Memorandum

Subject: ACTION: Management Directive 715

Report for Fiscal Year 2022 

Date: 

From: Irene Rico In Reply Refer To: 

Associate Administrator HCR-10 

 for Civil Rights

To: Shailen P. Bhatt 

Administrator

Attached is the Federal Highway Administrations submission of the Management 

Directive 715 Report for Fiscal Year (FY) 2022. 

A briefing was held on Wednesday, May 24th on this subject. The report includes the 

Agency’s self-assessment on demonstrating efforts to be a model Equal Employment 

Opportunity (EEO) Program. It also highlights workforce analysis performed to support 

current and planned Agency activities in recruitment, outreach, training, performance 

management, and strategic focus. Please sign the signatory page. 

If you have any questions regarding the report, please contact Tanya Emam, Operations 

Team Leader, at (202)366-3493 or Lucy Marius, EEO Management & Program Analyst 

(202)366-3384. 

Attachment 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 1 of 104 

U.S. Department of Transportation

Federal Highway Administration

Fiscal Year 2022 

MANAGEMENT

DIRECTIVE 715

ANNUAL EEO PROGRAM 

STATUS REPORT
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 2 of 104 

Table of Contents

Parts A – E. Identification, General Employment Totals, and Executive Summary ..................... 3

Part F. Certification of Establishment of Continuing EEO Programs ......................................... 36

Part G. Agency Self-Assessment Checklist Measuring Essential Elements................................ 37

Part H. EEO Plan to Attain the Essential Elements of a Model EEO Program........................... 67

Part I. EEO Plan to Eliminate Identified Barriers........................................................................ 71

Part J. Special Program Plan for the Recruitment, Hiring, Advancement, and Retention of 

Persons with Disabilities............................................................................................................... 78
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 3 of 104 

Parts A Through E

Part A - Department or Agency Identifying Information

Agency Second Level 

Component Address City State Zip Code

Agency 

Code

FIPS

Code

U.S. 

Department of 

Transportation 

Federal 

Highway 

Administration

1200 New 

Jersey 

Avenue, 

SE

Washington DC 20590 TD04 1100100001 

Part B - Total Employment

Total Employment Permanent 

Workforce

Temporary

Workforce Total Workforce

Number of Employees 2723 8 2731 

Part C.1 - Head of Agency and Head of Agency Designee

Agency Leadership Name Title

Head of Agency Shailen P. Bhatt Administrator

Head of Agency Designee Gloria M. Shepherd Executive Director

Part C.2 - Agency Official(s) Responsible for Oversight of EEO Program(s)

EEO Program 

Staff Name Title Occupational Series

Pay 

Plan 

and 

Grade

Phone 

Number 

Email Address

Principal EEO 

Director/Official Irene Rico

Associate 

Administrator 

for Civil 

Rights 

0340 SES 202-366-

0693 

Irene.Rico@dot.

gov

Affirmative 

Employment 

Program 

Manager

Nikisha M. 

Bennett 

Internal EEO 

and Special 

Emphasis 

Program 

Manager

0360 GS-14 202-366-

3894 

Nikisha.Bennett

@dot.gov

Complaint 

Processing

Program 

Manager

Nikisha M. 

Bennett

Internal EEO 

and Special 

Emphasis 

Program 

Manager

0360 GS-14 202-366-

3894 

Nikisha.Bennett

@dot.gov
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 4 of 104 

EEO Program 

Staff Name Title Occupational Series

Pay 

Plan 

and 

Grade

Phone 

Number 

Email Address

Diversity & 

Inclusion 

Officer

Shakira 

CrandolMcMillan

Chief DEI 

Officer 0340 GS-15 202-366-6731 

Shakira.Crandol

@dot.gov

Hispanic 

Program

Manager 

(SEPM)

Nikisha M. 

Bennett

Internal EEO 

and Special 

Emphasis 

Program 

Manager

0360 GS-14 202-366-

3894 

Nikisha.Bennett

@dot.gov

Women's 

Program 

Manager 

(SEPM)

Nikisha M. 

Bennett

Internal EEO 

and Special 

Emphasis 

Program 

Manager

0360 GS-14 202-366-

3894 

Nikisha.Bennett

@dot.gov

Disability

Program 

Manager 

(SEPM)

Kirsten 

Poston 

Disability 

Policy 

Manager

0301 GS-13 202-559-

5116 

Kirsten.Poston

@dot.gov

Special 

Placement 

Program

Coordinator 

(Individuals 

with 

Disabilities)

Joy Liang Program 

Analyst 0343 GS-13 202-366-05370537 

Joy.Liang@dot.

gov 

Reasonable 

Accommodation 

Program

Manager

Kirsten 

Poston 

Disability 

Policy 

Manager

0301 GS-13 202-559-

5116 

Kirsten.Poston

@dot.gov

AntiHarassment 

Program

Manager

Anita Heard

AntiHarassment & 

Equity 

Coordinator 

0301 GS-14 202-366-

1607 

Anita.Heard@d

ot.gov

ADR Program 

Manager

Nikisha M. 

Bennett

Internal EEO 

and Special 

Emphasis 

Program 

Manager

0360 GS-14 202-366-

3894 

Nikisha.Bennett

@dot.gov
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 5 of 104 

EEO Program 

Staff Name Title Occupational Series

Pay 

Plan 

and 

Grade

Phone 

Number 

Email Address

Compliance 

Manager

Nikisha M. 

Bennett

Internal EEO 

and Special 

Emphasis 

Program 

Manager

0360 GS-14 202-366-

3894 

Nikisha.Bennett

@dot.gov

Principal MD715 Preparer Lucy Marius 

EEO 

Programs and 

Management 

Analyst 

0343 GS-13 202-366-

3894 

Lucy.Marius@d

ot.gov

Other EEO Staff Tanya 

Emam

Operations 

Team Leader, 

Office of Civil 

Rights 

0301 GS-15 202-366-

3493 

Tanya.Emam@

dot.gov

Part D.1 – List of Subordinate Components Covered in this Report

Please identify the subordinate components within the agency (e.g., bureaus, regions, etc.). 

 If the agency does not have any subordinate components, please check the box. 

Subordinate Component

Division Office – The Federal Highway 

Administration (FHWA) has a Division 

Office in each of the 50 States, the 

District of Columbia, and Puerto Rico.

City State Agency 

Code

FIPS 

Codes

Alabama Division Office Montgomery AL TD04 12130101 

Alaska Division Office Juneau AK TD04 21130110 

Arizona Division Office Phoenix AZ TD04 40370013 

Arkansas Division Office Little Rock AR TD04 52320119 

California Division Office Sacramento CA TD04 63150067 

Colorado Division Office Lakewood CO TD04 81435059 

Connecticut Division Office Hartford CT TD04 90255003 

Delaware Division Office Dover DE TD04 100130001 

District of Columbia Division Office Washington DC TD04 110010001 

Florida Division Office Tallahassee FL TD04 122940073 

Georgia Division Office Atlanta GA TD04 130280089 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 6 of 104 

Subordinate Component

Division Office – The Federal Highway 

Administration (FHWA) has a Division 

Office in each of the 50 States, the 

District of Columbia, and Puerto Rico.

City State Agency 

Code

FIPS 

Codes

Hawaii Division Office Honolulu HI TD04 152400003 

Idaho Division Office Boise ID TD04 160160001 

Illinois Division Office Springfield IL TD04 178220167 

Indiana Division Office Indianapolis IN TD04 182210097 

Iowa Division Office Ames IA TD04 190230169 

Kansas Division Office Topeka KS TD04 205400177 

Kentucky Division Office Frankfort KY TD04 211220073 

Louisiana Division Office Baton Rouge LA TD04 220150033 

Maine Division Office Augusta ME TD04 230160011 

Maryland Division Office Baltimore MD TD04 240050510 

Massachusetts Division Office Cambridge MA TD04 250170017 

Michigan Division Office Lansing MI TD04 262700037 

Minnesota Division Office St. Paul MN TD04 276330123 

Mississippi Division Office Jackson MS TD04 281220049 

Missouri Division Office Jefferson City MO TD04 294040027 

Montana Division Office Helena MT TD04 300590049 

Nebraska Division Office Lincoln NE TD04 312830109 

Nevada Division Office Carson City NV TD04 320050510 

New Hampshire Division Office Concord NH TD04 330070013 

New Jersey Division Office West Trenton NJ TD04 343380021 

New Mexico Division Office Santa Fe NM TD04 350710049 

New York Division Office Albany NY TD04 360050001 

North Carolina Division Office Raleigh NC TD04 373750183 

North Dakota Division Office Bismarck ND TD04 380370015 

Ohio Division Office Columbus OH TD04 391800049 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 7 of 104 

Subordinate Component

Division Office – The Federal Highway 

Administration (FHWA) has a Division 

Office in each of the 50 States, the 

District of Columbia, and Puerto Rico.

City State Agency 

Code

FIPS 

Codes

Oklahoma Division Office Oklahoma City OK TD04 403550017 

Oregon Division Office Salem OR TD04 411810047 

Pennsylvania Division Office Harrisburg PA TD04 423500043 

Puerto Rico Division Office San Juan PR TD04 72-127 

Rhode Island Division Office Providence RI TD04 440190007 

South Carolina Division Office Columbia SC TD04 450520063 

South Dakota Division Office Pierre SD TD04 462160065 

Tennessee Division Office Nashville TN TD04 471760037 

Texas Division Office Austin TX TD04 480330453 

Utah Division Office Salt Lake City UT TD04 491700035 

Vermont Division Office Montpelier VT TD04 500380023 

Virginia Division Office Richmond VA TD04 512060760 

Washington Division Office Olympia WA TD04 531590067 

West Virginia Division Office Charleston WV TD04 540480039 

Wisconsin Division Office Madison WI TD04 552780025 

Wyoming Division Office Cheyenne WY TD04 560100021 

Federal Lands Highway Division Offices TD04 110010001 

Part D.2 – Mandatory and Optional Documents for this Report

In the table below, the agency must submit these documents with its MD-715 report.

