retention, profes-

sional development, performance evaluations, pay and compensation poli-

cies, reasonable accommodations access, and training policies and practices

are equitable;

(ii) take an evidence-based and data-driven approach to determine whether

and to what extent agency practices result in inequitable employment

outcomes, and whether agency actions may help to overcome systemic

societal and organizational barriers;

(iii) assess the status and effects of existing diversity, equity, inclusion,

and accessibility initiatives or programs, and review the amount of institu-

tional resources available to support human resources activities that ad-

vance the objectives outlined in section 1 of this order; and

(iv) identify areas where evidence is lacking and propose opportunities

to build evidence to advance diversity, equity, inclusion, and accessibility

and address those gaps identified;

(b) within 120 days of the issuance of the Government-wide DEIA Plan,

and annually thereafter, develop and submit to the APDP, the Director

of OPM, and the Deputy Director for Management of OMB an Agency Diver-

sity, Equity, Inclusion, and Accessibility Strategic Plan (Agency DEIA Stra-

tegic Plan), as described by section 3(b) of Executive Order 13583 and

as modified by this order. Agency DEIA Strategic Plans should identify

actions to advance diversity, equity, inclusion, and accessibility in the work-

force and remove any potential barriers to diversity, equity, inclusion, and

accessibility in the workforce identified in the assessments described in

subsection (a) of this section. Agency DEIA Strategic Plans should also

include quarterly goals and actions to advance diversity, equity, inclusion,

and accessibility initiatives in the agency workforce and in the agency’s

workplace culture;

(c) on an annual basis, report to the President on the status of the agency’s

efforts to advance diversity, equity, inclusion, and accessibility within the

agency, and the agency’s success in implementing the Agency DEIA Strategic

Plan. Consistent with guidance issued as part of the Government-wide DEIA

Plan, the agency head shall also make available to the general public informa-

tion on efforts to advance diversity, equity, inclusion, and accessibility in

the agency’s workforce;

(d) oversee, and provide resources and staffing to support, the implementa-

tion of the Agency DEIA Strategic Plan;

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(e) enhance diversity, equity, inclusion, and accessibility within the agency,

in collaboration with the agency’s senior officials and consistent with applica-

ble law and merit system principles;

(f) seek opportunities to establish a position of chief diversity officer

or diversity and inclusion officer (as distinct from an equal employment

opportunity officer), with sufficient seniority to coordinate efforts to promote

diversity, equity, inclusion, and accessibility within the agency;

(g) strongly consider for employment, to the extent permitted by applicable

law, qualified applicants of any background who have advanced diversity,

equity, inclusion, and accessibility in the workplace; and

(h) in coordination with OMB, seek opportunities to ensure alignment

across various organizational performance planning requirements and efforts

by integrating the Agency DEIA Strategic Plan and diversity, equity, inclu-

sion, and accessibility goals into broader agency strategic planning efforts

described in 5 U.S.C. 306 and the agency performance planning described

in 31 U.S.C. 1115.

Sec. 5. Data Collection. (a) The head of each agency shall take a data-

driven approach to advancing policies that promote diversity, equity, inclu-

sion, and accessibility within the agency’s workforce, while protecting the

privacy of employees and safeguarding all personally identifiable information

and protected health information.

(b) Using Federal standards governing the collection, use, and analysis

of demographic data (such as OMB Directive No. 15 (Standards for Maintain-

ing, Collecting, and Presenting Federal Data on Race and Ethnicity) and

OMB Memorandum M–14–06 (Guidance for Providing and Using Administra-

tive Data for Statistical Purposes)), the head of each agency shall measure

demographic representation and trends related to diversity in the agency’s

overall workforce composition, senior workforce composition, employment

applications, hiring decisions, promotions, pay and compensation, profes-

sional development programs, and attrition rates.

(c) The Director of OPM, the Chair of the EEOC, and the Deputy Director

for Management of OMB shall review existing guidance, regulations, policies,

and practices (for purposes of this section, ‘‘guidance’’) that govern agency

collection of demographic data about Federal employees, and consider

issuing, modifying, or revoking such guidance in order to expand the collec-

tion of such voluntarily self-reported data and more effectively measure

the representation of underserved communities in the Federal workforce.

