Federal Employment of People with Disabilities 

National Council on Disability 

March 31, 2009
1
 

National Council on Disability Members and Staff 

Members 

John R. Vaughn, Chairperson 

Chad Colley, Vice Chairperson 

Patricia Pound, Vice Chairperson 

Victoria Ray Carlson
 

Robert R. Davila, Ph.D.
 

Graham Hill
 

Marylyn Howe
 

Kathleen Martinez
 

Lisa Mattheiss
 

Heather McCallum
 

Katherine McCary
 

Lonnie Moore
 

Anne M. Rader
 

Linda Wetters
 

Tony Williams 

Staff 

Michael C. Collins, Executive Director 

Martin Gould, Ed.D., Director of Research 

Mark S. Quigley, Director of Communications 

Julie Carroll, Senior Attorney Advisor 

Joan M. Durocher, Senior Attorney Advisor
 

Lisa Grubb, Special Assistant to the Executive Director 

Geraldine Drake Hawkins, Ph.D., Senior Program Analyst 

Anne C. Sommers, Legislative Affairs Specialist 

Stacey S. Brown, Staff Assistant 

Carla Nelson, Secretary 
2 

Acknowledgments 

The National Council on Disability wishes to express its appreciation to Christine 

Domzal, Senior Research Manager, New Editions Consulting, Inc., for the development 

of this paper. 
3 

Table of Contents 

EXECUTIVE SUMMARY............................................................................................................7
 

Summary of the Status of People with Disabilities in the Federal Government............... 7
 

Recommendations ........................................................................................................ 10
 

Recommendations for the Office of Personnel Management ............................. 10
 

Recommendations for Congress ........................................................................ 12
 

Recommendation for Job Seekers ..................................................................... 13
 

INTRODUCTION .......................................................................................................................15
 

WHAT DO WE KNOW ABOUT THE EMPLOYMENT OF PEOPLE WITH 

DISABILITIES IN THE FEDERAL GOVERNMENT?.............................................................17
 

Affirmative Legal Requirements .................................................................................... 17
 

Model Employer Mandate................................................................................... 18
 

Equal Employment Opportunity Management Directive 715 .............................. 18
 

Stated Goals of the Federal Government...................................................................... 19
 

Executive Orders ................................................................................................ 19
 

New Freedom Initiative....................................................................................... 21
 

Recruitment, Diversity Programs, Targeted Outreach................................................... 21
 

Disability Program Managers.............................................................................. 21
 

National Disability Employment Awareness Month............................................. 22
 

Agency Mentoring Programs .............................................................................. 22
 

Current Statistics........................................................................................................... 23
 

How Information Is Collected.............................................................................. 23
 

Number of Employees with Disabilities in the Federal Government ................... 24
 

Number of Accommodation Requests ................................................................ 26
 

Number of Supervisors and Senior Executive Service Members with 

Disabilities in the Federal Government............................................................... 26
 

WHAT DO WE KNOW ABOUT THE PROCESS: APPLICATIONS, HIRING, 

ACCOMMODATIONS, ADVANCEMENT?.............................................................................29
 

Hiring Authorities for People with Disabilities ................................................................ 30
 

Schedule A ......................................................................................................... 30
 

Schedule A’s Application to Promotions ............................................................. 31
 

Schedule B ......................................................................................................... 31
 
4 

Special Appointing Authorities for Veterans .................................................................. 33
 

Barriers to Hiring and Promotion ................................................................................... 33
 

Job Announcements and the Application Process.............................................. 34
 

Obligations of the Applicant with a Disability ...................................................... 34
 

Resources Available to the Hiring Manager ....................................................... 35
 

Top Management Commitment .......................................................................... 36
 

Opportunities for Promotion and Advancement............................................................. 36
 

Vacancies Due to Retirement............................................................................. 36
 

Senior Executive Service.................................................................................... 37
 

Survey of the Federal Government on Supervisor Practices in Employment of 

People with Disabilities....................................................................................... 39
 

Protecting the Rights of Employees with Disabilities..................................................... 40
 

Reasonable Accommodations............................................................................ 40
 

Discrimination and Harassment.......................................................................... 43
 

Supervisor Training ............................................................................................ 43
 

WHAT DO WE KNOW ABOUT CURRENT FEDERAL GOVERNMENT INITIATIVES?....45
 

Agency Initiatives .......................................................................................................... 45
 

Leadership for the Employment of Americans with Disabilities (LEAD).............. 45
 

“Perspectives on Employment of People with Disabilities” Conference.............. 46
 

Workforce Recruitment Program ........................................................................ 46
 

Federal Equal Opportunity Recruitment Program............................................... 47
 

Computer/Electronic Accommodation Program.................................................. 47
 

Employer Assistance & Recruiting Network ....................................................... 47
 

AbilityOne ........................................................................................................... 48
 

Federal Disability Workforce Consortium ...................................................................... 49
 

Disabled Veterans Affirmative Action Program (DVAAP).............................................. 49
 

THE FUTURE: MAKING IT WORK .........................................................................................51
 

Opportunities................................................................................................................. 51
 

Where the Jobs Are............................................................................................ 51
 

Incoming Administration ..................................................................................... 52
 

Call to Serve....................................................................................................... 52
 

New OPM Initiative to Shorten the Federal Hiring Process ................................ 53
 

Promising Practices from State Government ................................................................ 53
 

Final Report on Best Practices for the Employment of People with Disabilities 

in State Government........................................................................................... 53
 
5 

RECOMMENDATIONS.............................................................................................................57
 

Recommendations for the Office of Personnel Management ............................. 57
 

Recommendations for Congress ........................................................................ 58
 

Recommendation for Job Seekers ..................................................................... 59
 

ENDNOTES...............................................................................................................................61
 
6 
7 

Executive Summary 

The purpose of this paper is to examine the status of employment of people with 

disabilities in the Federal Government and to make recommendations for improving 

federal hiring and advancement of employees with disabilities. The paper summarizes 

the legal authorities and policy guidance, the responsibilities of various federal agencies 

charged with ensuring equal opportunity in federal employment, barriers to hiring and 

advancement, provisions for reasonable accommodations, and agency initiatives. 

The National Council on Disability has determined that despite laws, regulations, policy 

guidance, and excepted service hiring authorities designed to promote federal 

employment opportunities for people with disabilities, barriers to federal employment 

remain, and the number of employees with disabilities in the federal workforce is low. 

Summary of the Status of People with Disabilities in the Federal 

Government 

•	 Total workforce. The Federal Government employed 23,969 people with 

targeted disabilities in Fiscal Year (FY) 2007, which was 0.92 percent of its total 

workforce of 2,608,172. From FY 1998 to FY 2007, the total workforce increased 

by 128,973 employees, a net change of 5.20 percent. However, the number of 

federal employees with targeted disabilities1 decreased from 28,035 in FY 1998 

to 23,993 in FY 2007, a net loss of 14.42 percent.2 

•	 Agencies employing people with disabilities. Among agencies with 500 or 

more employees, those with the highest percentage of people with targeted 

disabilities are Equal Employment Opportunity Commission (EEOC) (2.65 

percent, or 58 employees); Social Security Administration (2.06 percent, or 1,288 

employees); Defense Finance and Accounting Service (2.03 percent, or 253 

employees); and Defense Logistics Agency (1.89 percent, or 404 employees).3 

Among Cabinet-level agencies, five have participation rates greater than 1 

percent: Treasury (1.70 percent, or 1,748 employees); Veterans Affairs (1.48 

percent, or 3,756 employees); Education (1.36 percent, or 59 employees); 
8 

Housing and Urban Development (1.31 percent, or 126 employees); and Labor 

(1.25 percent, or 193 employees).4 

• Separation rate. Increasing the number of employees with disabilities in the 

Federal Government is made more difficult by the fact that employees with 

targeted disabilities leave the Federal Government at nearly twice their rate of 

hire. In FY 2006, there were 1,298 new hires with targeted disabilities, while 

2,096 employees with targeted disabilities left the Federal Government. In other 

words, employees with targeted disabilities accounted for 0.55 percent of total 

new hires but 0.92 percent of separations.5 Therefore, to increase the overall

participation rate, it is necessary to hire at a rate that exceeds the separation rate 

and to find ways to reduce the separation rate. 

•	 Supervisors. In FY 2007, employees with targeted disabilities made up 0.49 

percent of the 50,038 first-level managers (GS-12 level or below); 0.49 percent of 

the 65,792 mid-level managers (GS-13 or GS-14); and 0.43 percent of the 

38,837 senior-level managers (GS-15 or Senior Executive Service).6 

•	 Senior Executive Service. The Senior Executive Service (SES) is a separate 

personnel system covering a majority of the top managerial, supervisory, and 

policymaking positions in the executive branch. In FY 2007, the SES had 7,720 

members; only 35 (0.45 percent) were people with targeted disabilities.7 

Government-wide, the representation of career SES members reporting targeted 

disabilities declined from 0.52 percent in FY 2000 to 0.44 percent in FY 2007.8 

•	 Schedule A is a hiring authority that allows for noncompetitive appointment of 

people with targeted disabilities; it is designed to remove barriers and increase 

employment opportunities. However, the Schedule A hiring authority for people 

with disabilities is underutilized. In FY 2006, 237,612 new employees were hired 

by the Federal Government, but only 326 (0.14 percent) of the 1,298 new hires 

with disabilities were hired under Schedule A.9 

•	 Top management commitment. Lack of top management commitment to hiring 

people with disabilities is evident. In FY 2005, only 15.8 percent of the agencies 
 

9 

with 1,000 or more employees established a numerical goal for increasing the 

employment of people with targeted disabilities, even though these goals are 

required by EEOC Management Directive 715.10 

•	 Harassment. Since FY 2002, harassment has been the most frequently alleged 

issue in complaints of discrimination filed by employees on the basis of mental or 

physical disability. In FY 2006, harassment accounted for 38.1 percent of the 

1,130 complaints based on mental disability and 30.5 percent of the 3,843 

complaints based on physical disability. Other frequently alleged complaints 

involved reasonable accommodation or discipline issues.11 

Opportunities. Recognition of continuing barriers to federal employment has led to 

some promising solutions that create opportunities for agencies seeking qualified 

workers and for persons with disabilities seeking employment with the Federal 

Government. 

•	 The Office of Personnel Management (OPM) and the Partnership for Public 

Service estimate that about 550,000 federal employees will leave the 

government in the next five years, the majority through retirement. OPM has 

estimated that of the 956,613 employees who are eligible to retire through 

FY 2016, a predicted 586,339 employees (61.3 percent) will retire during that 

period.12 These retirements will create a significant number of job opportunities. 

•	 A survey of senior executive officers conducted in 2008 confirmed OPM 

projections of high turnover among the senior ranks in the near future: 41.6 

percent of career respondents plan to leave in the next three years, and 62 

percent plan to do so in the next five years. A majority (66 percent) of those 

planning to leave in the next year are under age 60.13 The need to replenish the 

senior ranks provides an opportunity for advancement and calls for new 

approaches to attract employees with the requisite skills to fill these vacancies. 

•	 The Partnership for Public Service issued a report summarizing the Federal 

Government’s most critical hiring needs through September 2009 by agency, 
10 

occupation, and skills.14 This report provides applicants with disabilities 

information on where job opportunities are, which agencies proactively recruit 

people with disabilities, and which agencies rate highly as best places to work. 

By 2009, federal agencies project hiring nearly 193,000 new workers for missioncritical jobs. 

•	 Call to Serve, a joint initiative between the Partnership for Public Service and the 

OPM, is dedicated to helping students learn more about internships and careers 

in the Federal Government. Participating agencies facilitate recruitment and 

retention of younger members of the federal workforce and communicate with the 

campus coordinators in the network to provide guidance on how students can 

find information about and pursue jobs in federal service. 