Did the agency submit the

following mandatory documents?

Please respond

Yes or No Comments

Organizational Chart Yes

EEO Policy Statement Yes

Strategic Plan Yes

Anti-Harassment Policy and

Procedures Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 8 of 104 

Did the agency submit the

following mandatory documents?

Please respond

Yes or No Comments

Reasonable Accommodation 

Procedures Yes

The Departmental Office of Civil 

Rights submits this document on 

behalf of DOT. The FHWA began 

developing their Reasonable 

Accommodation Procedures during 

Fiscal Year (FY) 2022. 

Personal Assistance Services

Procedures Yes

The Departmental Office of Civil 

Rights submits this document on 

behalf of DOT.

Alternative Dispute Resolution

Procedures Yes

The Departmental Office of Civil 

Rights submits this document on 

behalf of DOT.

In the table below, the agency may decide whether to submit these documents with its MD-715 

report. 

Did the agency submit the following

optional documents?

Please respond

Yes or No Comments

Federal Equal Opportunity Recruitment

Program (FEORP) Report Yes

Disabled Veterans Affirmative Action

Program (DVAAP) Report Yes

Operational Plan for Increasing

Employment of Individuals with 

Disabilities under Executive Order 13548 

Yes The Departmental Office of Civil 

Rights will provide this plan.

Diversity and Inclusion Plan under 

Executive Order 13583 Yes

Diversity Policy Statement Yes

Human Capital Strategic Plan Yes

The Departmental Office of 

Human Resource Management 

will provide this plan. 

EEO Strategic Plan No

The Office of Civil Rights plans 

to develop their EEO Plan for (FY 

23-27) which includes EEO. 

Results from most recent Federal

Employee Viewpoint Survey or Annual 

Employee Survey 

Yes

The FHWA conducts an AllEmployee Survey every 2 years in 

addition to Office of Personnel 

Management’s (OPM) FEVS. 

Part E – Executive Summary

All agencies must complete Part E.1; however, only agencies with 199 or fewer employees 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 9 of 104 

in permanent FT/PT appointments are required to complete Part E.2 to E.5. Agencies with 

200 or more employees in permanent FT/PT appointments have the option to Part E.2 to 

E.5. 

Part E.1 - Executive Summary: Mission 

The FHWA submission of the annual Equal Employment Opportunity (EEO) Program Status 

Report for FY 22 Management Directive (MD) 715 Report and plan were prepared in accordance 

with the U.S. Equal Employment Opportunity Commission laws and authority governed under 

Section 717 of the Civil Rights Act of 1964, as amended; and Section 501 of the Rehabilitation 

Act of 1973, as amended. This report highlights FHWA’s accomplishments in establishing and 

maintaining a model EEO Program for FY 22.

The FHWA is an Operating Administration within DOT that supports State and local 

governments in the design, construction, and maintenance of the Nation’s highway system 

(Federal-aid highway program) and various Federal and Tribal owned lands (Federal Lands 

Highway Program). Through financial and technical assistance to State departments of 

transportation, local governments, Federal Agencies, and Tribal governments, FHWA is 

responsible for ensuring that America’s roads and highways continue to be among the safest, 

most technologically sound, and equitable in the world. 

The top-level official of FHWA is the Administrator, who reports directly to the Secretary of 

DOT. The FHWA organizational structure includes a Washington DC., Headquarters with 14 

program offices, 3 Federal Lands Highway Division Offices, and 52 Federal-aid Division Offices 

(one in every State, the District of Columbia, and Puerto Rico). The Associate Administrator for 

the Office of Civil Rights reports to the career executive director. 

The FHWA’s mission is to “to deliver world-class highway and street programs that advance 

safe, efficient, equitable, and sustainable mobility choices for all while strengthening the 

Nation’s economy.” The FHWA developed its Strategic Plan which outlines the goals and 

objectives of FHWA from FY 22-26, superseding the current FHWA Strategic Plan. This Plan 

was developed to align FHWA efforts with the FY 22-26 DOT Strategic Plan and reflects the 

priorities of Agency leadership. The FHWA’s Strategic Plan adopts DOT’s goals and objectives 

and aligns its strategies and related program initiatives and performance measures with DOT’s

Plan. The FHWA’s FY 22-26 Strategic Plan details how FHWA will advance this mission while 

addressing the opportunities and challenges that it faces over the next 4 years as it implements 

the Bipartisan Infrastructure Law (BIL), also known as the Infrastructure Investment and Jobs 

Act. The FHWA’s priorities, as it implements this legislation, are those that are expressed in the 

legislation itself and in the DOT Strategic Plan: Safety, economic strength and global 

competitiveness, equity, climate and sustainability, transformation, and organizational 

excellence. 

Part E.2 - Executive Summary: Essential Element A – F 

Element A- Demonstrated Commitment from Agency Leadership

The FHWA’s leadership continues to commit to the principles of EEO and maintaining a 

successful EEO Program. This commitment continues to be demonstrated throughout the 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 10 of 104 

Agency’s hierarchy from senior executives, managers, and supervisors to all employees. Efforts 

to demonstrate this commitment include: 

• Status of the Agency’s MD-715 is provided to senior leadership on an annual and 

ongoing basis. 

• Senior leaders support, encourage, and participate in monthly observances and events 

• Senior leadership participates in annual equal opportunity training, such as AntiHarassment training. 

The annual Administrator’s Awards Program has an award category, “Diversity and Inclusion 

Award” dedicated to giving recognition to individuals and/or teams for their significant 

contributions to EEO, Civil Rights, and Diversity and Inclusion while advancing the 

Administrator’s commitment to maintaining a high performing organization. 

On October 24, 2022, Gloria M. Shepherd was confirmed as the Executive Director of FHWA. 

As Executive Director, Ms. Shepherd manages the Agency’s daily operations and its personnel, 

and advises the Administrator, Deputy Administrator, and senior officials throughout DOT. 

Andrew Rogers was named Deputy Administrator of FHWA on February 27, 2023. Mr. Rogers 

works alongside the FHWA Administrator and the FHWA Executive Director to establish 

Agency program policies, objectives, and priorities, and provide direction to FHWA 

Headquarters and field organizations in implementing the vision and strategic goals for DOT and 

FHWA. 

Nominated by President Biden on July 21, 2022, Shailen P. Bhatt was confirmed as 

Administrator of FHWA on December 8, 2022. In this role, Mr. Bhatt is leading FHWA in 

administering more than $350 billion as part of President Biden’s BIL, including formula and 

competitive grant programs that are available to a range of grant recipients, including State 

departments of transportation, metropolitan planning organizations, local governments, Tribes, 

territories, and Federal land management agencies. 

Senior Leadership demonstrates their commitment to advancing a model EEO Program through 

their participation in FHWA’s Diversity Management Committee Women’s Forum series, 

engaging with Employee Resource Groups, participating in the Agency’s EEO Virtual 

Awareness Symposium, setting expectations for the Anti-Harassment Program, supporting 

Special Emphasis programs, supporting equity based initiatives through DOT, and establishing 

the Chief Diversity, Equity, Inclusion Officer position within the Agency. 

All Employee Survey Updates

Since the early 1990’s, FHWA has been conducting the “FHWA All Employee Survey (AES).” 

The FHWA AES originally was conducted on an annual basis. When the OPM began 

conducting the FEVS on an annual basis, FHWA AES frequency was reduced to every other 

year. 

 

The FHWA had 2,153 employees out of 2,647 who shared their thoughts and provided feedback 

through the 2021 AES, which was conducted in January 2022 to avoid competing with the FEVS 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 11 of 104 

in late 2021, resulting in a response rate of 81.3 percent. The number of respondents and 

participation rates from primary groups in the Agency are shown below. 

FHWA Headquarters 648/856 75%

Office of Transportation Workforce Development and 

Technology 

123/145 84% 

Federal-aid Division Offices 896/963 93% 

Federal Lands Highway 486/683 71% 

Based on the results of the survey, the Human Resources Management Committee (HRMC) 

created an action plan to address lower scoring items. The action plan includes objectives and 

accountability measures that address the needs across the Agency in different offices. Each 

objective has a champion. The HRMC compiles and shares Agencywide a status of the actions. 

The HRMC can also conduct listening sessions to obtain additional input on specific topics at the 

request of Agency leadership. 

Element B- Integration of EEO in the Agency’s Strategic Mission 

The Agency has determined enterprise activities each year and equity serves as a critical 

enterprise activity for the Agency. Each unit within the Agency is tasked to develop and 

implement activities that are centered around incorporating equal opportunity into workforce, 

program delivery, and project management efforts. The FHWA developed a new Strategic Plan 

in FY 22, and the new strategic plan incorporates diversity, equity, inclusion, and accessibility in 

the strategic objectives. The Agency published its FY 22-26 FHWA Strategic Plan in FY 22. 

To improve the efficiency and effectiveness of the organization, FHWA/DOT continues to 

recruit, hire, and make efforts to retain employees from all segments of American society and 

provide training and professional development opportunities to ensure that DOT and FHWA can 

successfully fulfill their missions. 

The Agency conducted a wide variety of programs and activities as outlined in the Unit 

Performance Plans during the reporting period that reflect leadership commitment: 

• The Associate Administrator for the Office of Civil Rights has the authority and 

resources to effectively deliver a successful EEO Program and leads the day-to-day 

FHWA Civil Rights operations and reports to the Agency’s Executive Director. The 

FHWA Office of Civil Rights provides technical guidance in the implementation of EEO 

programs, including informal EEO counseling and affirmative EEO programs, for FHWA 

at the national level. 

• In our effort to gather disability data, FHWA continued its efforts to encourage 

employees to complete the Workforce Standard Form (SF-256), resulting in an increased 

number of employees providing information about their disability status. All disability 

codes have been updated in the HR information system, and with increased selfidentification, FHWA’s workforce numbers have seen an increase in persons with 

disabilities (PWD) and persons with targeted disabilities (PWTD). 