In revisiting or issuing any such guidance, the Director of OPM, the Chair

of the EEOC, and the Deputy Director for Management of OMB shall take

steps to promote the protection of privacy and to safeguard personally identi-

fiable information; facilitate intersectional analysis; and reduce duplicative

reporting requirements. In considering whether to revisit or issue such guid-

ance, the Director of OPM, the Chair of the EEOC, and the Deputy Director

for Management of OMB shall consult with the Chief Statistician of the

United States, the Chair of the Chief Data Officers Council, and the Co-

Chairs of the Interagency Working Group on Equitable Data established

in section 9 of Executive Order 13985.

(d) The head of each agency shall implement any such revised guidance

issued pursuant to subsection (c) of this section to expand the collection

of voluntarily self-reported demographic data. The head of each agency

shall also take steps to ensure that data collection and analysis practices

allow for the capture or presence of multiple attributes and identities to

ensure an intersectional analysis.

(e) The head of each agency shall collect and analyze voluntarily self-

reported demographic data regarding the membership of advisory committees,

commissions, and boards in a manner consistent with applicable law, includ-

ing privacy and confidentiality protections, and with statistical standards

where applicable. For agencies that have external advisory committees, com-

missions, or boards to which agencies appoint members, agency heads shall

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pursue opportunities to increase diversity, equity, inclusion, and accessibility

on such committees, commissions, and boards.

Sec. 6. Promoting Paid Internships. (a) The Director of OPM and the Deputy

Director for Management of OMB shall issue guidance to agencies and the

Executive Office of the President with respect to internships and similar

programs within the Federal Government, including guidance on how to:

(i) increase the availability of paid internships, fellowships, and apprentice-

ships, and reduce the practice of hiring interns, fellows, and apprentices

who are unpaid;

(ii) ensure that internships, fellowships, and apprenticeships serve as a

supplement to, and not a substitute for, the competitive hiring process;

(iii) ensure that internships, fellowships, and apprenticeships serve to

develop individuals’ talent, knowledge, and skills for careers in government

service;

(iv) improve outreach to and recruitment of individuals from underserved

communities for internship, fellowship, and apprenticeship programs; and

(v) ensure all interns, fellows, and apprentices with disabilities, including

applicants and candidates, have a process for requesting and obtaining

reasonable accommodations to support their work in the Federal Govern-

ment, without regard to whether such individuals are covered by the

Rehabilitation Act of 1973, Public Law 93–112.

(b) The head of each agency shall, as part of the annual reporting process

described in section 4(c) of this order, measure and report on the agency’s

progress with respect to the matters described in subsection (a) of this

section.

Sec. 7. Partnerships and Recruitment. (a) The Director of the Office of

Science and Technology Policy (OSTP), the Director of OPM, and the Deputy

Director for Management of OMB, in consultation with the Chair of the

EEOC, shall coordinate a Government-wide initiative to strengthen partner-

ships (Partnerships Initiative) to facilitate recruitment for Federal employ-

ment opportunities of individuals who are members of underserved commu-

nities. To carry out the Partnerships Initiative, the Director of OSTP, the

Director of OPM, and the Deputy Director for Management of OMB shall

take steps to increase diversity in the Federal employment pipeline by

supporting and guiding agencies in building or strengthening partnerships

with Historically Black Colleges and Universities, including Historically

Black Graduate Institutions; Hispanic-Serving Institutions; Tribal Colleges

and Universities; Native American-serving, nontribal institutions; Asian

American and Pacific Islander-serving institutions; Tribally controlled col-

leges and universities; Alaska Native-serving and Native Hawaiian-serving

institutions; Predominantly Black Institutions; women’s colleges and univer-

sities; State vocational rehabilitation agencies that serve individuals with

disabilities; disability services offices at institutions of higher education;

organizations dedicated to serving veterans; public and non-profit private

universities serving a high percentage of economically disadvantaged students

or first-generation college or graduate students; community colleges and

technical schools; and community-based organizations that are dedicated

to serving and working with underserved communities, including return-

to-work programs, programs that provide training and support for older

adults seeking employment, programs serving formerly incarcerated individ-

uals, centers for independent living, disability rights organizations, and orga-

nizations dedicated to serving LGBTQ+ individuals.