Recommendations 

On the basis of the current status of people with disabilities in the Federal Government, 

10 recommendations were developed. Five recommendations address the need for the 

Office of Personnel Management to examine personnel practices that continue to be 

barriers to hiring and advancing qualified people with disabilities. Four recommendations 

call on Congress to request the Government Accountability Office (GAO) to conduct 

studies on Schedule A, supervisor practices, and the veterans’ preference system; and 

to expand the authority of the Computer/Electronic Accommodations Program. One 

recommendation is for job seekers, encouraging people with disabilities to take 

advantage of the information available on opportunities in the Federal Government. 

These recommendations will address current barriers and promote opportunities for 

federal employment. 

Recommendations for the Office of Personnel Management 

1. Reduce the two-year probationary period for employees with disabilities 

under Schedule A to one year. With the exception of the Federal Career Intern 

Program (which requires a two-year training period) and the Veterans 

Recruitment Appointment excepted service authority (which requires a two-year 
11 

probationary period), new hires in the Federal Government are subject to a oneyear probationary period. Reducing the two-year probationary period required for 

people with disabilities who are hired under Schedule A to one year will bring 

Schedule A hires into parity with other new hires. 

2. Require the Federal Equal Opportunity Recruitment Program to include 

data on employees with disabilities. OPM has the responsibility to report 

annually to Congress on progress under the Federal Equal Opportunity 

Recruitment Program. The report is prepared in compliance with the law15 and

contains information on the representation of minorities within the Federal 

Government and best practices of federal agencies; however, it does not include 

data on employees with disabilities. The reporting requirements for employees 

with disabilities should be on par with other represented groups. 

3. Establish mandatory training on targeted disabilities for all supervisors 

within Federal Government agencies. The training should be overseen and 

delivered by the agency's senior training cadre who are full-time federal 

employees. There are several resources that can help supervisors and hiring 

managers recruit and hire applicants with disabilities, lessening one of the 

barriers to employment. 

4. Conduct a marketing campaign to encourage applicants with disabilities. 

The marketing campaign should be aimed at erasing any negative perceptions of 

being a federal employee with a disability and accentuate the positive aspects of 

federal employment. This marketing approach is particularly important given the 

impending retirement of a large percentage of the federal workforce in the near 

future and the need to fill these vacancies. 

5. Conduct a study of best practices in the Federal Government and develop a 

model program for hiring, retaining, and advancing people with disabilities. 

A few agencies, with visible commitment from top leadership, have developed 

innovative practices to encourage hiring, retaining, and advancing people with 
 

12 

disabilities. However, information on these practices is not readily available on 

agency Web sites and therefore is not widely known. There is a need to identify 

and promote successful practices for conducting effective outreach, hiring 

qualified candidates, establishing efficient programs for providing 

accommodations, and providing opportunities for promotion, including 

advancement to the Senior Executive Service. A study of best practices would 

recognize innovative agency practices, use those practices to develop a model 

program, and encourage other agencies to adopt those practices. This study 

could be based on the study of best practices in state governments conducted by 

EEOC.16 

Recommendations for Congress 

6. Request that the Government Accountability Office examine Schedule A 

employment for people with disabilities. EEOC has determined that the 

Schedule A hiring authority for people with disabilities is underutilized.17 A

comprehensive study of the Schedule A hiring authority for people with 

disabilities would determine why agencies are not using this authority so the 

requisite training and initiatives could be instituted to increase its use. 

7. Request that the Government Accountability Office conduct a survey of 

federal supervisors. It has been eight years since the President’s Task Force 

conducted the study of federal agency supervisors and managers about 

accommodation and employment of persons with disabilities in the federal sector. 

Since supervisors have a responsibility to protect the rights of employees with 

disabilities, it is important to determine whether they have the necessary 

knowledge to carry out that responsibility and to determine where further training 

is needed. Conducting the survey again will document progress and identify 

areas that need improvement. 

8. Request that the Government Accountability Office study the effectiveness 

of the preference system for veterans with disabilities. This study should 
13 

investigate the avenues for recourse if the veteran is not awarded the preference. 

It may be useful to determine whether this system has significantly reduced 

barriers to employment for veterans with disabilities and to identify best practices 

that can be translated to Schedule A appointments of employees with disabilities. 

9. Grant the Department of Defense Computer/Electronic Accommodations 

Program (CAP) the authority to include accommodations such as job 

structuring, telecommuting, and job-sharing. While electronic 

accommodations make federal employment accessible for employees with 

disabilities, an entire package of accommodations should be available to 

employees whose agencies have CAP partnerships. CAP has done an excellent 

job of providing assistive technology to federal employees and would be a logical 

place to house the expertise needed to provide support to supervisors who may 

not be familiar with job structuring, telecommuting, and job-sharing 

arrangements. 

Recommendation for Job Seekers 

10. Investigate employment opportunities in agencies with critical hiring needs 

and agencies that have shown a commitment to hiring people with 

disabilities. For example, almost 80 percent of projected new hires will be in five 

professional fields: security, protection, compliance and enforcement; medical 

and public health; accounting, budget, and business; engineering and sciences; 

and program management/analysis and administration. Among agencies with 

500 or more employees, those with the highest percentage of people with 

targeted disabilities in FY 2007 were Equal Employment Opportunity 

Commission (2.65 percent of a workforce of 2,192); Social Security 

Administration (2.06 percent of a workforce of 62,407); Defense Finance and 

Accounting Service (2.03 percent of a workforce of 12,449); Defense Logistics 

Agency (1.89 percent of a workforce of 21,394); and Department of the Treasury 

(1.70 percent of a workforce of 102,787). 
14 
15 

Introduction 

The purpose of this paper is to examine the status of employment of people with 

disabilities in the Federal Government and to make recommendations for improving 

federal hiring and advancement of employees with disabilities. The objectives of this 

paper are to (1) identify the affirmative legal requirements statutory framework under 

which the Federal Government must encourage employment of people with disabilities; 

(2) examine the current status of people with disabilities in the federal workplace; and 

(3) develop recommendations to increase employment opportunities for people with 

disabilities in the Federal Government. Despite laws, regulations, policy guidance, and 

excepted service hiring authorities designed to promote federal employment 

opportunities for people with disabilities, barriers to federal employment remain, and the 

number of employees with disabilities in the federal workforce is low. 
16 
 

17 

What Do We Know About the Employment of People 

with Disabilities in the Federal Government? 

Affirmative Legal Requirements 

Several statutory requirements pertain to affirmative employment for people with 

disabilities in the executive branch of the Federal Government. 

Section 501 of the Rehabilitation Act of 1973 as amended18 prohibits discrimination

on the basis of disability in federal employment and requires the Federal Government to 

engage in affirmative action for people with disabilities. The law: 

•	 Prohibits federal employers from discriminating against qualified job applicants or 

employees with disabilities. Persons with disabilities should be employed in all 

grade levels and occupational series commensurate with their qualifications. 

Federal employers should ensure that their policies do not unnecessarily exclude 

or limit persons with disabilities because of a job's structure or because of 

architectural, transportation, communication, procedural, or attitudinal barriers; 

•	 Requires employers to provide "reasonable accommodations" to applicants and 

employees with disabilities unless doing so would cause undue hardship to the 

employer. Such accommodations may involve, for example, restructuring the job, 

reassignment, modifying work schedules, adjusting or modifying examinations, 

providing readers or interpreters, and acquiring or modifying equipment or 

facilities, including the use of adaptive technology; 

•	 Prohibits selection criteria and standards that tend to screen out people with 

disabilities, unless such procedures have been determined through a job analysis 

to be job-related and consistent with business necessity, and an appropriate 

individualized assessment indicates that the job applicant cannot perform the 

essential functions of the job, with or without reasonable accommodation; and 
 

18 

•	 Requires federal agencies to develop affirmative action programs for hiring, 

placement, and advancement of persons with disabilities. Affirmative action must 

be an integral part of ongoing agency personnel management programs. 

Model Employer Mandate 

The statutory language of Section 501 mandates that federal agencies submit to the 

Equal Employment Opportunity Commission (EEOC) for approval an annually updated 

“affirmative action program plan for the hiring, placement, and advancement of 

individuals with disabilities.”19 The Section 501 regulations require that the federal 

government be a “model employer” with respect to the employment of people with 

disabilities.20 

Equal Employment Opportunity Management Directive 715 

To implement the model employer mandate, EEOC Management Directive 715 (MD715) 21 directs covered agencies to annually review their EEO and personnel programs, 

policies, and performance standards in accordance with specified criteria to identify 

where their EEO programs can become more effective, and to identify and eliminate 

barriers that hamper the advancement of applicants or employees with disabilities. The 

results are reported to EEOC, and must specifically address how an agency will make 

substantial progress in promoting the employment of qualified people with disabilities. 

Agencies with 1,000 or more employees must maintain a special recruitment program 

for people with targeted disabilities, and specific goals must be established for the 

employment and advancement of those employees. As detailed in MD-715, the six 

elements of a model EEO program are: 

• demonstrated commitment from agency leadership, 

•	 integration of EEO into the agency’s strategic mission, 

•	 management and program accountability, 

•	 proactive prevention of unlawful discrimination, 

• efficiency, and 
 

 

 

19 

•	 responsiveness and legal compliance. 

Other EEOC guidance documents include: 

•	 Policy Guidance on Executive Order 13164: Establishing Procedures to Facilitate 

the Provision of Reasonable Accommodation.22 

•	 Enforcement Guidance on Reasonable Accommodation and Undue Hardship 

Under the Americans with Disabilities Act (ADA).23 

Stated Goals of the Federal Government 

Executive Orders 

Executive Orders are official documents through which the President of the United 

States manages the operations of the Federal Government. Since 1988, several 

Executive Orders have dealt with increasing the employment opportunities for people 

with disabilities in the Federal Government. 

•	 President’s Committee on Employment of People with Disabilities 

Executive Order 12640, issued on May 10, 1988, established the President’s 

Committee on Employment of People with Disabilities. (However, this Committee 

had been in existence under various names since 1947.) The purpose of the 

Committee was to provide advice and information about developing the 

maximum employment opportunities for people with physical disabilities, 

developmental disabilities, or mental illness. On January 10, 2001, Executive 

Order 13187 revoked this committee and established the President’s Disability 

Employment Partnership Board. However, the Partnership Board was never 

constituted. 

•	 National Task Force on Employment of Adults with Disabilities 

Executive Order 13078, issued on March 13, 1998, established the National Task 

Force on Employment of Adults with Disabilities (subsequently referred to as the 

Presidential Task Force) to reduce employment barriers for persons with 
 

20 

disabilities. The purpose of the task force was to create a coordinated and 

aggressive national policy to bring adults with disabilities into gainful employment 

at a rate as close as possible to the general adult population and to promote the 

Federal Government as a model employer of adults with disabilities. In the 

Consolidated Appropriations Act of 2001, Congress created the Office of 

Disability Employment Policy (ODEP) in the Department of Labor to succeed the 

task force, which was terminated in 2002. 

•	 Increasing the Opportunity for Individuals with Disabilities 

Executive Order 13163, issued July 29, 2000, promoted the hiring of 100,000 

people with disabilities over the next five years at all levels and occupations in 

the Federal Government. It required agencies to use available hiring authorities, 

expand outreach efforts, and increase their efforts to accommodate people with 

disabilities. Each agency was required to prepare a plan to increase the 

employment opportunities for people with disabilities and to submit the plan to 

the Office of Personnel Management (OPM) within 60 days from the date of the 

order. OPM was directed to develop guidance for increasing the opportunities for 

people with disabilities employed in the Federal Government. 