• FHWA continues to communicate its Anti-Harassment Policy by including an overview, 

contacts, roles, responsibilities, and process for anti-harassment through our Office of 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 12 of 104 

Civil Rights site (Anti-Harassment Process – 

https://www.fhwa.dot.gov/civilrights/programs/anti-harassment/). The site is open to the 

public. 

• FHWA Office of Civil Rights developed a Roadmap in FY 21 and created the FY 22-26 

Roadmap, a strategic and budgetary plan, to reflect upon the activities to support 

diversity, equity, inclusion, and accessibility initiatives. Throughout FY 22 this plan was 

periodically adjusted to reflect changing priorities and workforce needs. 

• FHWA promoted programs that engage employee participation in committees that 

support efforts to improve FHWA as an organization. 

• Employees are encouraged in their technical field/discipline to enhance knowledge 

management throughout the Agency and support closing competency gaps through 

discipline learning and development. 

• FHWA continues to promote a culture that recognizes employee contributions using 

informal and formal recognition programs at the local and national level. 

• Diverse pipeline recruitment initiatives included the Professional Development Program 

(PDP), Summer Transportation Internship Program for Diverse Groups (STIPDG), 

Pathways Internship Program, Dwight D. Eisenhower Transportation Fellowship

Program, Future Leaders in Public Service internship program, Rotational Developmental 

Assignment Clearinghouse, and expanded Career Development Programs. 

Element C- Management and Program Accountability 

The FHWA’s employees received updated training on EEO, Prevention of Harassment, and 

Reasonable Accommodations through FHWA Office of Civil Rights. The FHWA’s Office of 

Civil Rights Website includes details related to Reasonable Accommodation, Anti-Harassment, 

EEO, and Prevention of Harassment. It provides an overview of each section, laws, points of 

contact, and other resources. https://www.fhwa.dot.gov/civilrights/. 

The Human Resources Employee Relations staff and staff of the Office of Chief Counsel 

continued to work closely with the FHWA Civil Rights Disability Program Manager, to support 

the reasonable accommodations program throughout our workforce, and the Anti-Harassment 

Coordinator, to respond to complaints of harassment. 

Reasonable Accommodations and Disability Program 

The FHWA’s Disability Program Manager continued to work collaboratively with the 

Departmental Disability Resource Center to provide technical assistance to managers and 

supervisors and to work to timely process and track reasonable accommodation requests. 

Several virtual technical assistance sessions were held with FHWA managers and employees 

during FY 22 to ensure managers were familiar with reasonable accommodation policies and 

procedures. 

In recognition of DOT’s FY 22 National Disability Employment Awareness Month (NDEAM),

FHWA invited a keynote speaker to present on their experience integrating in the workforce. 

The FHWA also sponsored a number of Webinars on Assistive Technology and Section 508. 

More than 60 Managers/Supervisors participated in the Webinars. 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 13 of 104 

Religious Accommodations 

The Office of Civil Rights worked with the Departmental Office of Civil Rights to develop 

policy documents and training on religious accommodations. This effort continued in FY 22. 

Accessibility and 508 Compliance 

The Section 508 program held 85 instructor-led training sessions in FY 22 to train employees on 

their responsibilities under Section 508. The Section 508 learning portal was launched where 

employees can take Section 508 training on demand. 

The program launched a Section 508 awareness campaign by distributing a poster on to all staff 

and placing physical versions around the Headquarters building. The poster series will continue 

into 2023. Another part of this campaign was held in October sending out a series of “How 

accessible are you” challenges. 

The Section 508 Program launched a Section 5 Take 5 series in January. The series focuses on 

one aspect of Section 508 each month. During the month, emails are distributed to all staff 

weekly discussing that aspect of Section 508. The emails that take about 5 minutes to read so 

people can become aware of the Section 508 requirement quickly. 

Special Emphasis Programs 

The FHWA Office of Civil Rights continues to utilize Special Emphasis Programs and engages 

with Employee Resource Groups to increase employee engagement and to demonstrate the 

Agency’s commitment as a model EEO workplace. The Agency has continued to host a series of 

Webinars that were intended to educate the workforce about the different Employee Resource 

Groups within the Agency. 

In FY 22, FHWA leadership championed, and FHWA Office of Civil Rights disseminated, 

positive messaging recognizing and honoring monthly observances and virtually hosted, with the 

support of Employee Resource Groups, the following DOT Special Emphasis Program Events: 

• African American History Month: In collaboration with the African American Leaders in 

Transportation, an event “Honoring the Past as We Move Towards the Future” was held 

on February 17, 2022, that included former DOT Secretary, FHWA Administrator, 

Rodney E. Slater, and a panel of former FHWA leaders. 

• Women’s History Month: In honor of 2022 Women’s History Month, a dynamic 

presentation on “Introduction and Status of Gender Inclusion within FHWA” was 

delivered by Thomas Everett, Executive Director on Women in addition, Stephanie 

Freese and Susan Philpott from the National Park Service delivered a historical 

presentation on the women’s suffrage movement. 

• Asian American, Native Hawaiian and Pacific Islander (AANHPI) Heritage Month: On 

May 24, 2022, in collaboration with the Asian Pacific American Employees Council, 

FTA and FRA, an AANHPI celebration was held that featured a tribute to honor the life 

and works of former Secretary Norman Y. Mineta, fireside chat with panelists within 

FHWA, the Office of the Secretary (OST), the Federal Transit Administration, and 

Federal Railroad on the “Advancing Leaders Through Collaboration” as well as a special 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 14 of 104 

Asian Heritage performance. 

• Lesbian, Gay, Bisexual, Transgender and Queer+ Pride Month: Pride month event was 

held on June 23, 2022. Meghan Walter with Pride in Federal Service (PFS) shared the 

history and background of PFS. Kelly Teale and Julie Burna, Park Rangers with the 

National Park Service will provide a historical presentation on the Stonewall National 

Monument and events that took place that catapulted the LGBTQ+ movement. 

• Hispanic Heritage Month: On September 27, 2022, the FHWA employee resource group 

named the Assist, Motivate, Integrate, Guide and Orient (AMIGO) Workgroup and the 

Office of Civil Rights hosted a Hispanic Heritage Month Celebration “Unidos: 

Inclusivity for a Stronger Nation.” The event highlighted the AMIGO workgroup, 

Agency Hispanic initiatives, a dynamic panel of past and present Agency leadership with 

Hispanic backgrounds, and celebrated Hispanic culture through trivia, sharing stories and 

recipes. 

• National American Indian Heritage Month: On November 16, 2022, and November 30, 

2022, FHWA’s Office of Tribal Transportation on the Tribal Transportation Program 

with the support from the Office of Civil Rights hosted “The FHWA Consultation Role in 

Government-to-Government Relationships” and “Noteworthy Tribal Projects Built in 

2022.” In these Webinars, FHWA shared its relationship with Tribes and showcased 

their unique and diverse Tribal cultures through the projects being implemented in their 

communities. 

• National American Indian Heritage Month: On November 23, 2021, an event titled 

“Together Towards Tomorrow” was arranged by FHWA’s Office of Tribal 

Transportation on the Tribal Transportation Program and the importance of this office 

when it comes to partnering with Tribal Nations. In addition, FHWA had a guest 

speaker, Maiya Rainer from California State Parks, share historical information on the 

Yurok people in North Coast, California, as well as share her lived experiences. 

Prevention of Harassment Program (Anti-Harassment) 

The FHWA hosted a virtual training on the Anti-Harassment Process for Western Federal Lands 

Construction, an Anti-Harassment Fact Finders Workshop, and three virtual site visits were held 

for offices looking to have tailored Anti-Harassment training for their office employees. 

Targeted Recruitment and Outreach Efforts 

In FY 22, FHWA has continued to build upon corporate recruitment efforts to address the low 

representation of women, Hispanic women, and individuals with disabilities in the FHWA 

workforce. The FHWA attended recruitment and outreach events designed to provide access to 

targeted audiences from these populations and other groups with low participation rates. The 

events included the following: 

• 157 virtual and in-person recruitment & outreach events 

• 20 events with Historically Black Colleges and Universities (HBCU) 

• 15 events with Hispanic Serving Institutions (HSI) 

• Six events with Asian American and Native American Pacific Islander Institutions

• Two events targeting Native Americans

• Seven events targeting female professionals
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 15 of 104 

• Three events targeting PWD

• Six events targeting military and veterans 

The FHWA utilized a variety of recruitment resources, including online services; job postings; 

social media; the Workforce Recruitment Program Database; OPM Shared List of People with 

Disabilities Database; Veterans Affairs Veterans Readiness Employment Program; State and 

local vocational rehabilitation agencies and employment offices; educational institutions, 

colleges, and universities; USAJOBS; and the USAJOBS Agency Talent Portal to attract people 

with disabilities to FHWA job opportunities. The FHWA’s Office of Human Resources also 

partnered with groups and employees throughout the Agency to deliver virtual employment 

workshops to the public to educate them about the Agency and attract prospective candidates to 

apply to open announcements. The FHWA vacancy announcements continue to be marketed on 

social media platforms and free recruitment sites to increase the visibility in those specific 

communities. 

Education/Outreach on Schedule A

The FHWA’s Office of Human Resources hosted several one-on-one consultative sessions with 

hiring managers to discuss various staffing and recruitment initiatives which included different 

hiring authorities. Staffing specialists continue to educate hiring managers on special hiring 

authorities while developing recruitment packages. 

The Office of Civil Rights offered employee Webinars on Schedule A hiring authorities and 

other topics such as the Reasonable Accommodation process that increased the awareness of 

actions Federal hiring managers could take to increase and maintain a diverse workforce within 

the Agency. 

Addressing Generational Diversity

The FHWA continues to employ an internal advisory group of FHWA employees called the 

Innovation Exchange (iExchange), a multi-generational forum focused on exchanging ideas and 

inspiring innovation. While promoting and facilitating generational diversity, iExchange creates 

an environment that welcomes members and encourages the overall diversity of the Agency. 