(b) The head of each agency shall work with the Director of OSTP, the

Director of OPM, and the Deputy Director for Management of OMB to

make employment, internship, fellowship, and apprenticeship opportunities

available through the Partnerships Initiative, and shall take steps to enhance

recruitment efforts through the Partnerships Initiative, as part of the agency’s

overall recruitment efforts. The head of each agency shall, as part of the

reporting processes described in sections 3(c) and 4(c) of this order, measure

and report on the agency’s progress on carrying out this subsection.

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Sec. 8. Professional Development and Advancement. (a) The Director of

OPM, in consultation with the Deputy Director for Management of OMB,

shall issue detailed guidance to agencies for tracking demographic data

relating to participation in leadership and professional development programs

and development opportunities offered or sponsored by agencies and the

rate of the placement of participating employees into senior positions in

agencies, in a manner consistent with privacy and confidentiality protections

and statistical limitations.

(b) The head of each agency shall implement the guidance issued pursuant

to subsection (a) of this section, and shall use demographic data relating

to participation in professional development programs to identify ways to

improve outreach and recruitment for professional development programs

offered or sponsored by the agency, consistent with merit system principles.

The head of each agency shall also address any barriers to access to or

participation in such programs faced by members of underserved commu-

nities.

Sec. 9. Training and Learning. (a) The head of each agency shall take

steps to implement or increase the availability and use of diversity, equity,

inclusion, and accessibility training programs for employees, managers, and

leadership. Such training programs should enable Federal employees, man-

agers, and leaders to have knowledge of systemic and institutional racism

and bias against underserved communities, be supported in building skillsets

to promote respectful and inclusive workplaces and eliminate workplace

harassment, have knowledge of agency accessibility practices, and have in-

creased understanding of implicit and unconscious bias.

(b) The Director of OPM and the Chair of the EEOC shall issue guidance

and serve as a resource and repository for best practices for agencies to

develop or enhance existing diversity, equity, inclusion, and accessibility

training programs.

Sec. 10. Advancing Equity for Employees with Disabilities. (a) As established

in Executive Order 13548 of July 26, 2010 (Increasing Federal Employment

of Individuals with Disabilities), the Federal Government must become a

model for the employment of individuals with disabilities. Because a work-

force that includes people with disabilities is a stronger and more effective

workforce, agencies must provide an equitable, accessible, and inclusive

environment for employees with disabilities. In order for Federal employees

and applicants with disabilities to be assessed on their merits, accessible

information technologies must be provided and, where needed, reasonable

accommodations must be available that will allow qualified individuals

with disabilities to perform the essential functions of their positions and

access advancement opportunities. To that end, the relevant agencies shall

take the actions set forth in this section.

(b) The Secretary of Labor, the Director of OPM, the Chair of the EEOC,

the Deputy Director for Management of OMB, and the Executive Director

of the Architectural and Transportation Barriers Compliance Board (Access

Board), in consultation with the Administrator of General Services, as appro-

priate, shall coordinate with agencies to:

(i) support the Federal Government’s effort to provide people with disabil-

ities equal employment opportunities and take affirmative actions within

the Federal Government to ensure that agencies fully comply with applica-

ble laws, including sections 501, 504, and 508 of the Rehabilitation Act

of 1973, as amended (29 U.S.C. 791, 794, 794d);

(ii) assess current practices in using Schedule A hiring authority to employ

people with disabilities in the Federal Government, and evaluate opportu-

nities to enhance equity in employment opportunities and financial secu-

rity for employees with disabilities through different practices or guidance

on the use of Schedule A hiring authority; and

(iii) ensure that:

(A) applicants and employees with disabilities have access to information

about and understand their rights regarding disability self-identification;

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(B) applicants and employees with disabilities have access to information

about Schedule A hiring authority for individuals with disabilities;

(C) applicants and employees with disabilities have access to information

about, understand their rights to, and may easily request reasonable accom-

modations, workplace personal assistance services, and accessible informa-

tion and communication technology;

(D) the process of responding to reasonable accommodation requests

is timely and efficient;

(E) the processes and procedures for appealing the denial of a reasonable

accommodation request are timely and efficient; and

(F) all information and communication technology and products devel-

oped, procured, maintained, or used by Federal agencies are accessible

and usable by employees with disabilities consistent with all standards

and technical requirements of the Rehabilitation Act of 1973.