•	 Requiring Federal Agencies to Establish Procedures to Facilitate the 

Provision of Reasonable Accommodation 

Executive Order 13164, issued July 28, 2000, promotes a model federal 

workplace that provides reasonable accommodation for (a) people with 

disabilities in the application process for federal employment; (b) federal 

employees with disabilities to perform the essential functions of a position; and 

(c) federal employees with disabilities to enjoy benefits and privileges of 

employment equal to those enjoyed by employees without disabilities. It requires 

federal agencies to establish written procedures to facilitate the provision of 

reasonable accommodation. Agencies submit their plans, and any modifications, 

to EEOC, which has issued guidance on developing plans.24 

•	 Reinstating Executive Order 13163 

President Obama is committed to increasing executive branch hiring of workers 
21 

with disabilities and has pledged to reinstate Executive Order 13163, which failed 

to achieve its mandate of hiring an additional 100,000 federal employees with 

disabilities within five years. President Obama plans to issue this Executive 

Order and designate a senior White House official to ensure that all federal 

departments and agencies meet the mandate. That official will also be 

responsible for integrating disability policy into major presidential initiatives.25 

New Freedom Initiative 

President Bush announced the New Freedom Initiative26 on February 1, 2001. The

initiative was a comprehensive plan to integrate Americans with disabilities more fully 

into community life, including integrating Americans with disabilities into the workforce 

through expanded telecommuting, implementation of the Ticket to Work program, full 

enforcement of the Americans with Disabilities Act, and innovative transportation 

solutions. 

Recruitment, Diversity Programs, Targeted Outreach 

Disability Program Managers 

To help agencies create an environment that will improve the hiring, advancement, and 

retention of people with targeted disabilities at all grade levels, EEOC recommends that 

agencies hire a full-time disability program manager (DPM); improve coordination 

between the DPM and the selective placement coordinators by including them in 

strategic planning, succession planning, and recruitment meetings; and require the 

DPM to issue a monthly report to management showing agency progress in the hiring, 

advancement, and retention of people with targeted disabilities.27 

The DPM is responsible for employment matters affecting people with disabilities and 

serves as a technical advisor to the workforce on all disability issues. Depending on the 

agency, responsibilities of the DPM may include providing disability awareness training, 

coordinating reasonable accommodation requests, and examining personnel data to 

identify barriers to full employment of people with targeted disabilities. 
22 

Most federal agencies also have a selective placement program coordinator, special 

emphasis manager, or equivalent, who is responsible for recruiting, hiring, and 

accommodating people with disabilities. OPM maintains an online directory that lists the 

coordinator by agency.28 Selective placement program coordinators are located at 

various levels of management. However, to best serve applicants with disabilities, it is 

important that the coordinators have the requisite skills and authority to conduct 

effective recruitment and accommodations activities. 

National Disability Employment Awareness Month 

Public Law 176, enacted by Congress in 1945, designated the first week in October as 

National Employ the Physically Handicapped Week. The President’s Committee on 

Employment of People with Disabilities was designated to carry out the law. In 1988, 

Congress changed the name to National Disability Employment Awareness Month. The 

responsibility for leading the nationwide recognition was transferred to ODEP in 2001. 

Agencies typically observe the month with special programs, including speakers and 

awards that recognize the abilities of employees with disabilities. 

Agency Mentoring Programs 

Disability Mentoring Day, held in conjunction with National Disability Employment 

Awareness Month, provides young people with disabilities an opportunity to gain insight 

into career options by spending time in the workplace shadowing an employee through 

a day on the job. Through 2006, Disability Mentoring Day was held by the American 

Association of People with Disabilities (AAPD), with ODEP as a lead sponsor. In 2008, 

ODEP provided a small amount of funding to AAPD to offset the cost of Disability 

Mentoring Day. In 2006, 13,000 students and job-seekers with disabilities participated in 

Disability Mentoring Day.29 

Several agencies have mentoring programs, although these programs are open to all 

employees and are not specifically for employees with disabilities. 
23 

Current Statistics 

How Information Is Collected 

EEOC collects and maintains employment statistics only for the nine targeted 

disabilities. Targeted disabilities are those that the Federal Government, as a matter of 

policy, has identified for special emphasis. The targeted disabilities are deafness; 

blindness; missing extremities; partial paralysis; complete paralysis; convulsive 

disorders; mental retardation; mental illness; and distortion of limb and/or spine. 

EEOC states that the purpose of focusing on targeted disabilities is to encourage the 

hiring, placement, and advancement of selected people with disabilities in affirmative 

action planning. The criteria EEOC used to select the targeted disabilities included the 

severity of the disability, the feasibility of recruitment, and the availability of workforce 

data for people with targeted disabilities. 

Agencies are required to report the number of employees with disabilities across the 

Federal Government (permanent, temporary, by agency, by grade level). For the 

purpose of statistics, recruitment, and targeted goals, EEOC defines disability as: “the 

number of employees in the workforce who have indicated having a disability on a 

Office of Personnel Management Standard Form (SF) 256.”30 Even though the

Rehabilitation Act restricts when and how agencies may ask applicants or current 

employees for disability-related medical information, it is permissible to identify people 

with disabilities in certain ways, including the following: 

Agencies may use information from the voluntary "Self-Identification of Handicap" form 

(SF-256) issued by the Office of Personnel Management (OPM) or other information 

that individuals choose to disclose about the existence of disabilities.31 

When tracking applications from people with disabilities as required under MD-715, or 

when considering the use of excepted appointing authorities or other special programs, 

the agencies may invite applicants to indicate if they have the types of disabilities 

covered by the program. 
 

24 

When an agency surveys applicants or current employees to obtain disability 

information, it must clearly notify them that (a) response to the invitation is voluntary and 

refusal to provide the information will not subject the individual to any adverse 

treatment; (b) the information will be kept confidential and used only for affirmative 

action purposes; and (c) employees may self-identify at any time during their 

employment, and failure to complete the SF-256 or to respond to pre-offer invitations 

will not excuse the agency from Rehabilitation Act requirements. Agencies may comply 

with this requirement by preparing a form cover letter issued along with the form. 

Agencies may ask people with disabilities who request or receive accommodations to 

complete the SF-256, but the agency cannot make completion of the form a condition of 

providing reasonable accommodation. 

Federal agencies submit SF-256 forms to OPM, and these figures form the basis for 

statistics compiled annually regarding the number of people with targeted disabilities 

employed by the Federal Government. 

These data collection procedures mean that disability data on federal employees are 

limited to information voluntarily self-reported by employees, which most likely results in 

these data being underreported. 

Number of Employees with Disabilities in the Federal Government 

From FY 1998 to FY 2007, the total Federal Government workforce increased by 

128,973 employees, a net change of 5.20 percent. However, the number of federal 

employees with targeted disabilities decreased from 28,035 in FY 1998 to 23,993 in 

FY 2007, a net loss of 14.42 percent. This represents 0.92 percent of the Federal 

Government’s total workforce of 2,608,172.32 

Among agencies with 500 or more employees, those with the highest percentage of 

people with targeted disabilities are the Equal Employment Opportunity Commission 

(2.65 percent, or 58 employees); Social Security Administration (2.06 percent, or 1,288 

employees); Defense Finance and Accounting Service (2.03 percent, or 253 
25 

employees); and Defense Logistics Agency (1.89 percent, or 404 employees).33 Among

Cabinet-level agencies, five have participation rates greater than 1 percent: Treasury 

(1.70 percent, or 1,748 employees); Veterans Affairs (1.48 percent, or 3,756 

employees); Education (1.36 percent, or 59 employees); Housing and Urban 

Development (1.31 percent, or 126 employees); and Labor (1.25 percent, or 193 

employees).34 

Increasing the number of employees with disabilities in the Federal Government is 

made more difficult by the fact that employees with targeted disabilities leave the 

Federal Government at nearly twice their rate of hire.35 In FY 2006, there were 1,298

new hires with targeted disabilities, while 2,096 employees with targeted disabilities left 

the Federal Government. In other words, employees with targeted disabilities accounted 

for 0.55 percent of total new hires but for 0.92 percent of separations. Reasons for 

separation include retirement (39.41 percent); voluntary departure (29.68 percent); 

termination (7.82 percent); death (3.67 percent); reduction in force (1.38 percent), and 

other (18.03 percent).36 Therefore, to increase the overall participation rate, it is 

necessary to hire at a rate that exceeds the separation rate and to find ways to reduce 

the separation rate. 

On November 10, 2008, OPM released a report37 showing that the number of veterans 

and disabled veterans working for the Federal Government continues to grow. The 

report presents federal employment statistics for FY 2007 and a comparison with FY 

2006 data. The Federal Government employed 462,744 veterans during FY 2007. This 

group included 103,180 veterans who were identified as having service-connected 

disabilities; of these, 54.3 percent, or 56,077, were 30 percent or more disabled. Fulltime permanent (FTP) employment disabled veterans, as a percentage of all FTP 

employment, increased from 5.8 percent in FY 2006 to 6.1 percent in FY 2007. New 

hires of FTP disabled veterans increased from 7,561 in FY 2006 to 8,401 in FY 2007. 

OPM actively assists veterans through the agency's Veterans' Outreach Offices, 

established to work directly with returning veterans who are interested in federal civilian 

employment opportunities. 
 

 

26 

Number of Accommodation Requests 

The only source of data on accommodations is the Computer/Electronic 

Accommodations Program (CAP) under the direction of the Assistant Secretary of 

Defense for Health Affairs. In FY 2007, CAP filled 8,775 requests for accommodations: 

3,202 accommodations for Department of Defense (DoD) employees; 2,575 for nonDoD employees; and 2,998 for wounded service members. The CAP Technology 

Evaluation Center (CAPTEC) is an evaluation and demonstration center for assistive 

technology. In FY 2007, CAPTEC served 942 DoD employees and 800 federal agency 

employees.38 

Number of Supervisors and Senior Executive Service Members with Disabilities in 

the Federal Government 

Supervisors. In FY 2007, employees with targeted disabilities made up 0.49 percent of 

the 50,038 first-level managers (GS-12 level or below); 0.49 percent of the 65,792 midlevel managers (GS-13 or GS-14); and 0.43 percent of the 38,837 senior-level 

managers (GS-15 or Senior Executive Service).39 

Senior Executive Service. The Civil Service Reform Act of 1978 established the 

Senior Executive Service (SES) as a separate personnel system covering a majority of 

the top managerial, supervisory, and policymaking positions in the executive branch. In 

FY 2007, the SES had 7,720 members; only 35 (0.45 percent) were people with 

targeted disabilities.40 

On November 26, 2008, the Government Accountability Office issued a report on 

diversity in the SES41 that included a review of the representation of career SES 

members who reported having targeted disabilities. Government-wide, the 

representation of career SES members reporting targeted disabilities declined from 0.52 

percent in FY 2000 to 0.44 percent in FY 2007. Government-wide includes civilian 

employees of all Cabinet-level departments, independent agencies, commissions, 

councils, and boards in the executive branch except the intelligence agencies, the 

Postal Service, and the Foreign Service. In both 2000 and 2007, 12 of the 24 Chief 
27 

Financial Officer Act agencies42 did not employ any SES members with targeted

disabilities. 
28 
29 

What Do We Know About the Process: Applications, 

Hiring, Accommodations, Advancement? 

There are two classes of jobs with the Federal Government: competitive civil service 

and excepted service. 

Competitive civil service jobs are under the jurisdiction of OPM and subject to the civil 

service laws enacted to ensure that jobs are filled based on a merit system for selecting 

the best qualified candidates according to job-related criteria. These laws, however, 

give individual managers flexibility to appoint the person they believe is the best 

qualified for the job. Agencies may fill jobs from outside the civil service or from among 

candidates with civil service status. In filling jobs, some selections must be made 

competitively; others may be made without open competition. 