Sponsored by the Knowledge Management (KM) unit, iExchange expanded its membership to 

over 250 employees. Over the course of FY 22, the advisory group held a virtual speed 

networking event and continued to work with FHWA offices, committees, and councils to 

provide ideas and a fresh perspective. 

Element D- Proactive Prevention of Unlawful Discrimination 

Throughout FY 22, the Office of Civil Rights’ Anti-Harassment, EEO, and Reasonable 

Accommodations Program Managers coordinated and conducted a series of virtual AntiHarassment, EEO, and Reasonable Accommodations training sessions to FHWA offices. 

The training sessions’ aim was to ensure employees were familiar with the anti-harassment, 

EEO, and Reasonable Accommodation requirements and processes within FHWA. The virtual 

training sessions were well received and plans to expand the sessions to cover all FHWA offices 

is currently in the works for FY 23. 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 16 of 104 

Since the Agency rollout of the Anti-Harassment Policy Framework in 2019, FHWA Office of 

Civil Rights has developed regular outreach to employees and managers on the Anti-Harassment 

Process. The FHWA has revamped the Agency’s Website and updated the current process 

https://www.fhwa.dot.gov/civilrights/programs/Anti-Harassment/resources.cfm to include our 

new Anti-Harassment & Equity Coordinator. 

On May 10-12, 2022, the Office of Civil Rights hosted its second annual EEO symposium. 

During this symposium, several sessions such as: 

• State of the Agency Briefing – MD-715 

• Gender Inclusivity (Pronoun) 

• Equity within DOT 

• Role of Agency Counsel in Employment Law 

• Prohibited Personnel Practices: Whistle Blower Protection

• Accessibility Tools and Resources 

• Religious Accommodations 

• Alternative Dispute Resolution

• Diversity and Inclusion Best Practices

• The Strategic Powers of ERGs

• Agency Leadership Panel: Successful Communication Styles 

• Diversity Hiring Guide Overview and Discussion 

• Which Lane Are You In? Panel

These sessions were provided to educate Agency employees on our workforce, and in the areas 

of Anti-Harassment, EEO, Diversity, conflict resolution, and effective communication. 

The FHWA provides ad hoc training and outreach at the requests of the individual offices, for 

example, discussing anti-harassment at their weekly meetings. 

The FHWA develops an on-site and virtual training schedule at the beginning of each year to 

provide anti-harassment training to the division offices. 

The FHWA held two all-employee sessions on Respectful Workplace and two sessions on 

Leading for Respect (managers only); an Anti-Harassment Fact Finders Workshop; and three 

virtual site visits were held for offices looking to have tailored Anti-Harassment training for their 

office employees: Ohio Division Office, Colorado Division Office, and Tennessee Division 

Office. 

Diversity Management Committee 

The FHWA continued to utilize the Diversity Management Committee (DMC or committee) 

comprised of employees and leadership from various FHWA program and field offices to 

cultivate and advance several initiatives designed to improve organizational culture and raise 

awareness on the importance of having a diverse and inclusive organization. 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 17 of 104 

In FY 22 several of the committee members rotated off. In response, the co-chairs solicited new 

members to serve and hosted a two-day in-person training to complete action planning for the 

upcoming year. The in-person meeting included a one-day training session on Diversity of 

Thought: Fostering a Diverse and Inclusive Workplace. 

The DMC also continued its Women’s Forum Webinar series which is designed to foster greater 

connections among female employees at all levels. The committee conducted two Webinars 

with the aim of providing a safe and engaging discussion platform for all employees to network 

with each other and address issues of common interest, such as career growth, mentoring, 

professional development, and identifying challenges in the workplace especially those 

impacting women. 

To improve cultural awareness, the DMC created Diversity Fact Sheets. The Diversity Fact 

Sheets provide summarized information on a wide assortment of DEIA-related concepts. The 

fact sheets serve as a compliment to DEIA training by providing easy-to-access information on 

topics that may not be familiar to Agency staff. 

The DMC, in partnership with the Agency’s Diversity Champions, continues to highlight a wide 

range of observances and traditions that acknowledge unique segments of our population. Each 

issue highlights cultural observances, holidays, training opportunities, breaking news, recipes, 

trivia, inspirational stories, employee resource/affinity group information, and more. 

Element E- Efficiency

In FY 22, FHWA timely submitted to EEOC the Annual Federal EEO Statistical Report of 

Discrimination Complaints (EEOC Form 462) report and the Department’s data call for inclusion 

in the Annual Notification and Federal Employee Anti-discrimination and Retaliation Act of 

2002 (No FEAR Act) report. Furthermore, FHWA submitted its annual FEORP to OPM in April 

2022. 

The FHWA continues to ensure that all EEO policies are prominently posted in all personnel 

offices, employee bulletin boards, and on FHWA Civil Rights Website. All policies related to 

anti-discrimination laws, Civil Rights, EEO complaint process, the anti-harassment program, 

Departmental Reasonable Accommodations policies, and ADR are posted on FHWA Website

(https://www.fhwa.dot.gov/civilrights/). 

Element F- Responsiveness and Legal Compliance

The FHWA continues to maintain the goal of full compliance with all EEO statutes, regulations, 

policy guidance, and other written instructions. All Agency personnel are held accountable for 

timely compliance with orders issued by EEOC. Plans for addressing newly identified gaps from 

prior fiscal years are further discussed in Part H of this report. 

Part E.3 - Executive Summary: Workforce Analyses 

As of September 30, 2022, FHWA onboard strength showed a total of 2,731 employees, of 

whom 2,723 were permanent employees and eight were temporary employees. 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 18 of 104 

In FY 22, FHWA exceeded its 501 goal of 12 percent for new hires and onboarding of PWD, as 

well as its 2 percent goal for new hires and onboarding of PWTD. In FY 22, approximately 

16.34 percent of all new hires were PWD, and 2.33 percent were PWTD. The PWD compromise 

12.49 percent of the total FHWA workforce, which trends higher than the 11.63 percent reported 

in FY 2021. The PWTD comprise 2.97 percent of the total FHWA workforce, which was trends 

slightly higher than the 2.93 percent reported for FY 2021. 

Veterans with 30 percent or more disability represent 6.6 percent of all hires and make up 4.14 

percent of the total workforce. 

The FHWA reports out the following regarding the overall diversity of its workforce between FY 

18 and FY 22: 

1) Hispanic employees in FHWA’s permanent workforce increased from 8.48 percent to 

9.48 percent from FY 18 to FY 22. Hispanic Males increased from 5.23 percent to 5.82 

percent and Hispanic Females increased from 3.25 percent to 3.66 percent. 

2) Black or African American employees in FHWA’s permanent workforce increased from 

15.01 percent to 16.33 percent from FY 18 to FY 22. Black Males increased from 6.2 

percent to 7.07 percent and Black Females increased from 8.81 percent to 9.26 percent. 

3) Asian employees in FHWA’s permanent workforce increased from 7.69 percent to 8.60 

percent from FY 18 to FY 22. Asian Males increased from 5.19 percent to 5.68 percent 

and Asian Females increased from 2.5 percent to 2.93 percent. 

4) Native Hawaiian or other Pacific Islander employees in FHWA’s permanent workforce 

slightly decreased from 0.19 percent from FY 18 to FY 22. Native Hawaiian or other 

Pacific Islander Males decreased from 0.15 percent to 0.11 percent and Native Hawaiian 

or other Pacific Islander Females. 

5) American Indian or Alaska Native employees in FHWA’s permanent workforce 

increased from 0.93 percent to 0.95 percent from FY 18 to FY 22. Though American 

Indian or Alaska Native Males slightly decreased from 0.52 percent to 0.48 percent, 

American Indian or Alaska Native Females increased from 0.41 percent to 0.48 percent. 

6) Two or more races employees in FHWA’s permanent workforce increased from 0.52 

percent to 1.06 percent from FY 18 to FY 22. Two or more races Males increased from 

0.15 percent to 0.48 percent and two or more races Females increased from 0.37 percent 

to 0.59 percent. 

7) PWD employees in FHWA’s permanent workforce increased from 9.97 percent to 11.63 

percent from FY 18 to FY 22. 

8) PWTD employees in FHWA’s permanent workforce increased from 2.88 percent to 2.93 

percent from FY 18 to FY 22. 

Although FHWA continues to be successful in its efforts to diversify its workforce, the 

representation of PWD and female populations remains areas where FHWA is continuing to 

focus its efforts. In addition, FHWA will analyze the workforce in relation to hiring rate and 

separation rates of FHWA employees based upon race, gender, ethnicity, and disability 

demographics. These areas of improvement have been included in Part H and I of this report. 

Workforce Analysis Trends: 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 19 of 104 

The FHWA Total Workforce Participation, FY 18-22: In reviewing FHWA total 

workforce data (Table A1/B1) there has been a steady increase in PWD while PWTD has 

remained stagnant. 

FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 

Total Workforce 2678 2689 2767 2726 2731 

PWD 267 290 300 317 341 

PWTD 77 82 76 80 81 

The FHWA Workforce Participation by Sex, FY 18-22: In reviewing the FHWA total 

workforce data (Table A1) the participation rate for Females was below the 2014-2018 

Civilian Labor Force of 48.21 percent since 2018. 