(c) To ensure that all Federal office buildings and workplaces are accessible

to employees with disabilities, the Administrator of General Services, the

Director of OPM, the Deputy Director for Management of OMB, and the

Executive Director of the Access Board shall work with Federal agencies

to ensure that Federal buildings and leased facilities comply with the accessi-

bility standards of the Architectural Barriers Act of 1968, Public Law 90–

480, and related standards.

(d) Beyond existing duties to comply with the Architectural Barriers Act

of 1968 and related standards, the head of each agency shall maximize

the accessibility of the physical environment of the agency’s workplaces,

consistent with applicable law and the availability of appropriations, so

as to reduce the need for reasonable accommodations, and provide periodic

notice to all employees that complaints concerning accessibility barriers

in Federal buildings can be filed with the Access Board.

(e) The Secretary of Defense and the Secretary of Labor shall review

the use of the Workforce Recruitment Program (WRP) for college students

and recent graduates with disabilities and take steps, as appropriate and

consistent with applicable law, to expand the WRP. The Secretaries shall

submit a report to the APDP describing any steps taken pursuant to this

subsection and providing recommendations for any Presidential, administra-

tive, or congressional actions to further expand and strengthen the program

and expand job opportunities.

Sec. 11. Advancing Equity for LGBTQ+ Employees. (a) As established in

Executive Order 13988, it is the policy of my Administration to prevent

and combat discrimination on the basis of gender identity or sexual orienta-

tion. Each Federal employee should be able to openly express their sexual

orientation, gender identity, and gender expression, and have these identities

affirmed and respected, without fear of discrimination, retribution, or dis-

advantage. To that end, the relevant agencies shall take the actions set

forth in this section.

(b) The head of each agency shall, in coordination with the Director

of OPM, ensure that existing employee support services equitably serve

LGBTQ+ employees, including, as appropriate, through the provision of

supportive services for transgender and gender non-conforming and non-

binary employees who wish to legally, medically, or socially transition.

(c) To ensure that LGBTQ+ employees (including their beneficiaries and

their eligible dependents), as well as LGBTQ+ beneficiaries and LGBTQ+

eligible dependents of all Federal employees, have equitable access to

healthcare and health insurance coverage:

(i) the Director of OPM shall take actions to promote equitable healthcare

coverage and services for enrolled LGBTQ+ employees (including their

beneficiaries and their eligible dependents), LGBTQ+ beneficiaries, and

LGBTQ+ eligible dependents, including coverage of comprehensive gender-

affirming care, through the Federal Employees Health Benefits Program;

and

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(ii) the Secretary of Defense shall take actions to promote equitable

healthcare coverage and services for LGBTQ+ members of the uniformed

services (including their beneficiaries and their eligible dependents),

LGBTQ+ beneficiaries, and LGBTQ+ eligible dependents, including cov-

erage of comprehensive gender-affirming care, through the Military Health

System.

(d) To ensure that LGBTQ+ employees (including their beneficiaries and

their eligible dependents), LGBTQ+ beneficiaries, and LGBTQ+ eligible de-

pendents have equitable access to all other insurance coverage and employee

benefits, the head of each agency shall, in coordination with the Director

of OPM, ensure that the Federal Government equitably provides insurance

coverage options and employee benefits for LGBTQ+ employees (including

their beneficiaries and their eligible dependents), LGBTQ+ beneficiaries, and

LGBTQ+ eligible dependents, including long-term care insurance, sick leave,

and life insurance. This includes ensuring that Federal benefits, programs,

and services recognize the diversity of family structures.