Excepted service jobs are exempt from most or all of the civil service laws and are not 

generally subject to OPM jurisdiction. Some federal agencies, such as the Federal 

Bureau of Investigation and the Central Intelligence Agency, have only excepted service 

positions. Other agencies may have some divisions or specific jobs that are excepted. 

Positions are excepted by law, by Executive Order, or by OPM placing a position in the 

excepted service Schedules A, B, or C. 

Schedule A is used for special jobs for which it is impractical to use standard 

qualification requirements or to rate applicants using traditional competitive procedures. 

Attorney positions are in Schedule A because, by law, OPM cannot develop 

qualification standards or examinations for attorney jobs. Schedule B is used primarily 

for student positions. Schedule C is for positions that are subject to change at the 

discretion of a new Administration. 
 

30 

Hiring Authorities for People with Disabilities 

Schedule A 

Schedule A allows for noncompetitive appointment of people with targeted disabilities; it 

is designed to remove barriers and increase employment opportunities. New regulations 

for Schedule A became effective July 26, 2006.43 

Agencies may self-determine what type of placement to make, based on the needs of 

the position and the qualification level of the candidate. A hiring agency may make a 

temporary appointment, a time-limited appointment if the duties of the position do not 

require it to be filled on a permanent basis, or a permanent appointment. 

Eligibility for appointment under Schedule A for an applicant with a disability consists of 

two parts: 

1.	 Proof of disability. This proof may be in the form of documentation obtained from 

licensed medical professionals, state or private vocational rehabilitation 

specialists, or any government agency that issues or provides disability benefits. 

2.	 Certification of job readiness. This certification is a statement that the person is 

likely to succeed in the performance of the duties of the position for which he or 

she is applying. This certification of job readiness may be obtained from the 

same sources that provided the proof of disability. If a person has proof of 

disability documentation but not the certification of job readiness, hiring agencies 

have the discretion to place him or her on a temporary appointment under 

Schedule A to determine his or her job readiness. 

To hire people with disabilities under excepted service an agency must: 

•	 Identify an agency coordinator to help managers recruit, hire, and accommodate 

people with disabilities. 
 

31 

•	 Develop and disseminate information about the requirements associated with 

provisions for hiring people with disabilities. 

•	 Determine the essential duties of positions that could be filled by people with 

disabilities. 

•	 Work with public and private organizations to identify and place people with 

disabilities. 

•	 Evaluate the effectiveness of the placements and make changes to improve 

effectiveness. 

EEOC has determined that the Schedule A hiring authority for people with disabilities is 

underutilized. In FY 2006, 237,612 new employees were hired by the Federal 

Government, but only 326 (0.14 percent) of the 1,298 new hires with disabilities were 

hired under Schedule A.44 

Schedule A’s Application to Promotions 

Depending on the type of appointment, the probationary period typically lasts up to two 

years instead of the one-year probationary period for competitive new hires. Schedule A 

candidates are held to the same performance standards as all other employees. Once 

the probationary period has been successfully completed, employees should be 

converted to permanent competitive status. If the applicant was placed in a temporary 

appointment, the agency may credit time spent on a temporary appointment toward the 

two-year requirement.45 

Schedule B 

The Schedule B hiring authority includes three programs: the Student Temporary 

Employment Program, the Student Career Experience Program, and the Federal Career 

Intern Program. In FY 2006, of the 1,298 new hires with targeted disabilities,145 (0.06 

percent) entered under Schedule B programs.46 
 

32 

The Student Educational Employment Program was established in 1994 to provide 

federal employment opportunities to students who are enrolled or accepted for 

enrollment as degree-seeking students taking at least a half-time academic, technical, 

or vocational course load in an accredited high school, technical or vocational 

institution, college, university, or professional school. It includes two components: the 

Student Temporary Employment Program and the Student Career Experience Program. 

• The Student Temporary Employment Program47 provides maximum flexibility 

to both students and managers, because the nature of the work does not have to 

be related to the student's academic or career goals. Students are appointed to a 

position not to exceed one year, but appointments may be extended in one-year 

increments as long as the individual meets the definition of a student. Students 

are not eligible for noncompetitive conversion to a career or career-conditional 

appointment. Students may be noncompetitively converted to the Student Career 

Experience Program if they meet the requirements of that program and the 

agency has an appropriate position available. 

• The Student Career Experience Program48 provides work experience directly 

related to the student's academic program and career goals. Students may be 

noncompetitively converted to term, career, or career-conditional appointments at 

any time within 120 days following completion of their academic and work 

experience requirements. 

The Federal Career Intern Program (FCIP) was created by Executive Order 13162 in 

2000; it is intended for positions at grade levels GS-5, -7, and -9. In general, interns are 

appointed for two years.49 Upon successful completion of the internship, the person

may be eligible for permanent placement within an agency. The two years employees 

spend on the excepted appointment serve as their probationary period. The number of 

FCIP hires increased from 423 in FY 2001 to nearly 10,000 in FY 2005.50 In the

professional and administrative occupations, at entry grades GS-5 and GS-7, more than 

half of all new hires in FY 2005 entered service through this authority.51 
33 

Special Appointing Authorities for Veterans 

The 30 percent or more disabled veteran appointment authority and the Veterans 

Recruitment Appointment (VRA) authority are available for veterans. 

The disabled veteran appointment authority allows an agency to give a temporary or 

term appointment to a 30 percent or more disabled veteran with a service-connected 

disability, as rated by the Department of Veterans Affairs or DoD, to any position for 

which he or she is qualified.52 After demonstrating satisfactory performance, the 

disabled veteran may be converted to a career-conditional appointment at any time as 

determined by the agency. 

VRA53 is an excepted service appointment to a position that is otherwise in the 

competitive service. Agencies can use the VRA authority to fill white-collar positions up 

through GS-11 and equivalent jobs under other pay systems. After two years of 

satisfactory service, the veteran is converted from the excepted service appointment to 

a career-conditional appointment in the competitive service. 

Veterans who believe they have not been accorded the preference to which they are 

entitled may file a complaint with the Veterans Employment and Training Service 

(VETS), Department of Labor. 

Barriers to Hiring and Promotion 

Despite laws, regulations, guidance, and excepted service hiring authorities, barriers to 

federal employment remain for people with disabilities. EEOC defines barriers as 

“policies, procedures, practices, or conditions that limit or tend to limit employment 

opportunities for members of a particular race, ethnic or religious background, or 

gender, or for individuals with disabilities. While some barriers are readily discernable, 

most are embedded in the agency’s day-to-day employment policies, practices, and 

programs, including: recruitment, hiring, career development, competitive and 
 

34 

noncompetitive promotions, training, awards and incentive programs, disciplinary 

actions, and separations.”54 

Job Announcements and the Application Process 

Agencies are required to post their competitive service positions on OPM's USAJOBS 

Web site, with information on the duties, qualifications, and benefits of the position and 

instructions on how to apply. Although agencies are not required to post their excepted 

service positions on USAJOBS, many do so to attract additional applicants. Because 

agencies do their own hiring, procedures and required information often differ from 

agency to agency. 

Despite efforts to post job announcements on a central Web site, the lengthy and 

complicated federal hiring process can be a barrier to employment. Applicants regularly 

report confusion about the differences in application procedures among agencies, 

complex application requirements, and lack of communication from the agencies about 

the status of the hiring decision. 

Studies by the Merit Systems Protection Board have found that federal vacancy 

announcements are often poorly written, difficult to understand, and filled with jargon; 

candidates frequently wait five months or more to receive job offers; the hiring process 

is complex; and the Federal Government often fails to market itself effectively as an 

employer of choice.55 

Obligations of the Applicant with a Disability 

People with disabilities who hold a certification eligibility letter from a State Vocational 

Rehabilitation Office or the Department of Veterans Affairs may apply for employment 

opportunities through one of several special hiring authorities. Applicants with 

certification eligibility letters may apply directly to a selective placement coordinator to 

be considered for a job. 
 

35 

An applicant may apply competitively, then inform the agency’s selective placement 

program coordinator that the applicant has applied for a position with the agency and 

would like to be considered for a Schedule A appointment. The applicant should be 

prepared to provide the coordinator with the information about the job of interest. 

Applicants must also be knowledgeable about probation periods and pursue getting 

their positions converted to permanent appointments at the appropriate time. 

Resources Available to the Hiring Manager 

Several resources can help hiring managers recruit and hire applicants with disabilities, 

lessening one of the barriers to employment: 

• Federal Hiring Flexibilities Resource Center56 is an OPM Web site that helps 

users better understand how to hire and retain persons with disabilities using 

excepted service hiring authorities. 

• EEOC has issued a question-and-answer guide57 aimed at promoting the hiring

and advancement of people with disabilities in Federal Government employment. 

• EEOC has developed a series of booklets called The ABCs of Schedule A for 

	 hiring managers,58 human resource professionals,59 and disability program

managers or selective placement coordinators.60 

•	 The Department of Homeland Security (DHS) has developed a new training 

program, “Employment of People with Disabilities: A Roadmap to Success.” This 

45-minute training describes the department’s initiative, identifies the tools that 

make hiring people with disabilities a convenient option, and contains personal 

testimonials from four DHS employees with disabilities.61 

•	 Veterans employment information is available on the OPM Web site. The site 

contains information for job-seeking veterans, veterans currently employed by 

the Federal Government, and federal human resources specialists. VetsInfo 

Guide62 provides general information about how the system works and how 

veteran's preference and the special appointing authorities for veterans operate 

within the system. VetGuide63 gives detailed information about the special rights 
36 

and privileges that veterans enjoy in federal civil service employment. The guide 

summarizes in one place the many laws and regulations that affect the 

employment of veterans. 

Top Management Commitment 

Respondents to a survey of federal supervisors indicated that visible top management 

commitment is one of the most effective means of reducing barriers to hiring and 

advancing employees with disabilities.64 However, lack of top management commitment 

is still evident. In FY 2005, only 15.8 percent of the agencies with 1,000 or more 

employees established a numerical goal for increasing the employment of people with 

targeted disabilities, even though these goals are required by EEOC MD-715.65 Unless

agency leadership makes clear through agency directives that employing people with 

disabilities is an important goal, barriers will remain. 

Opportunities for Promotion and Advancement 

Although barriers to employment persist, there are promising paths to employment for 

persons with disabilities to pursue. 

Vacancies Due to Retirement 

OPM and the Partnership for Public Service estimate that about 550,000 federal 

employees will leave the government in the next five years, the majority through 

retirement. OPM has estimated that of the 956,613 employees who are eligible to retire 

through FY 2016, a predicted 586,339 employees (61.3 percent) will retire during that 

period.66 Turnover will affect some agencies and occupations more than others. For 

example, in OPM projections through 2010, three agencies will have a disproportionate 

number of workers eligible for retirement: the Department of Housing and Urban 

Development (48.3 percent), the Federal Aviation Administration (47.1 percent), and the 

Social Security Administration (40 percent).67 These retirements will create a significant 

number of job opportunities. 
 

37 

Senior Executive Service 

A survey of senior executive officers conducted in early 2008 confirmed OPM’s 

projections of high turnover among the senior ranks in the near future: 41.6 percent of 

career respondents plan to leave in the next three years, and 62 percent plan to leave in 

the next five years. A majority (66 percent) of those planning to leave in the next year 

are under age 60.68 The need to replenish the senior ranks provides an opportunity for 

advancement and emphasizes the need for new approaches to attract new employees 

with the requisite skills to fill these vacancies. 