Gender FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 2014-2018 

CLF

Male 62.88% 

(1684) 

62.58% 

(1679) 

62.78% 

(1737) 

62.29% 

(1698) 

61.33% 

(1675) 51.79% 

Female 37.12% 

(994) 

37.42% 

(1004) 

37.22% 

(1030) 

37.71% 

(1028) 

38.76% 

(1056) 48.21% 

Groups with Participation Rates Higher Than the Civilian Labor Workforce (CLF): After 

looking at FHWA total workforce (Table A1), groups with participation rates higher than 

the 2014 – 2018 CLF were identified. For FY 22, White Males had a participation rate of 

41.71 percent, surpassing the 35.65 percent benchmark. This indicates that White Males 

have demonstrated a higher representation compared to the overall CLF. Other groups 

0%

FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 2014-2018 CLF

Female 37.12% 37.45% 37.22% 37.71% 38.67% 48.21%

Male 62.88% 62.55% 62.78% 62.29% 61.33% 51.79%

62.88% 62.55% 62.78% 62.29% 61.33%

51.79%

37.12% 37.45% 37.22% 37.71% 38.67%

48.21%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

FHWA Workforce Participation by Sex, FY 2018 - 2022

Male Female
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 20 of 104 

with participation rates higher than the CLF includes black or African American Males 

and Females, Asian Males and Females, Native Hawaiian or Pacific Islander Males, and 

American Indian or Alaska Native Males and Females. The participation rate for PWTD 

was 2.97 percent, which is above the 501 Goal for PWTD of two percent. For PWD, the 

participation rate was 12.49 percent, which is above the 501 Goal for PWD of 12 percent. 

Groups With Participation Rates Lower Than the CLF: After looking at FHWA total 

workforce (Table A1), groups with participation rates lower than the 2014 – 2018 civilian 

labor workforce were identified. These groups include White Females, Hispanic Males and 

Females, Native Hawaiian or Pacific Islander female, and two or more races Males and 

Females. 

RNO/Disability FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 2014 – 2018 

CLF

White Females 21.66% 21.53% 21.03% 21.42% 21.71% 31.82% 

Hispanic Males 5.23% 5.50% 5.75% 6.16% 5.82% 6.82% 

Hispanic Females 3.25% 3.42% 3.54% 3.37% 3.66% 6.16% 

RNO/Disability FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 2014 – 2018 

CLF

White Males 45.37% 44.63% 44.24% 42.88% 41.71% 35.65% 

Black or African 

American Males 6.20% 6.28% 6.76% 6.86% 7.07% 5.70% 

Black or African 

American Females 8.81% 8.74% 8.78% 8.80% 9.26% 6.61% 

Asian Males 5.19% 5.32% 5.17% 5.39% 5.68% 2.19% 

Asian Females 2.50% 2.68% 2.86% 2.97% 2.93% 2.18% 

Native Hawaiian or Other 

Pacific Islander Males 0.15% 0.11% 0.11% 0.11% 0.11% 0.08% 

American Indian or 

Alaska Native Females 0.41% 0.52% 0.51% 0.51% 0.48% 0.31% 

American Indian or 

Alaska Native Males 0.52% 0.52% 0.51% 0.48% 0.48% 0.31% 

PWTD* 2.88% 3.05% 2.75% 2.93% 2.97% 2% 

(501 Goal) 

Persons with Disabilities* 9.97% 10.78% 10.84% 11.63% 12.49% 12% 

(501 Goal) 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 21 of 104 

RNO/Disability FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 2014 – 2018 

CLF

Native Hawaiian or 

Pacific Islander 

Female

0.04% 0.04% 0.00% 0.04% 0.04% 0.08% 

Two or More Races 

Males 0.15% 0.19% 0.25% 0.40% 0.48% 1.05% 

Two or More Races 

Females 0.37% 0.52% 0.51% 0.59% 0.59% 1.05% 

In reviewing Table B4P for FY 22 and analyzing whether FHWA met EEOC’s two percent

and 12 percent goal of onboard PWD and PWTD at the GS-1 to 10 and GS-11 to SES 

levels, the following information was captured: 

Grade Level PWD (12%) PWTD (2%) 

GS-1 to 10 20.69% 6.90% 

GS-11 to SES 11.58% 2.56% 

FY 22 FHWA Total Workforce Participation by Sex and Race/National Origin (Table A1): 

In reviewing the FY 22 participation rate for Black/African American Females and Two or 

More Races Females, these two groups are the only groups whose participation rates were 

higher than the participation rate for Black/African American Males and Two or More 

Races Males. 

FY 2022 FHWA Total Workforce Participation by Sex and Race/National Origin 

White Hispanic/

Latino

Black/

African 

American

Asian

American 

Indian or 

Alaska Native 

Two or 

more 

races

Native 

Hawaiian or 

Other Pacific 

Islander

Male 41.71% 5.82% 7.07% 5.68% 0.48% 0.48% 0.11% 

Female 21.71% 3.66% 9.26% 2.93% 0.48% 0.59% 0.04% 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 22 of 104 

FY 22 FHWA Total Workforce (Table A1): New Hires breakdown based on RNO and 

Gender. 

FHWA FY 2022 Hires by Race/National Origin and Sex 

Race/Ethnicity

All Hires Women Men

# % # 

% of 

Women 

Hires

% of RNO 

Group 

Hires

# 

% of 

Men 

Hires

% of RNO 

Group 

Hires

White 145 56.42% 59 50.00% 40.69% 86 61.87% 59.31% 

Hispanic or 

Latino 21 8.17% 13 11.02% 61.90% 8 5.76% 38.10% 

Black or African 

American 53 20.62% 32 27.12% 60.38% 21 15.11% 39.62% 

Asian American 29 11.28% 11 9.32% 37.93% 18 12.95% 62.07% 

Native Hawaiian 

or Other Pacific 

Islander

0 0.00% 0 0.00% 0.00% 0 0.00% 0.00% 

American Indian 

or Alaska Native 1 0.39% 0 0.00% 0.00% 1 0.72% 100.00% 

Two or More 

Races 8 3.11% 3 2.54% 37.50% 5 3.60% 62.50% 

Total 257 118 45.91% 139 54.09% 

FY 22 FHWA Total Workforce (Table A1): Separation breakdown based on RNO and 

Gender. 

White Hispanic/Latin

o

Black/African

American Asian

American

Indian or

Alaska Native

Two or more

races

Native

Hawaiian or

Other Pacific

Islander

Male 41.71% 5.82% 7.07% 5.68% 0.48% 0.48% 0.11%

Female 21.71% 3.66% 9.26% 2.93% 0.48% 0.59% 0.04%

41.71%

5.82% 7.07% 5.68%

0.48% 0.48% 0.11%

21.71%

3.66%

9.26%

2.93% 0.48% 0.59% 0.04%

0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

FY 2022 FHWA Total Workforce Participation by Sex and 

Race/National Origin

Male Female
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 23 of 104 

FHWA FY 2022 Separations by Race/National Origin and Sex 

Race or 

Ethnicity

All Separations Women Men

# % # % of 

Women 

% of RNO 

Group # % of Men

% of RNO 

Group

White 173 68.11% 51 56.04% 29.48% 122 74.85% 70.52% 

Hispanic or 

Latino 21 8.27% 5 5.49% 23.81% 16 9.82% 76.19% 

Black or African 

American 36 14.17% 21 23.08% 58.33% 15 9.20% 41.67% 

Asian American 21 8.27% 12 13.19% 57.14% 9 5.52% 42.86% 

Native Hawaiian 

or Other Pacific 

Islander

0 0.00% 0 0.00% 0.00% 0 0.00% 0.00% 

American Indian 

or Alaska Native 2 0.79% 1 1.10% 50.00% 1 0.61% 50.00% 

Two or More 

Races 1 0.39% 1 1.10% 100.00% 0 0.00% 0.00% 

Total 254 91 35.83% 163 64.17% 

FY 22 FHWA Total Workforce (A1): In reviewing the new hire rates in comparison to 

separation rates, FHWA identified Total Males, Hispanic Males, White Males, and 

American Indian or Alaska Native Females RNO groups with separation rates that 

outpaced the hiring rates. 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 24 of 104 

Barrier Analysis Tables (FHWA Leadership Pipeline Analysis: GS-13 to SES) – In 

reviewing Table A4P for the RNO and gender groups in the GS-13 to SES level positions, 

53.78%

46.22%

3.19%

4.78%

33.07%

23.51%

8.37%

12.75%

6.77%

4.38%

0%

0%

0.40%

0%

1.99%

0.80%

64.43%

35.57%

6.32%

1.98%

48.22%

20.16%

5.93%

8.30%

3.56%

4.35%

0%

0%

0.40%

0.40%

0%

0.40%

0% 10% 20% 30% 40% 50% 60% 70%

Total Males

Total Females

Hispanic or Latino Males

Hispanic or Latino Females

White Males

White Females

Black or African American Males

Black or African American Females

Asian Males

Asian Females

Native Hawaiian or Other Pacific Islander Males

Native Hawaiian or Other Pacific Islander Females

American Indian or Alaska Native Males

American Indian or Alaska Native Females

Two or more races Males

Two or more races Females

Total

Males

Total

Femal

es

Hispa

nic or

Latino

Males

Hispa

nic or

Latino

Femal

es

White

Males

White

Femal

es

Black

or

Africa

n

Ameri

can

Males

Black

or

Africa

n

Ameri

can

Femal

es

Asian

Males

Asian

Femal

es

Nativ

e

Hawai

ian or

Other

Pacific

Island

er

Males

Nativ

e

Hawai

ian or

Other

Pacific

Island

er

Femal

es

Ameri

can

Indian

or

Alaska

Nativ

e

Males

Ameri

can

Indian

or

Alaska

Nativ

e

Femal

es

Two

or

more

races

Males

Two

or

more

races

Femal

es

Separations 64.43%35.57%6.32% 1.98%48.22%20.16%5.93% 8.30% 3.56% 4.35% 0% 0% 0.40% 0.40% 0% 0.40%

New Hires 53.78%46.22%3.19% 4.78%33.07%23.51%8.37%12.75%6.77% 4.38% 0% 0% 0.40% 0% 1.99% 0.80%

FY 22 New Hires & Separation Rate

Separations New Hires
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 25 of 104 

RNO and gender groups that had rates that were below the permanent workforce are 

White Females (GS-13), Black Females (GS-14), Hispanic Females (GS-14), Black Males 

(GS-15), Hispanic Males (GS-15, SES), and Asian Males (GS-15, SES). 