(e) To ensure that all Federal employees have their respective gender

identities accurately reflected and identified in the workplace:

(i) the head of each agency shall, in coordination with the Director of

OPM, take steps to foster an inclusive environment where all employees’

gender identities are respected, such as by including, where applicable,

non-binary gender marker and pronoun options in Federal hiring, employ-

ment, and benefits enrollment forms;

(ii) the Secretary of Commerce, acting through the Director of the National

Institute of Standards and Technology, shall update, as appropriate and

in consultation with any other relevant agencies, any relevant Federal

employee identification standards to ensure that Federal systems for issuing

employee identity credentials account for the needs of transgender and

gender non-conforming and non-binary employees. The Secretary, in co-

ordination with any other relevant agencies, shall take steps to reduce

any unnecessary administrative burden for transgender and gender non-

conforming and non-binary employees to update their names, photographs,

gender markers, and pronouns on federally issued employee identity cre-

dentials, where applicable; and

(iii) the head of each agency shall, in consultation with the Director

of OPM, update Federal employee identification standards to include non-

binary gender markers where gender markers are required in employee

systems and profiles, and shall take steps to reduce any unnecessary

administrative burden for transgender and gender non-conforming and

non-binary employees to update their gender markers and pronouns in

employee systems and profiles, where applicable.

(f) To support all Federal employees in accessing workplace facilities

aligned with their gender identities, the head of each agency shall explore

opportunities to expand the availability of gender non-binary facilities and

restrooms in federally owned and leased workplaces.

(g) The Director of National Intelligence, in consultation with the Director

of OPM and the heads of agencies, shall take steps to mitigate any barriers

in security clearance and background investigation processes for LGBTQ+

employees and applicants, in particular transgender and gender non-con-

forming and non-binary employees and applicants.

(h) The Director of OPM shall review and update, if necessary, OPM’s

2017 Guidance Regarding the Employment of Transgender Individuals in

the Federal Workplace.

Sec. 12. Pay Equity. Many workers continue to face racial and gender pay

gaps, and pay inequity disproportionately affects women of color. Accord-

ingly:

(a) The Director of OPM shall review Government-wide regulations and

guidance and, as appropriate and consistent with applicable law, in order

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to address any pay inequities and advance equal pay, consider whether

to:

(i) work with agencies to review, and revise if necessary, job classification

and compensation practices; and

(ii) prohibit agencies from seeking or relying on an applicant’s salary

history during the hiring process to set pay or when setting pay for

a current employee, unless salary history is raised without prompting

by the applicant or employee.

(b) The head of each agency that administers a pay system other than

one established under title 5 of the United States Code shall review the

agency’s regulations and guidance and, as appropriate and consistent with

applicable law, revise compensation practices in order to address any pay

inequities and advance equal pay. Agencies should report to OPM any

revisions to compensation practices made to implement this direction.

(c) The Director of OPM shall submit a report to the President describing

any changes to Government-wide and agency-specific compensation practices

recommended and adopted pursuant to this order.

Sec. 13. Expanding Employment Opportunities for Formerly Incarcerated

Individuals. To support equal opportunity for formerly incarcerated individ-

uals who have served their terms of incarceration and to support their

ability to fully reintegrate into society and make meaningful contributions

to our Nation, the Director of OPM shall evaluate the existence of any

barriers that formerly incarcerated individuals face in accessing Federal em-

ployment opportunities and any effect of those barriers on the civil service.

As appropriate, the Director of OPM shall also evaluate possible actions

to expand Federal employment opportunities for formerly incarcerated indi-

viduals, including the establishment of a new hiring authority, and shall

submit a report to the President containing the results of OPM’s evaluation

within 120 days of the date of this order.

Sec. 14. Delegation of Authority. The Director of OPM is hereby delegated

the authority of the President under sections 3301 and 3302 of title 5,

United States Code, for purposes of carrying out the Director’s responsibilities

under this order.

Sec. 15. General Provisions. (a) Nothing in this order shall be construed

to impair or otherwise affect:

(i) authority granted by law to an executive department or agency, or

the head thereof; or

(ii) functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and

subject to the availability of appropriations.

(c) Independent agencies are strongly encouraged to comply with the

provisions of this order.

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(d) This order is not intended to, and does not, create any right or

benefit, substantive or procedural, enforceable at law or in equity by any

party against the United States, its departments, agencies, or entities, its

officers, employees, or agents, or any other person.

THE WHITE HOUSE,

June 25, 2021.

[FR Doc. 2021–14127

Filed 6–29–21; 8:45 am]

Billing code 3295–F1–P

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