To remedy the lack of diversity in the SES, Rep. Danny K. Davis (D-IL) and Senator 

Daniel K. Akaka (D-HI) introduced the Senior Executive Service Diversity Assurance Act 

in the House and Senate, respectively, in October 2007. On April 3, 2008, the House 

Subcommittee on Federal Workforce, Postal Service, and the District of Columbia held 

a hearing on H.R. 3774. Testimony was presented on behalf of women and minorities, 

but there was no representation from the disability community. The amended bill was 

passed by the House on June 3, 2008. No action was taken by the Senate, but both 

sponsors plan to reintroduce the legislation in the 111th Congress.69 

As passed by the House, H.R. 3774 requires OPM to reestablish the Senior Executive 

Service Resource Office (SESRO) at OPM. SESRO will serve as a central resource for 

agencies and will provide oversight of agency recruitment and candidate development 

efforts. OPM previously had such an office but dissolved it when the agency was 

reorganized in 2003. Concerns have been raised that OPM’s management of the SES 

is less effective without a central office to handle SES-related policy development and 

implementation. The bill includes the following requirements: 

•	 SESRO must develop and monitor programs for the advancement and training of 

senior executives, including the Senior Executive Service Federal Candidate 

Development Program; 
38 

•	 Each agency must submit a plan to OPM on how the agency is identifying and 

eliminating barriers to minorities, women, and people with disabilities to obtain 

appointments to the SES; 

•	 Agencies, to the extent possible, must include minorities, women, and people 

with disabilities on their executive resources boards as well as any other panels 

that evaluate SES candidates and should consider diversity in selecting 

members to serve on OPM’s Qualifications Review Boards. This language 

replaces a controversial clause in the original bill that required each agency to 

create an SES evaluation panel staffed by three employees that included at least 

one woman and one minority. The Justice Department objected to that provision, 

arguing that it created illegal quotas; 

•	 SESRO must compile and maintain annual statistics related to the composition of 

the SES, including the makeup of the SES with regard to race, ethnicity, sex, 

age, and disability, and OPM must make those statistics available on its Web 

site; 

•	 SESRO must establish mentoring programs for potential SES candidates; 

conduct a continuing program to recruit women, minorities, and people with 

disabilities for SES positions; advise agencies on how their equal employment or 

diversity office could be helpful in the SES appointments process; and evaluate 

and implement strategies to ensure that agencies conduct outreach to identify 

SES candidates in other agencies. 

•	 Each agency, in consultation with OPM, must submit to OPM a plan to improve 

opportunities for the advancement and appointment of minorities, women, and 

people with disabilities to the SES. Each agency plan must address how the 

agency will identify and eliminate barriers that impair the ability of minorities, 

women, and people with disabilities to obtain SES appointments and must 

address any actions the agency is taking to provide opportunities for 

advancement.70 
39 

Although these provisions would go a long way toward increasing diversity, OPM could 

increase accountability by requiring that each agency have a senior executive 

responsible for aligning and coordinating agency priorities with SESRO priorities. This 

agency coordinator's annual performance management plan should include specific 

activities to support the promotion of people with disabilities into the SES and the SES 

Federal Candidate Development Program. 

The SES Federal Candidate Development Program (Fed CDP), developed by OPM, 

trains leaders and prepares them for entry into the SES. The Fed CDP is an intensive 

program of classroom training, interagency experiences, rotational assignments, 

mentoring, coaching, field experiences, and Web-based learning. People who complete 

the program and are certified by an SES Qualifications Review Board may be selected 

for an SES position anywhere in the Federal Government without further competition. 

Survey of the Federal Government on Supervisor Practices in Employment of 

People with Disabilities 

Under a grant funded by the Presidential Task Force on Employment of Adults with 

Disabilities under Executive Order 13078, Cornell University conducted a survey of 

1,001 Federal Government supervisors in 2001 concerning the hiring and advancement 

of people with disabilities.71 The supervisors were employed by the 17 federal agencies

that served as members of the task force. The task force agencies accounted for 

948,867 (54 percent) of the total employees in the Federal Government and 63,424 

people with disabilities, of which 11,790 were people with targeted disabilities. 

When asked about continuing barriers to employment or advancement of people with 

disabilities, supervisors most often identified lack of experience, job skills, and training 

on the part of the applicant with disabilities. On the employer side, supervisors cited lack 

of supervisor knowledge of which accommodation to make, not providing a needed 

accommodation, and attitudes and stereotypes toward people with disabilities as 

preventing employees with disabilities from advancing in their careers. Supervisors with 

experience supervising employees with disabilities and supervisors without employees 
40 

with disabilities did not differ significantly in identifying these barriers. These survey 

results show that employees with disabilities could increase their advancement potential 

by gaining the necessary job skills and training; and workplaces could open 

opportunities for advancement by seeking out expert assistance in providing 

accommodations and conducting training to dispel stereotypes. 

Protecting the Rights of Employees with Disabilities 

Reasonable Accommodations 

The Rehabilitation Act of 1973 requires employers to provide "reasonable 

accommodations" to applicants and employees with disabilities unless doing so would 

cause undue hardship to the employer. A reasonable accommodation is an adjustment 

or alteration that enables a qualified person with a disability to apply for a job, perform 

job duties, or enjoy equal benefits and privileges of employment. Such accommodations 

may involve restructuring the job, reassignment, modifying work schedules, adjusting or 

modifying examinations, providing readers or interpreters, and acquiring or modifying 

equipment. 

The concept of reasonable accommodation applies to all aspects of employment, 

including recruitment, training, promotion, reassignment, and developmental 

assignments. It begins with recruitment activities. In accordance with the March 2000 

OPM memorandum to agencies,72 agency vacancy announcements must state that 

accommodations will be made for qualified applicants with disabilities. 

Executive Order 13164 requires each agency to track information that will enable the 

agency to evaluate its performance in considering and granting requests for reasonable 

accommodation. However, the Order does not impose any specific recordkeeping 

requirements. 

Employees who need reasonable accommodation are responsible for making their 

needs known to their supervisors. An employee can request reasonable 

accommodation either orally or in writing. The supervisor and the employee should 
41 

clarify the employee's needs, and identify the appropriate reasonable accommodation 

required to meet those needs. 

In addition to the Computer/Electronic Accommodation Program, some agencies have 

their own programs that offer expertise and support in providing assistive technology 

and reasonable accommodations. 

For example, the Department of Transportation (DOT) Disability Resource Center 

(DRC) provides job accommodations and related services to DOT employees and job 

applicants. The DOT Office of Human Resource Management operates the DRC with 

guidance from the Departmental Office of Civil Rights. Services are provided to all DOT 

operating administrations nationwide. DRC also has a service agreement with the U.S. 

Coast Guard. 

The Technology Accessible Resources Gives Employment Today (TARGET) 

Center was established in December 1992 to support Department of Agriculture 

(USDA) efforts to enforce federal disability legislation and support integration of 

assistive technology and ergonomic solutions. TARGET has eight workstations 

equipped with hardware and software to accommodate people with mobility, speech, 

visual, hearing, and cognitive impairments. TARGET has an expert staff available to 

provide demonstrations, assessments, information and referral, equipment loans, 

alternative formatting, Web accessibility training, and disability legislation education. 

The Center has an Interagency Agreement with the Department of Defense 

Computer/Electronic Accommodations Program (CAP) so that assistive technology can 

be provided for use by USDA employees with disabilities at no cost to USDA agencies. 

The Department of the Interior Accessible Technology Program determines 

appropriate assistive technology and ergonomic solutions. 

The U.S. Geological Survey Disability Resource Center, which is available to the 

entire Department of the Interior, features workstations with specialized communications 
42 

and technology solutions for a range of disabilities and an accessible science 

demonstration lab. 

The Department of Homeland Security has instituted an Accessibility Help Desk 

staffed by specialists who understand unique disability-related information technology 

and assistive technologies.73 

The Department of Education has an assistive technology team that helps managers 

and supervisors identify and implement accommodation solutions. 

The Department of Energy Disability Accommodation Program/Assistive Technologies 

Support Team provides computer and related telecommunications accommodations. 

The Department of Labor (DOL) Central Office for Assistive Services and Technology 

provides guidance on reasonable accommodations and related issues to DOL 

managers and employees, and applicants with disabilities. The department is also 

considering a centralized program to provide service-based reasonable 

accommodations such as sign language interpreters and personal assistance services 

that are beyond the scope of the DoD Computer/Electronic Accommodations Program 

(CAP). 

The Department of Veterans Affairs Microcomputer Training Program for Persons 

with Disabilities offers computer-based adaptive equipment training and technical 

support to veterans and government employees with disabilities. 

The General Services Administration Center for Information Technology 

Accommodation/Assistive Technology Showcase displays state-of-the-art assistive 

technologies and ergonomic solutions. 

The Centers for Disease Control and Prevention created a central fund for 

accommodations. The Office of Dispute Resolution and Equal Employment Opportunity, 

and the Management Information Systems Office implemented the Automated Tracking 
43 

System, which electronically processes, evaluates, and takes action on requests for 

reasonable accommodations for employees with disabilities. 

Discrimination and Harassment 

Discrimination occurs when an employer intentionally treats one employee differently 

from another when the two are similarly situated and the treatment is based on race, 

color, age, national origin, religion, sex, disability, or EEO activity. 

Harassment is physical or verbal conduct that has the purpose or effect of creating an 

intimidating, hostile, or offensive work environment. The harassment must be based on 

a protected basis and be so severe or pervasive as to alter the conditions of 

employment. 

Since FY 2002, harassment has been the most frequently alleged issue in complaints of 

discrimination filed by employees on the basis of mental or physical disability. In 

FY 2006, harassment accounted for 38.1 percent of the 1,130 complaints based on 

mental disability and 30.5 percent of the 3,843 complaints based on physical disability. 

Other frequently alleged complaints involved reasonable accommodation and discipline 

issues.74 

Supervisor Training 

Protecting the rights of employees with disabilities requires that supervisors be familiar 

with civil rights laws. In the survey of federal supervisors,75 90 percent of respondents

reported having had some formal disability civil rights training as a federal supervisor. 

Training was usually provided during general employment discrimination or diversity 

training, or during general supervisory or management training. Two out of five 

supervisors surveyed reported being aware of EEOC guidelines for federal agencies to 

establish written procedures to facilitate the provision of reasonable accommodation 

under Executive Order 13164. Nearly half of those who were aware of this provision 

indicated that it had influenced their supervisory practice either “a great deal” or 
44 

“somewhat.” The level of awareness and influence was higher for those who had 

experience supervising employees with disabilities. 

Over half of the supervisors involved in recruitment reported being very familiar or 

somewhat familiar with the special hiring authorities for the Federal Government that 

promote hiring disabled veterans; approximately one-third were familiar with the special 

hiring authorities for hiring people with cognitive disabilities or significant physical 

disabilities, or people who have recovered from mental illness. 

However, there is room for improvement in supervisor training. Supervisors cited a need 

for more information on accommodations for mental illness and the accommodation 

process generally. Respondents also stated that disability nondiscrimination training 

should be a mandatory element of management training. 
 

45 

What Do We Know About Current Federal Government 

Initiatives? 

Agency Initiatives 

While affirmative legal requirements form the basis for required actions, agencies have 

also developed initiatives to supplement these legal requirements. These initiatives 

target specific barriers to employing people with disabilities. 

Leadership for the Employment of Americans with Disabilities (LEAD) 

In June 2006, EEOC launched the Leadership for the Employment of Americans with 

Disabilities (LEAD) Initiative to address the declining number of employees with 

targeted disabilities in the federal workforce. LEAD is not an employment program. 

Rather, LEAD staff are working to encourage federal agencies to hire and advance 

more people with severe disabilities through a national outreach and education 

campaign that seeks to: 

•	 reverse the trend of decreasing participation in federal employment; 

•	 increase the awareness of hiring officials about the declining numbers of people 

with disabilities in federal employment; 

•	 educate federal hiring officials about how to use special hiring authorities to bring 

people with disabilities on board, particularly those with severe disabilities; 

•	 educate applicants with severe disabilities about how to apply using the special 

hiring authorities available; and 

•	 supply information and Hresources (see http://www.eeoc.gov/initiatives/lead 

/resources.html)H on recruitment, hiring, and providing reasonable 

accommodations. 