Barrier Analysis Tables (FHWA Leadership Pipeline Analysis: GS-13 to SES) – In 

reviewing the FY 22 FHWA Workforce data for PWD/PWTD in the GS-13 to SES level 

positions (Table B4P), the rate for PWD in the GS-13, 14, 15, and SES level fell below the 

501 Goal of 12 percent and for PWTD in the SES level fell below the 501 Goal of two

percent. 

0%

GS 13 GS 14 GS 14 GS 14 GS 15 GS 15 GS 15 SES SES

White Black Hispanic Hispanic Black Hispanic Asian Asian Hispanic

Females Females Females Males Females Males Males Females Males

FHWA 18.69% 6.34% 2.36% 4.17% 6.61% 3.96% 3.52% 0% 0%

Benchmark 21.74% 9.29% 3.64% 5.84% 9.29% 5.84% 5.66% 2.94% 5.84%

FHWA Benchmark

18.69%

6.34%

2.36%

4.17%

6.61%

3.96% 3.52%

0% 0%

21.74%

9.29%

3.64%

5.84%

9.29%

5.84% 5.66%

2.94%

5.84%

5%

10%

15%

20%

25%

Leadership Pipeline: GS-13 to SES (RNO Groups Below the 

Benchmark)
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 26 of 104 

Barrier Analysis Tables (Employee Recognition and Awards) – In reviewing the FY 22 

FHWA workforce data for Employee Recognition and Awards (Table A9/B9-1), the graphs 

below demonstrate where Cash Awards, Quality Steps Increases (QSI), and Time Off 

Awards for RNO groups were below the permanent workforce benchmark and 

PWD/PWTD were below the 501 Goal of 12 percent for PWD and two percent for PWTD. 

GS 13 GS 14 GS 15 SES SES

PWD PWD PWD PWD PWTD

FHWA 10.05% 9.06% 8.81% 6% 0%

Benchmark 12% 12% 12% 12% 2%

10.05%

9.06% 8.81%

6%

0%

12% 12% 12% 12%

2%

0%

2%

4%

6%

8%

10%

12%

14%

Leadership Pipeline: GS 13 to SES (PWD/PWTD groups 

below the benchmark)

FHWA Benchmark
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 27 of 104 

$501-

$999

Black

Males

$1000-

$1999

Black

Males

$1000-

$1999

Asian

Males

$2000-

$2999

White

Males

Over

$5000

Black

Males

Over

$5000

Hispan

ic

Males

$501-

999

White

Femal

es

$3000-

$3999

Black

Femal

es

$4000-

$4999

White

Femal

es

>

$5000

Black

Femal

es

< $500

PWD

$3000-

3999

PWD

$4000-

$4999

PWD

$4000-

$4999

PWTD

FHWA 5.41% 5.36% 2.95% 37.47% 4.83% 4.33% 20.51% 8.18% 19.57% 5.33% 10.32%11.19% 9.43% 1.42%

Benchmark 7.09% 7.09% 5.66% 41.68% 7.09% 5.84% 21.74% 9.29% 21.74% 9.29% 12% 12% 12% 2%

5.41% 5.36%

2.95%

37.47%

4.83% 4.33%

20.51%

8.18%

19.57%

5.33%

10.32%11.19%

9.43%

1.42%

7.09% 7.09%

5.66%

41.68%

7.09%

5.84%

21.74%

9.29%

21.74%

9.29%

12% 12% 12%

2%

0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

Cash Awards (Groups below the benchmark)

FHWA Benchmark
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 28 of 104 

FHWA EEO Complaints Trends: 

Over the past 5 years, from FY18 to FY 22, the informal/pre-complaint and formal 

complaint filings ebbed and flowed. The number of informal complaints shows some 

fluctuations over the years, with peaks in FY 20 (15 informal complaints) and a decline in 

FY 22 (six informal complaints). Thus, there has been a decrease in the number of 

informal complaints. The number of formal complaints also fluctuates from year to year. 

The highest number of formal complaints occurred in FY 20 with 14 cases, while the lowest 

QSI

White Males

QSI

Black

Males

QSI

Asian

Males

QSI

Hispanic

Females

QSI

PWD

FHWA 36.36% 4.55% 0.00% 2.27% 9.09%

Benchmark 41.68% 7.09% 5.66% 3.64% 12%

36.36%

4.55%

0.00% 2.27%

9.09%

41.68%

7.09% 5.66% 3.64%

12%

0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

QSI (Groups below the benchmark)

FHWA Benchmark

1-10 hrs

Black

Males

11-20 hrs

Black

Males

11-20 hrs

Hispanic

Males

21-30 hrs

Black

Males

21-30 hrs

Hispanic

Males

1-10 hrs

Black

Females

11-20 hrs

Black

Females

21-30 hrs

Hispanic

Females

11-20 hrs

PWD

FHWA 5.99% 3.02% 4.09% 0.00% 2.38% 8.09% 7.28% 0.00% 10.83%

Benchmark 7.09% 7.09% 5.84% 7.09% 5.84% 9.29% 9.29% 3.64% 12%

5.99%

3.02%

4.09%

0.00%

2.38%

8.09%

7.28%

0.00%

10.83%

7.09% 7.09%

5.84%

7.09%

5.84%

9.29% 9.29%

3.64%

12%

0%

2%

4%

6%

8%

10%

12%

14%

Time Off Awards (Groups below the benchmark)

FHWA Benchmark
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 29 of 104 

number was recorded in FY 22 with 4 cases. The number of formal complaints is generally 

lower than the number of informal complaints. This may indicate that a portion of the 

informal complaints did not progress to the formal stage, possibly due to resolution at the 

informal level or other factors. 

FY Informal Formal 

2018 11 11 

2019 12 8 

2020 15 14 

2021 11 8 

2022 6 4 

Most Frequent Complaint Bases Filed: 

Most Frequent Complaint Issues (Employment Actions) Filed: 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 30 of 104 

Anti-Harassment Trends: 

Anti-Harassment cases identified from FY 18 to FY 22. 

FY Number of Anti-Harassment Cases

2018 2 

2019 3 

2020 10 

2021 12 

2022 7 

Reasonable Accommodation Trends: 

Reasonable Accommodation cases identified from FY 21 to FY 22. 

FY Number of Reasonable Accommodation Cases 

2021 13 

2022 58 

Part E.4 - Executive Summary: Accomplishments 

The FHWA makes EEO principles a fundamental part of its culture. Below is a summary of 

FHWA’s FY 22 accomplishments under the six essential elements 1) demonstrated commitment 

to EEO, 2) integration of EEO into DOT’s strategic mission, 3) management and program 

accountability, 4) proactive prevention of unlawful discrimination, 5) efficiency and 

responsiveness, and 6) legal compliance: 

• In FY 22, FHWA, participated in 157 recruitment events (virtual and in-person). Fortythree events were at identified minority serving institutions. Events targeted the 

following groups: Women, PWD, veterans/military, and diverse groups. 

• Exit surveys are being performed and tracked. The FHWA began receiving the data 

information from these exit surveys in FY 22 after a 3-year gap. 

• In FY 22, Office of Civil Rights had nine ancillary duty staff serving as Fact Finders 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 31 of 104 

within the Anti-Harassment Process. All new and experienced Anti-Harassment Fact 

Finders attended an Anti-Harassment Fact Finders Workshop. The workshop provided a 

forum for fact finders to discuss common issues, lessons learned, best practices, and 

process improvements. 

• FHWA drafted Reasonable Accommodations procedures to comply with DOT Order 

1101.1B, Procedures for Processing Reasonable Accommodation Requests by DOT Job 

Applicants and Employees with Disabilities. The procedures outline roles and 

responsibilities of Agency supervisors, Disability Program Manager, and established the 

Designated Disability Advisory Team. 

• In FY 22, FHWA hosted a virtual series of Prevention of Harassment training sessions 

focused on Respect in the Workplace. The FHWA hosted a total of five training sessions 

on the Prevention of Harassment. 

• Agency employees are educated and encouraged to participate in one or more of DOT 

Employee Resource Groups (ERGs). 

• FHWA established an Emerging Leaders Externship Program. This pilot program is 

geared towards HBCU students and provides training around mentoring, resume, and 

career outreach. In FY 22, outreach to 11 HBCUs occurred to garner their interest in the 

program. Full implementation and delivery of a two-day session is expected in Fall 2023. 

• For ERGs where FHWA employees serve in a leadership capacity, the following 

activities have been highlighted: 

African American Leaders in Transportation (AALT)

o AALT grew its membership to over 200 (peaking at 204) during FY 22. 

o AALT provided feedback on OST’s new guidance for Employee Resource Group. 

o AALT Participated in the DFS Mid-America meeting with the Division and Deputy 

Division Administrators. 

o AALT collaborated with Western Federal Lands to create a recruitment SharePoint 

Site, Video and Newsletter article. 

o AALT contributed article to the FHWA DEI newsletter. 

o AALT attended the OST Black History Month Fireside Chat as special guest to 

Secretary Pete Buttigieg and U.S. Environmental Protection Agency Administrator, 

Michael Regan. 

o AALT held Agencywide Black History Month Special Event Webinar with guest 

speaker Civil Rights Leader and Freedom Rider Hezekiah Watkins from Jackson MS. 

Theme: Leading through Adversity. 

o AALT collaborated with HR to host a Black History Month HBCU Recruitment 

event Webinar. 

o AALT held bi-monthly Webinars for members: 

 Applying to the Division Administrator / Deputy Division Administrator 

Registry. 

 Recruitment starts from within. 

 Writing your success stories. 

 Executive Core Qualifications (ECQ): Leading Change / Building Coalitions. 

 ECQ: People and Business Acumen. 

 The link between Health Wellness Practices and Professional Growth. 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 32 of 104 

o AALT regularly participated in the monthly OST HBCU Coordination meetings. 

o AALT regularly participated in the OST Gender Equity Advisory Board. 

o AALT represented FHWA in a series of career fairs: 

 Howard University

 Alabama A&M

 Bowie State

 Others

o AALT developed a registry to catch information on FHWA employees from HBCUs. 

o AALT developed a registry to solicit volunteers for resume reviews and interviewing. 

o AALT began a monthly email bulletin providing the membership with information on 

job opportunities that they can share with their professional, collegiate, and Greek 

networks. 

o AALT worked with HR to include a Webpage on AALT for new members to FHWA: 

https://www.fhwa.dot.gov/careers/benefits.cfm.

o AALT participated in two Hispanic Engagement Initiative (HEI) Webinars on 

preparing for interviews. 

o AALT introduced the group to the FHWA’s Diversity Champions. 

HEI/AMIGO Affinity Group

o Professional Development Committee – The objectives identified for this 

subcommittee include: 

 To increase the number of qualified Hispanics in FHWA in preparation for 

leadership and promotion opportunities this working group was developed to 

focus on professional development. 

 Provide a platform to assist Hispanics in existing positions to their reach 

fullest potential. 

 Develop a mentoring program that can readily help employee move to next 

step in their career (such as: Resume review, mock interviews, speaking in 

large groups, etc.). 

With the efforts of the working group, HEI accomplished the following in FY 22: 

 The committee has helped review resumes, mock interviews, and 

recommended training opportunities to other members. 

 Partnered with the Talent Development Division on holding a Webinar titled 

“Professional Development 101” in February 2022, with 57 participants in 

attendance. 

 In August 2022, surveyed HEI members for feedback on future Professional 

Development Webinars via a MS Form. HEI received 37 responses. 

 Tentatively scheduled a Webinar on “Do and Don’ts of Interviews” for 

January 2023. 

o Recruitment Committee – The objectives identified for this subcommittee include: 

 Assisting in recruitment efforts for new employees. 

 Assisting in filling vacant positions in FHWA with Hispanic employees. 

 Helping Hispanics in FHWA, including AMIGO members, advance in FHWA 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 33 of 104 

in partnership with other AMIGO working groups and other FHWA groups, 

such as the Diversity Management Committee and the Women in Leadership 

group. 

With the efforts of the working group, HEI accomplished the following in FY 22: 

 Coordinated with HQ recruitment to participate in recruitment efforts, 

including virtual career fairs, and university presentations. 

 DAs/DDAs that would like to increase Hispanic representation in their 

Division Offices send the subcommittee FHWA internal vacancies. The 

group shared the announcements with members through Microsoft (MS) 

Teams as well as DOT’s Hispanics in Transportation (HIT). HEI worked to 

increase our networks. 

 HEI’s Sponsor assisted with resume reviews and providing sample interviews 

to assist Hispanics in promotion opportunities. 

 The committee organized the Hispanic Heritage Month (HHM) Celebration 

(September 27, 2022) which included guest speakers, Victor Mendez, Mayela 

Sosa, Coral Torrez-Cruz, and opening remarks by Irene Rico. This event was 

well received by Hispanics with the Agency as well as sister agencies. HEI 

was later invited to participate in another HHM event. 

o Mentoring Committee – With the efforts of HEI’s working group, HEI 

accomplished the following in FY 22: 

 Prepared and sent out a survey asking for interest in serving as a Mentor, in 

wanting to be a Mentee, or both. The survey responses have been received 

and the Mentoring Workgroup will begin the process of getting Mentors and 

Mentees connected. The goal is to get all interested parties connected. 

o Networking Committee – With the efforts of HEI’s working group, HEI 

accomplished the following in FY 22: 

 HEI established the framework for the HEI network, grew the network, and 

led some fun networking opportunities. HEI had three main goals: Improve 

and make communication more efficient for AMIGO, help coordinate and 

share information on AMIGO SharePoint site, and schedule networking 

opportunities. HEI accomplished these goals with the following efforts: 

 Updated the Hispanic Outreach Roster (list of AMIGO Volunteers, 

AMIGO Recruiters list, AMIGO Mentors list, etc.). 

 With an updated roster, HEI established: The FHWA AMIGO 

Networking Outlook Email Distribution List and AMIGO Teams Site. 

 The HEI hosted two networking events: 

• December 2, 2021 – Holiday Traditions – shared recipes and 

holiday traditions. 

• July 27, 2022 – Listening session with FHWA Office of Civil 

Rights – Hispanic Workforce. 

 Established an expectation of four HEI events annually (one hosted by each 

working group). 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 34 of 104 

Collectively, these were all opportunities HEI created to engage with and mentor 

others, to develop trust, and motivate staff in this greatly expanded the Hispanic 

network. With establishment of this network, HEI created an environment for a 

spirited group of people to identify mentors, interact with Agency leaders, and 

receive ongoing feedback and guidance in a comfortable and open forum. 

Part E.5 - Executive Summary: Planned Activities

The following list identifies emphasis areas, activities and/or planned initiatives to address 

and/or correct program deficiencies in Parts H, I and J. 

 

Strategic Planning & Agency Initiatives 

• FHWA developed a new Strategic Plan for FY 22-26 that incorporates measures and 

strategic objectives towards diversity, equity, inclusion, and accessibility. The FHWA 

will continue to roll out joint technical assistance and training on EEO, Reasonable 

Accommodations, Anti-Harassment, and Diversity, Equity, Inclusion, and Accessibility 

to program and field offices. The FHWA will continue to conduct outreach around and 

support DOT’s DEIA Strategic Plan. 

• FHWA will continue to partner within DOT to recognize and identify monthly 

observances and host various events to educate employees on cultural differences, 

accomplishments, and contributions. 

• FHWA’s goal is to have a Diversity Champion for each work unit, and who would 

participate in the DMC. The DMC will continue in its recruitment of new members as 

existing members rotate off. As new Champions and Committee members are added, the 

DMC will sponsor an onboarding training. 

• In response to and in consideration of Executive Order 14035, FHWA has established a 

new Chief DEI Officer role. Starting in FY 22, the Chief DEI Officer worked with 

FHWA leadership and partners, as well as leadership and partners from DOT, to develop 

strategies to ensure that diversity, equity, and inclusion are integrated into and contribute 

to FHWA’s overall mission and strategic goals. 

• In FY 22, FHWA enhanced its workforce analysis on participation rates for permanent 

workforce (i.e., senior grade level, compensation and awards, management positions) 

through utilizing the FY 22 Barrier Analysis team. 

Recruitment, Hiring, & Outreach Efforts

• FHWA plans to continue to support targeted outreach and recruitment to increase the 

number of women, with particular focus on Hispanic women and PWTD at all grade 

levels. This will be accomplished through participation at career fairs, outreach events 

and distributing targeted email campaigns and social media platforms. Additionally, 

FHWA connects with affinity groups (AALT, HEI, and other ERGs), to exchange info on 

upcoming events that are targeted to the specific demographics. The FHWA also 

communicates with affinity groups via email to disseminate information on open job 

opportunities and any FHWA hosted events. 

• FHWA will continue to create an inclusive organizational environment by performing 

outreach and remaining in close contact with our recruitment partners from various 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 35 of 104 

associations and organizations. These organizations target or serve underrepresented 

groups and schools with targeted populations that tap into a diversified applicant pool for 

all job vacancies. 

• FHWA will aim to continue its partnership with universities that have large disability 

populations to provide information for students who may be seeking employment 

opportunities within FHWA’s pipeline programs. 

• FHWA will continue to be proactive in its efforts to market STIPDG, Pathways Program, 

Dwight D. Eisenhower Fellowship Program, and PDP amongst colleges and universities. 

Training & Program Awareness Efforts

• FHWA Virtual EEO Awareness Symposium was held over a three-day time span from 

May 10-12, 2022. The purpose of the symposium was to educate FHWA management 

and staff on EEO, Diversity, Conflict Resolution, Prevention of Harassment, and 

Effective Communication. The FHWA will hold its third annual symposium in FY 23. 

• FHWA will continue to identify new resources and programs for hiring managers that 

highlight how to find diverse pools of talent for FHWA vacancy announcements as well 

as how to communicate vacancy announcements to those diverse talent pools. 

• FHWA developed and distributed a “Diversity Hiring Guide” for hiring managers. This 

guide provides recommendations that aim to mitigate bias and offers resources that help 

broaden applicant pools for job vacancies. The guide also makes diverse resume review 

panels and interview panels a standard practice. In FY 22, the Agency held a session at 

the EEO Virtual Awareness Symposium that is centered around the Diversity Hiring 

Guide. The FHWA Strategic Plan for FY 22-26 includes opportunities for DEIA training 

for Agency staff. 

• In partnership with the DOT Disability Resource Center, FHWA will offer education and 

training about the Center and how its services benefit FHWA’s workforce. 

• The Office of Administration will offer Unconscious Bias training for all managers and 

supervisors. This two-and-a-half-hour instructor-led online course is designed to give 

Managers/Supervisors an introductory overview of Unconscious Bias including: 

Identifying Bias, Learning the impacts of bias on performance and Discovering 

techniques for cultivation connection. 

• FHWA Office of Civil Rights will develop a deliverable spreadsheet to modify the 

approach to training for all managers and supervisors in the areas of EEO, ADR, 

Prevention of Harassment Training, and Reasonable Accommodations. 

Policy & Procedure Updates

FHWA developed draft Reasonable Accommodations Procedures and developed a draft 

Handbook that will be a tool for Managers to understand their role and responsibilities. The 

FHWA Office of Civil Rights also drafted checklists, sample letters, and one-page 

summaries for managers and employees. These resources were reevaluated based upon the 

Departmental DOT Reasonable Accommodation Order 1101.1B. The plan is to issue the 

final version in FY 23. 
CFORM U.S. Equal Employment Opportunity Commission 

715-01 FEDERAL AGENCY ANNUAL 

PARTF EEO PROGRAM STATUS REPORT 

CERTIFICATION of ESTABLISHMENT of CONTINUING 

EQUAL EMPLOYMENT OPPORTUNITY PROGRAMS 

I, Irene Rico, Associate Administrator for Civil Rights am the 

(Insert name above) (Insert official 

title/series/grade above) 

Principal EEO Director/Official for Federal Highway Administration 

(Insert Agency/Component Name above) 

The Agency has conducted an annual self-assessment of Section 717 and Section 501 programs against the essential elements 

as prescribed by EEO MD-715. If an essential element was not fully compliant with the standards of EEO MD-715, a further 

evaluation was conducted and, as appropriate, EEO Plans for Attaining the Essential Elements of a Model EEO Program, are 

included with this Federal Agency Annual EEO Program Status Report. 