EEOC has outlined four basic steps all agencies can take to immediately improve the 

employment picture at their agencies:76 
46 

•	 Set a goal, make a plan, and implement the plan. 

•	 Hire or appoint a disability program manager or a selective placement 

coordinator; ideally, both. 

•	 Make sure human resources personnel understand how to handle Schedule A 

applications. 

•	 Deal head on with the attitudinal biases of hiring managers. 

As part of this initiative, a July 2008 conference entitled “Two Percent by 2010” was 

held to encourage agencies to increase the representation of people with disabilities in 

the Federal Government to 2 percent by 2010. 

“Perspectives on Employment of People with Disabilities” Conference 

This annual training conference, chaired by ODEP, brings together federal EEO officials 

and personnel representatives who deal with issues that affect the employment of 

people with disabilities within the Federal Government. It covers personnel policies and 

practices, developments in technology, legal updates, and resources. Workshops, 

keynote speakers, and general sessions are presented by experts knowledgeable in 

disability employment issues in the federal sector. The conference is jointly sponsored 

by the Census Bureau, Department of Agriculture, Department of Defense, Department 

of Homeland Security, Department of Labor, Department of Veterans Affairs, 

Environmental Protection Agency, Equal Employment Opportunity Commission, 

National Institutes of Health, and National Oceanic and Atmospheric Administration. 

Workforce Recruitment Program 

The Workforce Recruitment Program for College Students with Disabilities (WRP) is a 

recruitment and referral program that connects federal sector employers with highly 

motivated postsecondary students and recent graduates with disabilities through 

summer or permanent jobs. The WRP is cosponsored by the Department of Labor and 

the Department of Defense, with the participation of about 20 other federal agencies. 
47 

Each year, WRP recruiters from federal agencies conduct interviews with interested 

students on college campuses across the country. Information from these interviews is 

compiled in a searchable database that is available through the WRP Web site to hiring 

officials in federal agencies. 

The WRP has provided employment opportunities for nearly 4,500 students since 1995. 

In 2008, 74 recruiters from 17 federal agencies visited about 250 college campuses, 

resulting in a database containing application information on nearly 1,800 students with 

disabilities. During the 2008 season, federal managers hired more than 450 students to 

work at various federal agencies, mostly in summer jobs.77 

Federal Equal Opportunity Recruitment Program 

OPM has the responsibility to report annually to Congress on progress under the 

Federal Equal Opportunity Recruitment Program. The report is prepared in compliance 

with the law78 and contains information on the representation of minorities in the 

Federal Government and best practices of federal agencies. However, it does not 

include information on disability. 

Computer/Electronic Accommodation Program 

CAP was established as the centrally funded Department of Defense (DoD) program 

that provides assistive technology to DoD employees with disabilities. CAP received 

authorization in FY 2001 to serve as the centrally funded program to accommodate 

federal employees with disabilities; since then, it has partnered with 65 federal 

agencies. 

Employer Assistance & Recruiting Network 

The Employer Assistance & Recruiting Network (EARN),79 funded by ODEP, is a free

service that connects employers with skilled job candidates. EARN also offers 

assistance to employment service providers and job-seekers with disabilities by 

providing them with job leads from employers interested in including people with 
 

48 

disabilities in their recruiting efforts. Currently, 162 federal agencies are using EARN 

services to identify qualified candidates with disabilities. 

AbilityOne 

Formerly known as the Javits-Wagner-O’Day (JWOD) Program, AbilityOne is a federal 

initiative to help people who are blind or severely disabled find employment working for 

nonprofit agencies that sell products or services to the U.S. Government. Originally 

created in 1938 to enable agencies serving people who were blind to sell products to 

the Federal Government, the program was changed in 1971 to permit people with other 

severe disabilities to also benefit. The amended JWOD Act of 1971 also created the 

Committee for Purchase From People Who Are Blind or Severely Disabled, the 

independent federal agency that administers the AbilityOne Program. The Committee is 

composed of 15 members appointed by the President. Eleven of the members 

represent government agencies (Departments of Agriculture, Air Force, Army, 

Commerce, Defense, Education, Justice, Labor, Navy and Veterans Affairs, and the 

General Services Administration). Four members are private citizens knowledgeable 

about the employment problems of people who are blind or have other severe 

disabilities, including those employed by nonprofit agencies affiliated with the AbilityOne 

Program. Among its responsibilities, the Committee: 

•	 determines which products and services purchased by the Federal Government 

must be procured from AbilityOne-participating nonprofit agencies; 

•	 establishes the fair market prices for these products and services, and revises 

the prices when appropriate; 

•	 ensures that nonprofit agencies comply with Committee rules and regulations 

(through onsite reviews of agency operations, annual certifications, and other 

means); 

•	 assists entities of the Federal Government in expanding their AbilityOne 

procurement; and 

•	 designates one or more distributors for AbilityOne products and services. 
 

 

49 

The Committee has designated two central nonprofit agencies (NPAs)—National 

Industries for the Blind and NISH—to assist with program implementation. More than 

600 NPAs produce products and services under the program. The core criterion for 

NPA eligibility is that 75 percent of total direct labor hours must be performed by people 

who are blind or have other severe disabilities. In 2006, nearly 47,000 people were 

employed through the program.80 

Federal Disability Workforce Consortium 

The mission of the Federal Disability Workforce Consortium is to improve employment 

for people with targeted disabilities in the federal workforce. The Consortium seeks to 

expand the current pool of talent in the federal workforce through improving recruiting, 

hiring, retention, and advancement of employees with disabilities, especially those with 

targeted or more severe disabilities. Since 2005, the Consortium has sponsored 

learning sessions and working meetings on disability-employment-related topics. 

Disabled Veterans Affirmative Action Program (DVAAP) 

Most departments and agencies in the Federal Government are required to have an 

affirmative action program for the recruitment, employment, and advancement of 

disabled veterans. The law requires agencies to develop annual Disabled Veterans 

Affirmative Action Program (DVAAP) Plans.81 

Each year, agencies must submit DVAAP accomplishment reports to OPM. The 

accomplishment reports must describe agency efforts to promote the maximum 

employment and job advancement opportunities for disabled veterans, as well as 

certain other veterans of the Vietnam and post-Vietnam era who are qualified for such 

employment and advancement. As part of the submission package, each agency must 

include a signed statement certifying that the agency has an up-to-date DVAAP plan. 
50 

OPM provides guidance and assistance to federal agencies in developing DVAAP 

plans, and submits an Annual Report to Congress on the employment of veterans in the 

Federal Government. 
51 

The Future: Making It Work 

Opportunities 

Recognition of continuing barriers to federal employment has led to some promising 

solutions that create opportunities for agencies seeking qualified workers and for 

persons with disabilities seeking employment with the Federal Government. The 

following opportunities were chosen for their relevance to addressing the barriers 

discussed in this paper. 

Where the Jobs Are 

The Partnership for Public Service issued a report summarizing the Federal 

Government’s most critical hiring needs through September 2009 by agency, 

occupation, and skills.82 By 2009, federal agencies project hiring nearly 193,000 new 

workers for mission-critical jobs. Findings include the following: 

•	 Almost 80 percent of the projected new mission-critical hires will be in five 

professional fields: security, protection, compliance and enforcement (62,863 

new hires); medical and public health (35,350 new hires); accounting, budget and 

business (21,248 new hires); engineering and sciences (17,477 new hires); and 

program management/analysis and administration (14,305 new hires). 

•	 The 2007 projections include large increases in compliance and enforcement 

hires (27,243, up from 6,760 in 2005). The increase is linked primarily to 

expanded customs, border security, and immigration activities by the Department 

of Homeland Security. 

•	 Agencies report dramatically increased demand for information technology (IT) 

specialists. In 2007, two out of every three agencies list IT as a mission- critical 

occupation, and these agencies plan to hire 11,562 IT professionals through 

2009. 
52 

•	 Demand for health care workers is up. Agencies project more than 35,000 hires 

in health care fields through 2009. 

•	 The number of accounting, budget, and business jobs is expected to increase 

significantly likely due to increased demand for contracting specialists. 

This information provides applicants with disabilities the ability to discern where job 

opportunities are, which agencies proactively recruit people with disabilities, and which 

agencies rate highly as best places to work. For example, the report recognizes that the 

Department of Agriculture has been a lead federal employer in the hiring of college 

students with disabilities and that the Department of Transportation encourages the 

hiring of veterans and people with disabilities. 

Incoming Administration 

The new Administration and the accompanying turnover of senior officials offers an 

opportunity for people with disabilities. The United States Government Policy and 

Supporting Positions, commonly known as the Plum Book,83 contains information on 

more than 7,000 federal civil service leadership and support positions in the legislative 

and executive branches of the Federal Government that may be subject to 

noncompetitive appointment (e.g., positions such as agency heads and their immediate 

subordinates, policy executives and advisors, and aides who report to these officials). 

Call to Serve 

Call to Serve, a joint initiative between the Partnership for Public Service and OPM, is 

dedicated to helping students learn more about internships and careers in the Federal 

Government. To date, more than 615 campuses and 75 federal agencies have joined 

the Call to Serve network. Participating agencies facilitate recruitment and retention of 

younger members of the federal workforce and communicate with the campus 

coordinators in the network to provide guidance on how students can find information 

about and pursue jobs in federal service. Its Web site84 provides information on how to

find and apply for federal jobs. 
53 

New OPM Initiative to Shorten the Federal Hiring Process 

The lengthy and complicated federal hiring process can be a barrier to applicants 

seeking employment. To remedy this situation, on September 10, 2008, OPM 

announced a new initiative designed to streamline the federal hiring process. The Endto-End Hiring Roadmap85 was designed to provide an easy-to-understand application,

timely updates regarding application status, and a window of no more than 2.5 months 

within which the applicant starts the job. The Roadmap integrates five key components 

of the hiring process: workforce planning, recruitment, hiring, security and suitability, 

and orientation. 

To ease the process for job applicants, the Roadmap calls for shorter job 

announcements, written in plain language, and the elimination of the knowledge, skills, 

and abilities narratives typically required along with a resume. When the Roadmap is 

fully implemented, the hiring process is expected to take no more than 25 business 

days from the date a job announcement closes to the date a tentative job offer is 

made—a 20-day improvement over previous OPM goals. The Roadmap will help 

agencies plan for mission requirements, post jobs quickly, ensure that recruitment 

initiatives are targeting the right people, increase the timeliness of security background 

investigations, and orient new employees. 

Promising Practices from State Government 

Final Report on Best Practices for the Employment of People with Disabilities in 

State Government 

EEOC conducted a study of nine states (Florida, Kansas, Maryland, Missouri, New 

Hampshire, New Mexico, Utah, Vermont, and Washington) to determine best practices 

that promote the hiring, retention, and advancement of people with disabilities in state 

government jobs.86 Overall, the study found that many of the best practices identified in 

the report resulted from legislative or executive actions. The following are among the 

findings. 
54 

Recruiting and Hiring 

•	 New Mexico created an Executive Task Force on Disability Employment to 

develop strategies to increase the recruitment and hiring of qualified people with 

disabilities for state government jobs. 

•	 Vermont and Washington work with organizations of and for people with 

disabilities as part of their targeted outreach and recruitment efforts. Maryland 

has a Coordinator of Special Outreach and Employment Programs to assist state 

agencies in targeting diverse applicant pools for state positions that include 

persons with disabilities. 

•	 Vermont and Washington have programs that specifically train or hire people with 

disabilities for state jobs. Vermont also provides a "must interview" status to 

anyone with a disability who meets the minimum qualifications for any state job. 

•	 Most of the states surveyed provide clear statements to job applicants about 

reasonable accommodations for the application process and provide supervisors 

and managers with training on their ADA obligations related to the application 

and interview process. 

Reasonable Accommodation 

•	 Vermont has statewide written reasonable accommodation policies and 

procedures; Washington requires state agencies with 50 or more employees to 

develop reasonable accommodation procedures that are reviewed by the state's 

Affirmative Action Committee; and Florida and Kansas reported that a number of 

state agencies have adopted their own written procedures. 

•	 Several states provide procedural safeguards to ensure that reasonable 

accommodations are not inappropriately denied. Utah trains all ADA coordinators 

to submit any proposed denials to the Division of Risk Management so they can 

be reviewed for legal sufficiency; Vermont created a Reasonable 

Accommodation Committee to which an employee may submit a denial for 
55 

review; and Washington requires that all denials of accommodation be signed by 

the head of the employing agency. 

•	 Maryland and Vermont have tracked information related to reasonable 

accommodations that could be used to assess the effectiveness of reasonable 

accommodation procedures. 

•	 While all the states surveyed generally require individual state agencies to pay 

for reasonable accommodations, Utah and Washington have some centralized 

funds available for any agency that can demonstrate that a particular 

accommodation would be too costly for the agency to obtain on its own. 

•	 Agencies in Kansas and Missouri provide accommodations for some employees 

who do not necessarily meet the ADA's definition of disability, such as those with 

limitations resulting from short-term, temporary conditions. 

Issues for Further Evaluation by States 

•	 Some states’ equal employment opportunity and affirmative action policies do not 

include disability. Some affirmative action policies specify disability, but there are 

no accompanying efforts to increase the representation of people with disabilities 

in the workforce. 

•	 Some states’ procedures inappropriately limit the obligation to provide 

reasonable accommodations such as telework and reassignment, or limit the 

availability of reasonable accommodation to those with permanent conditions. 

Since the EEOC study was completed, other states have instituted coordinated efforts 

to increase employment opportunities in state government for people with disabilities. 

Although a comprehensive review of states is beyond the scope of this paper, recent 

activities undertaken by Virginia and Maine are described below. Both states have 

executive directives that show top-level commitment; make training resources available 

so that agencies can fulfill their responsibilities; and promote agency accountability 

through mandated reporting. 
56 

Virginia 

In 2007, the Governor of Virginia issued an Executive Directive87 requiring all state

agencies to actively recruit qualified applicants with disabilities. The directive requires all 

executive branch agencies, boards, commissions, and institutions to examine existing 

practices related to people with disabilities, including a review of recruitment efforts, 

interviewing criteria, testing procedures, and resources for reasonable 

accommodations. Hiring managers are encouraged to participate in training including 

interviewing techniques, accommodations and assistive technology. Agencies are 

required to submit an annual report of their activities. 

Virginia also funded a two-year initiative, Promoting Partnerships and Employment for 

Virginians with Disabilities, to promote public-private partnerships to increase the 

employment of people with disabilities in state government agencies.88 The initiative

included training for rehabilitation professionals to develop more effective partnerships 

with private sector staffing organizations that will increase employment opportunities for 

people with disabilities. Training was also provided in working with qualified onsite 

employment coaches, creating disability awareness, addressing communications 

issues, and providing job accommodations. The project ended in December 2008, but 

its Web site contains resources and archived Webcasts.89 

Maine 

Maine has been taking coordinated steps to improve state employment opportunities for 

people with disabilities. In February 2006, the Governor of Maine issued an Executive 

Order90 calling for the state to better promote state jobs to people with disabilities, 

identify difficult-to-fill jobs, and survey state workers about their disabilities and 

experiences with state employment. The survey has been completed.91 A law effective 

August 23, 2006,92 requires the state to review its hiring and advancement practices, 

increase accommodation efforts, and create a centralized staff position to coordinate 

the state's efforts to expand employment opportunities. A new brochure entitled Are You 

a Person with a Disability Looking for a Good Job? Have You Considered Work with the 

Maine State Government?93 contains information for job seekers who have a disability.
57 

Recommendations 

Based on the current status of people with disabilities in the Federal Government, the 

National Council on Disability has developed 10 recommendations. Five 

recommendations address the need for the Office of Personnel Management to 

examine personnel practices that continue to be barriers to hiring and advancing 

qualified people with disabilities. Four recommendations call on Congress to request the 

Government Accountability Office to conduct studies on Schedule A, supervisor 

practices, and the Veterans' Preference system; and to expand the authority of the 

Computer/Electronic Accommodations Program. One recommendation is for job 

seekers, encouraging people with disabilities to take advantage of the information 

available on opportunities in the Federal Government. These recommendations address 

current barriers and promote opportunities for federal employment. 

Recommendations for the Office of Personnel Management 

1. Reduce the two-year probationary period for employees with disabilities 

under Schedule A to one year. With the exception of the Federal Career Intern 

Program (which requires a two-year training period) and the Veterans 

Recruitment Appointment excepted service authority (which requires a two-year 

probationary period), new hires in the Federal Government are subject to a oneyear probationary period. Reducing the two-year probationary period required for 

people with disabilities who are hired under Schedule A to one year will bring 

Schedule A hires into parity with other new hires. 

2. Require the Federal Equal Opportunity Recruitment Program to include 

data on employees with disabilities. The Office of Personnel Management has 

the responsibility to report annually to Congress on progress under the Federal 

Equal Opportunity Recruitment Program. The report is prepared in compliance 

with the law94 and contains information on the representation of minorities within 

the Federal Government and best practices of federal agencies; however, it does 

not include data on employees with disabilities. 
 

58 

3. Establish mandatory training on targeted disabilities for all supervisors in 

Federal Government agencies. The training should be overseen and delivered 

by the agency's senior training cadre who are full-time federal employees. 

4. Conduct a marketing campaign to encourage applicants with disabilities. 

The marketing campaign should be aimed at erasing any negative perceptions of 

being a federal employee with a disability and accentuate the positive aspects of 

federal employment. This marketing approach is particularly important given the 

impending retirement of a large percentage of the federal workforce in the near 

future and the need to fill these vacancies. 

5. Conduct a study of best practices in the Federal Government and develop a 

model program for hiring, retaining, and advancing people with disabilities. 

A few agencies, with visible commitment from top leadership, have developed 

innovative practices to encourage hiring, retaining, and advancing people with 

disabilities. However, information on these practices is not readily available on 

agency Web sites and therefore is not widely known. There is a need to identify 

and promote successful practices for conducting effective outreach, hiring 

qualified candidates, establishing efficient programs for providing 

accommodations, and providing opportunities for promotion, including 

advancement to the Senior Executive Service. A study of best practices would 

recognize innovative agency practices, use those practices to develop a model 

program, and encourage other agencies to adopt those practices. This study 

could be based on the study of best practices in state governments conducted by 

EEOC.95 

Recommendations for Congress 

6. Request that the Government Accountability Office examine Schedule A 

employment for people with disabilities. EEOC has determined that the 

Schedule A hiring authority for people with disabilities is underutilized.96 A

comprehensive study of the Schedule A hiring authority for people with 
59 

disabilities would determine why agencies are not using this authority so the 

requisite training and initiatives could be instituted to increase its use. 

7. Request that the Government Accountability Office conduct a survey of 

federal supervisors. It has been eight years since the President’s Task Force 

conducted the study of federal agency supervisors and managers about 

accommodation and employment of persons with disabilities in the federal sector. 

Since supervisors have a responsibility to protect the rights of employees with 

disabilities, it is important to determine whether they have the necessary 

knowledge to carry out that responsibility and to determine where further training 

is needed. Conducting the survey again will document progress and identify 

areas that need improvement. 

8. Request that the Government Accountability Office study the effectiveness 

of the preference system for veterans with disabilities. This study should 

investigate the avenues for recourse if the veteran is not awarded the preference. 

9. Grant the Department of Defense Computer/Electronic Accommodations 

Program (CAP) the authority to include accommodations such as job 

structuring, telecommuting, and job-sharing. While electronic 

accommodations make federal employment accessible for employees with 

disabilities, an entire package of accommodations should be available to 

employees whose agencies have CAP partnerships. CAP has done an excellent 

job of providing assistive technology to federal employees and would be a logical 

place to have the expertise needed to provide support to supervisors who may 

not be familiar with job structuring, telecommuting, and job-sharing 

arrangements. 

Recommendation for Job Seekers 

10. Investigate employment opportunities in agencies with critical hiring needs 

and agencies that have shown a commitment to hiring people with 
60 

disabilities. For example, almost 80 percent of projected new hires will be in five 

professional fields: security, protection, compliance and enforcement; medical 

and public health; accounting, budget, and business; engineering and sciences; 

and program management/analysis and administration. Among agencies with 

500 or more employees, those with the highest percentage of people with 

targeted disabilities in FY 2007 were Equal Employment Opportunity 

Commission (2.65 percent of a workforce of 2,192); Social Security 

Administration (2.06 percent of a workforce of 62,407); Defense Finance and 

Accounting Service (2.03 percent of a workforce of 12,449); Defense Logistics 

Agency (1.89 percent of a workforce of 21,394); and Department of the Treasury 

(1.70 percent of a workforce of 102,787). 
 

61 

Endnotes 

1

 Targeted disabilities are disabilities that the Federal Government, as a matter of 

policy, has identified for special emphasis. The targeted disabilities are deafness, 

blindness, missing extremities, partial paralysis, complete paralysis, convulsive 

disorders, mental retardation, mental illness, and distortion of limb and/or spine. U.S. 

Equal Employment Opportunity Commission (2008), Annual Report on the Federal 

Workforce, FY 2007. 

2

 U.S. Equal Employment Opportunity Commission (EEOC), (2008, August), Annual 

Report on the Federal Workforce, FY 2007, Table A-6. Hwww.eeoc.gov/federal/fsp2007H. 

Accessed Feb. 5, 2009. 

3

 Ibid., Table 7. 

4

 Ibid., Table 8. 

5

 EEOC, (2008, January), Improving the Participation Rate of People with Targeted 

Disabilities in the Federal Workforce, p. 19. Hhttp://eeoc.gov/federal/report/pwtd.htmlH. 

Accessed Feb. 5, 2009. 

6

 EEOC. (2008, August), p. II-4. 

7

 Ibid., Table A-6a. 

8

 U.S. Government Accountability Office (GAO), (2008, November 26), Diversity in the 

Federal SES and Processes for Selecting New Executives, GAO-09-110. 

Hwww.gao.gov/new.items/d09110.pdfH. Accessed Feb. 5, 2009. 

9

 EEOC, (2008, January), Table 5. 

10 EEOC, (2008, January). 

11 Ibid. 

12 U.S. Office of Personnel Management (OPM), (2008, March), An Analysis of Federal 

Employee Retirement Data: Predicting Future Retirements and Examining Factors 

Relevant to Retiring from the Federal Service. 

Hwww.opm.gov/feddata/RetirementPaperFinal_v4.pdfH. Accessed Feb. 5, 2009. 

13 OPM, (2008, May), Senior Executive Service Survey Results. 

Hwww.opm.gov/ses/SES_survey_results_complete.pdfH. Accessed Feb. 5, 2009. 

14 Partnership for Public Service, (2007, July), Where the Jobs Are: Mission-Critical 

Opportunities for America, 2nd Ed. Washington, DC. 

Hwww.ourpublicservice.org/OPS/publications/viewcontentdetails.php?id=118H. Accessed 

Feb. 5, 2009. 

15 5 U.S.C. §720; 5 C.F.R. Part 720, Subpart B. 

16 EEOC, (2005, October 31), Best Practices for the Employment of People with 

Disabilities in State Government: Final Report. 
 

62 

Hwww.eeoc.gov/initiatives/nfi/final_states_best_practices_report.pdfH. Accessed Feb. 5, 

2009. 

17 EEOC, (2008, January), Table 5. 

18 29 U.S.C. §791. 

19 29 U.S.C. §791(b). 

20 29 C.F.R. §1614.203(a). 

21 EEOC, (2003, October 1), Management Directive 715. 

Hwww.eeoc.gov/federal/eeomd715.htmlH. Accessed Feb. 5, 2009. 

22 EEOC, (2000, October 20), EEOC Policy Guidance on Executive Order 13164: 

Establishing Procedures to Facilitate the Provision of Reasonable Accommodation. 

www.eeoc.gov/policy/docs/a H ccommodation_procedures.htmlH. Accessed Feb. 5, 2009. 

23 EEOC, (2002, October 17), EEOC Enforcement Guidance on Reasonable 

Accommodation and Undue Hardship Under the Americans with Disabilities Act. 

Hwww.eeoc.gov/policy/docs/accommodation.htmlH. Accessed Feb. 5, 2009. 

24 EEOC, (2000, October 20). 

25 Barack Obama and Joe Biden’s Plan to Empower Americans with Disabilities. 

www.barackobama.com/pdf/Dis H abilityPlanFactSheet.pdf. Accessed Feb. 5, 2009. H

26 New Freedom Initiative, (2001, February). Hhttp://georgewbushwhitehouse.archives.gov/news/freedominitiative/freedominitiative.pdf. Accessed Feb. 5, H

2009. 

27 EEOC, (2008), Applying MD-715 To Improve Participation of Employees With 

Targeted Disabilities. Hwww.eeoc.gov/federal/md715_pwtd.htmlH. Accessed Feb. 5, 2009. 

28 http://apps.opm.gov/sppc_directory H H. Accessed Feb. 5, 2009. 

29 American Association of People with Disabilities, Fact Sheet on 2007 Disability 

Mentoring Day. Hwww.dmd-aapd.org/docs/factsheet.phpH. Accessed Feb. 5, 2009. 

30 EEOC, (2003, October 1), Management Directive 715. 

www.eeoc.gov/federal/eeomd715.html H H. Accessed Feb. 5, 2009. 

31 29 C.F.R. §1614.601(f). 

32 EEOC, (2008, August).Table A-6. 

33 Ibid., Table 7. 

34 Ibid., Table 8. 

35 EEOC, (2008, January), Tables 5 and 6. 

36 Ibid., Table 7. 

37 OPM, (2008, November), Report to the Congress: Employment of Veterans in 

Federal Government, FY 2007. Hwww.opm.gov/veterans/dvaap/2007/DVAAPFY2007.pdf. Accessed Feb. 5, 2009. H 
 
 

 

63 

38 U.S. Department of Defense, Office of the Assistant Secretary for Health Affairs, 

TRICARE Management Activity, (2008), Computer/Electronic Accommodations 

Program Annual Stakeholders Report: FY 2007.
 

Hwww.tricare.mil/CAP/documents/CAP_FY07_AR.pdfH. Accessed Feb. 5, 2009. 

39 EEOC, (2008, August), p. II-4. 

40 Ibid., Table A-6a. 

41 GAO, (2008, November 26). 

42 The CFO Act agencies are 24 major executive agencies that are subject to the Chief 

Financial Officer Act. In 2007, the CFO Act agencies employed 98 percent of federal 

employees.
 

43 5 C.F.R. §213.3102(u). 

44 EEOC, (2008, January), Table 5. 

45 5 C.F.R. §213.3102(u)(6)(ii). 

46 EEOC, (2008, January), Table 5. 

47 5 C.F.R. § 213.3202(a). 

48 5 C.F.R. § 213.3202(b). 

49 5 C.F.R. 213.3202(o). 

50 U.S. Merit System Protection Board (MSPB), (2005, September), Building a HighQuality Workforce: The Federal Career Intern Program. 

Hwww.mspb.gov/netsearch/viewdocs.aspx?docnumber=224108&version=224327&applic 

ation=ACROBATH. Accessed Feb. 5, 2009. 

51 MSPB, (2008, June), Federal Appointment Authorities: Cutting Through the 

Confusion. 

www.mspb.gov/netsearch/viewdocs.as H px?docnumber=350930&version=351511&applic
 

ation=ACROBAT. Accessed Feb. 5, 2009. H

52 5 U.S.C. §3112; 5 C.F.R. §316.302; 5 C.F.R. §316.402; 5 C.F.R. §315.707. 

53 38 U.S.C. §4214; 5 C.F.R. part 307. 

54 EEOC, (2008, August), p. I-9. 

55 MSPB, (2008, July), “Taking aim at federal hiring,” Issues of Merit, pp. 2–3 

Hwww.mspb.gov/netsearch/viewdocs.aspx?docnumber=350754&version=351331&applic 

ation=ACROBATH. Accessed Feb. 5, 2009. 

56 Hwww.opm.gov/Strategic_Management_of_Human_Capital/fhfrc/default.aspH. 

Accessed Feb. 4, 2009. 

57 EEOC, (2008, September 30), Questions and Answers: Promoting Employment of 

Individuals with Disabilities in the Federal Workforce. Hhttp://eeoc.gov/federal/qandaemployment-with-disabilities.htm.lH. Accessed Feb. 5, 2009. 
 

64 

58 EEOC, (2008, February), The ABCs of Schedule A for the Hiring Manager. 

Hwww.earnworks.com/docs/SchA_ABCs_HiringManager.docH. Accessed Feb. 5, 2009. 

59 EEOC, (2008, February), The ABCs of Schedule A for the Human Resources 

Professional. Hwww.earnworks.com/docs/SchA_ABCs_HRProf.docH. Accessed Feb. 5, 

2009. 

60 EEOC, (2008, February), The ABCs of Schedule A for the Disability Program 

Manager and/or Selective Placement Coordinator. 

Hwww.earnworks.com/docs/SchA_ABCs_SPC-DPM.docH. Accessed Feb. 5, 2009. 

61 U.S. Department of Homeland Security (DHS), (2008, March 12), “An untold story,” 

Leadership Journal. Hwww.dhs.gov/journal/leadership/2008/03/untold-story.htmlH. 

Accessed Feb. 5, 2009. 

62 Hwww.opm.gov/veterans/html/vetsinfo.aspH. Accessed Feb. 5, 2009. 

63 Hwww.opm.gov/veterans/html/vetguide.aspH. Accessed Feb. 5, 2009. 

64 Bruyère, S., Erickson, W., & Horne, R., (2002), Survey of the Federal Government on 

Supervisor Practices in Employment of People with Disabilities (Ithaca, NY: Cornell 

University). 

Hhttp://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1064&context=edicollectH. 

Accessed Feb. 5, 2009. 

65 EEOC, (2008, January). 

66 OPM, (2008, March), An Analysis of Federal Employee Retirement Data: Predicting 

Future Retirements and Examining Factors Relevant to Retiring from the Federal 

Service. Hwww.opm.gov/feddata/RetirementPaperFinal_v4.pdfH. Accessed Feb. 5, 2009. 

67 Partnership for Public Service, (2007, July), Where the Jobs Are: Mission-Critical 

Opportunities for America, 2nd Ed. (Washington, DC: Author). 

Hwww.ourpublicservice.org/OPS/publications/viewcontentdetails.php?id=118H. Accessed 

Feb. 5, 2009. 

68 OPM, (2008, May), Senior Executive Service Survey Results. 

Hwww.opm.gov/ses/SES_survey_results_complete.pdfH. Accessed Feb. 5, 2009. 

69 Senator Daniel Akaka, (2008, November 26), Press Release: Gains in Senior 

Executive Service Diversity Inconsistent from Agency to Agency, New GAO Report 

Shows. 

Hhttp://akaka.senate.gov/public/index.cfm?FuseAction=PressReleases.Home&month=11 

&year=2008&release_id=2494H. Accessed Feb. 5, 2009. 

70 H. Rep. No. 672, 110th Cong., 2nd Sess. Hhttp://frwebgate.access.gpo.gov/cgibin/getdoc.cgi?dbname=110_cong_reports&docid=f:hr672.pdfH. Accessed Feb. 5, 2009. 

71 Bruyère et al., (2002). 

72 OPM, (2000, March 7), Memorandum on Reasonable Accommodation Language in 

Vacancy Announcements. 
 

65 

Hwww.chcoc.gov/Transmittals/TransmittalDetails.aspx?TransmittalID=401H. Accessed 

Feb. 5, 2009. 

73 DHS, (2008, March 12). 

74 EEOC, (2008, January). 

75 Bruyère et al., (2002). 

76 EEOC, (2008, June 4), LEAD Program Tips. Hwww.eeoc.gov/initiatives/lead/tips.htmlH. 

Accessed Feb. 5, 2009. 

77 https://wrp.gov/AboutPre.do H . Accessed Feb. 5, 2009. H

78 5 U.S.C. §7201 and 5 C.F.R. Part 720, Subpart B. 

79 Hhttp://earnworks.comH. Accessed Feb. 5, 2009. 

80 www.abilityone.org/about_us.html H . Accessed Feb. 5, 2009. H

81 38 U.S.C. §4214; 5 C.F.R. §720, Subpart C. 

82 Partnership for Public Service, (2007, July). 

83 U.S. House of Representatives, Committee on Homeland Security and Governmental 

Affairs, (2008, November 12), Policy and Supporting Positions. 

Hwww.gpoaccess.gov/plumbookH. Accessed Feb. 5, 2009. 

84 www.makingthedifference.org, H Accessed Feb. 5, 2009. H

85 OPM, (2008), End-to-End Hiring Roadmap. Hwww.opm.gov/publications/EndToEndHiringInitiative.pdfH. Accessed Feb. 5, 2009. 

86 EEOC, (2005, October 31), Best Practices for the Employment of People with 

Disabilities in State Government: Final Report. 

Hwww.eeoc.gov/initiatives/nfi/final_states_best_practices_report.pdfH. Accessed Feb. 5, 

2009. 

87 Commonwealth of Virginia, Office of the Governor, (2007, October 23), Executive 

Directive 8. Hwww.dhrm.virginia.gov/recruitment/GovernorsExecutiveDirective8.pdfH. 

Accessed Feb. 5, 2009. 

88 Commonwealth of Virginia, Office of the Governor, (2007, February 5), News 

Release: Governor Kaine Announces Grant to Promote Hiring of Individuals with 

Disabilities. 

Hwww.governor.virginia.gov/MediaRelations/NewsReleases/viewRelease.cfm?id=334H. 

Accessed Feb. 5, 2009. 

89 Hwww.worksupport.com/projects/project.cfm/26H. Accessed Feb. 5, 2009. 

90 State of Maine, Office of the Governor, (2006, February 24), An Order Regarding 

Maine State Government as a Model Employer of People with Disabilities, Number 13, 

FY 06/07. Hhttp://choices.muskie.usm.maine.edu/new/exec-order.htmlH. Accessed Feb. 5, 

2009. 
 

66 

91 Maine CHOICES CEO Project, (2007, June), Final Report of Maine State Employee 

Survey on Disability (Portland, ME: University of Southern Maine, Muskie School of 

Public Service). Hhttp://choices.muskie.usm.maine.edu/resource-library/stateemployment.htmlH. Accessed Feb. 5, 2009. 

92 P.L. 570, 122nd Maine Legislature, An Act To Create Employment Opportunities for 

People with Disabilities. Hhttp://janus.state.me.us/legis/ros/lom/LOM122nd/15Pub551­

600/Pub551-600-19.htm#P845_166595H. Accessed Feb. 5, 2009. 

93 Hhttp://choices.muskie.usm.maine.edu/brochure/index.htmlH. Accessed Feb. 5, 2009. 

94 5 U.S.C. §720; 5 C.F.R. Part 720, Subpart B. 

95 EEOC, (2005, October 31). 

96 EEOC, (2008, January), Table 5.