The Agency has also analyzed its work force profiles and conducted barrier analyses aimed at detecting whether any 

management or personnel policy, procedure or practice is operating to disadvantage any group based on race, national origin, 

gender or disability. EEO Plans to Eliminate Identified Barriers, as appropriate, are included with this Federal Agency Annual 

EEO Program Status Report. 

I certify that proper documentation of this assessment is in place and is being maintained for EEOC review upon request. 

Digitally signed by IRENE RICO IRENE RICO Date: 2023.05.24 11:38:S9-04'00' 

Signature of Principal EEO Director/Official Date 

Certifies that this F eral Agency Annual EEO Program Status Report is in compliance with EEO MD-715. 

Signature of Agency Head or Agency Head Designee Date 

Page 36 of 104

HCR-230515-001 
EEOC FORM

U.S. Equal Employment Opportunity Commission 

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT 

Page 37 of 104 

MD-715 - PART G

Agency Self-Assessment Checklist

The Part G Self-Assessment Checklist is a series of questions designed to provide Federal

agencies with an effective means for conducting the annual self-assessment required in Part F of 

MD-715. This self-assessment permits EEO Directors to recognize, and to highlight for their 

senior staff, deficiencies in their EEO program that the agency must address to comply with MD715's requirements. Nothing in Part G prevents agencies from establishing additional practices 

that exceed the requirements set forth in this checklist. 

All agencies will be required to submit Part G to EEOC. Although agencies need not submit 

documentation to support their Part G responses, they must maintain such documentation on file 

and make it available to EEOC upon request. 

The Part G checklist is organized to track the MD-715 essential elements. As a result, a single 

substantive matter may appear in several different sections, but in different contexts. For 

example, questions about establishing an anti-harassment policy fall within Element C 

(Management and Program Accountability), while questions about providing training under the 

anti-harassment policy are found in Element A (Demonstrated Commitment from Agency 

Leadership). 

For each MD-715 essential element, the Part G checklist provides a series of "compliance 

indicators." Each compliance indicator, in turn, contains a series of “yes/no” questions, called 

“measures.” To the right of the measures, there are two columns, one for the agency to answer 

the measure with "Yes", "No", or "NA;" and the second column for the agency to provide 

“comments”, if necessary. Agencies should briefly explain any “N/A” answer in the comments. 

For example, many of the sub-component agencies are not responsible for issuing final agency 

decisions (FADs) in the EEO complaint process, so it may answer questions about FAD 

timeliness with "NA" and explain in the comments column that the parent agency drafts all 

FADs. 

A "No" response to any measure in Part G is a program deficiency. For each such "No" 

response, an agency will be required in Part H to identify a plan for correcting the identified 

deficiency. If one or more sub-components answer “No” to a particular question, the 

agencywide/parent agency’s report should also include that “No” response. 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 38 of 104 

MD-715 - PART G

Agency Self-Assessment Checklist

Essential Element A: Demonstrated Commitment from Agency Leadership

This element requires the agency head to communicate a commitment to equal employment opportunity and a discriminationfree workplace.

Measures

Compliance Indicator 

A.1 - The agency issues an effective, up-to-date EEO 

policy statement.

Measure Met?

(Yes/No/NA) Comments

A.1.a 

Does the agency annually issue a signed and dated EEO 

policy statement on agency letterhead that clearly 

communicates the agency’s commitment to EEO for all 

employees and applicants? If “yes”, please provide the 

annual issuance date in the comments column. [see MD-715, 

II(A)]

YES

The Departmental Office of Civil 

Rights issued the annual DOT EEO 

Policy statements dated June 9, 

2022. 

A.1.b 

Does the EEO policy statement address all protected bases 

(age, color, disability, sex (including pregnancy, sexual 

orientation, and gender identity), genetic information, national 

origin, race, religion, and reprisal) contained in the laws 

EEOC enforces? [see 29 CFR § 1614.101(a)] 

YES

Measures

Compliance Indicator

A.2 - The agency has communicated EEO policies and 

procedures to all employees.

Measure Met?

(Yes/No/NA) Comments

A.2.a Does the agency disseminate the following policies and 

procedures to all employees: 

A.2.a.1 Anti-harassment policy? [see MD 715, II(A)] Yes

A.2.a.2 Reasonable accommodation procedures? [see 29 C.F.R § 

1614.203(d)(3)] Yes

The FHWA uses DOT’s Reasonable 

Accommodation Policy - DOT Order 

1101.1B. 

A.2.b Does the agency prominently post the following information 

throughout the workplace and on its public website: Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 39 of 104 

Measures

Compliance Indicator

A.2 - The agency has communicated EEO policies and 

procedures to all employees.

Measure Met?

(Yes/No/NA) Comments

A.2.b.1

The business contact information for its EEO Counselors, 

EEO Officers, Special Emphasis Program Managers, and 

EEO Director? [see 29 C.F.R § 1614.102(b)(7)] 

Yes

Information is located on the EEO 

page on the Office of Civil Rights 

Website: 

https://www.fhwa.dot.gov/civilrights

/programs/eeo/

A.2.b.2

Written materials concerning the EEO program, laws, policy 

statements, and the operation of the EEO complaint process? 

[see 29 C.F.R § 1614.102(b)(5)] 

Yes

A.2.b.3

Reasonable accommodation procedures? [see 29 C.F.R. § 

1614.203(d)(3)(i)] If so, please provide the internet address in 

the comments column. 

Yes

Disability Program: Useful Links - 

Civil Rights | Federal Highway 

Administration (dot.gov): 

https://www.fhwa.dot.gov/civilrights

/programs/disability/resources.cfm 

A.2.c Does the agency inform its employees about the following 

topics: 

A.2.c.1 EEO complaint process? [see 29 CFR §§ 1614.102(a)(12) 

and 1614.102(b)(5)] If "yes", please provide how often. Yes

A.2.c.2 ADR process? [see MD-110, Ch. 3(II)(C)] If "yes", please 

provide how often. Yes Annually 

A.2.c.3 Reasonable accommodation program? [see 29 CFR § 

1614.203(d)(7)(ii)(C)] If "yes", please provide how often. Yes Annually 

A.2.c.4

Anti-harassment program? [see EEOC Enforcement 

Guidance on Vicarious Employer Liability for Unlawful 

Harassment by Supervisors (1999), § V.C.1] If "yes", please 

provide how often. 

Yes Annually 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 40 of 104 

Measures

Compliance Indicator

A.2 - The agency has communicated EEO policies and 

procedures to all employees.

Measure Met?

(Yes/No/NA) Comments

A.2.c.5

Behaviors that are inappropriate in the workplace and could 

result in disciplinary action? [5 CFR § 2635.101(b)] If "yes", 

please provide how often. 

Yes

Annually. The Office of Human 

Resources also provides notice to 

specific employee for specific 

behaviors when counseling or 

identifying behaviors they have 

engaged in that may be 

inappropriate. 

Measures

Compliance Indicator

A.3 - The agency assesses and ensures EEO principles are 

part of its culture.

Measure Met?

(Yes/No/NA) Comments

A.3.a

Does the agency provide recognition to employees, 

supervisors, managers, and units demonstrating superior 

accomplishment in equal employment opportunity? [see 29 

CFR § 1614.102(a) (9)] If “yes”, provide one or two 

examples in the comments section. 

Yes

A.3.b 

Does the agency utilize the Federal Employee Viewpoint 

Survey or other climate assessment tools to monitor the 

perception of EEO principles within the workforce? [see 5 

CFR Part 250]

Yes

Annually for FEVS and every two 

years for FHWA’s All Employee 

Survey. 

Essential Element B: Integration of EEO into the Agency's Strategic Mission

This element requires that the agency's EEO programs are structured to maintain a workplace that is free from 

discrimination and support the agency's strategic mission.

Measures

Compliance Indicator

B.1 - The reporting structure for the EEO program 

provides the principal EEO official with appropriate 

authority and resources to effectively carry out a 

successful EEO program.

Measure Met?

(Yes/No/NA) Comments
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 41 of 104 

Measures

Compliance Indicator

B.1 - The reporting structure for the EEO program 

provides the principal EEO official with appropriate 

authority and resources to effectively carry out a 

successful EEO program.

Measure Met?

(Yes/No/NA) Comments

B.1.a

Is the agency head the immediate supervisor of the person 

(“EEO Director”) who has day-to-day control over the EEO

office? [see 29 CFR §1614.102(b)(4)]

No

The Associate Administrator for 

Civil Rights reports to the Agency 

Executive Director who is the 

Agency’s top career employee. 

B.1.a.1 

If the EEO Director does not report to the agency head, does 

the EEO Director report to the same agency head designee as 

the mission- related programmatic offices? If “yes,” please 

provide the title of the agency head designee in the comments. 

Yes

The Associate Administrator for 

Civil Rights reports to the Executive 

Director. All Associate 

Administrators for all program 

offices in FHWA report to the 

Executive Director. The Executive 

Director is responsible for all 

workforce matters in the Agency. 

B.1.a.2 

Does the agency’s organizational chart clearly define the 

reporting structure for the EEO office? [see 29 CFR 

§1614.102(b)(4)]

Yes

B.1.b 

Does the EEO Director have a regular and effective means of 

advising the agency head and other senior management 

officials of the effectiveness, efficiency, and legal compliance 

of the agency’s EEO program? [see 29 CFR §1614.102(c)(1); 

MD-715 Instructions, Sec. I]

Yes

The Associate Administrator for 

Civil Rights participates in monthly 

Leadership Meetings that provide 

briefings to the head of the Agency. 

In addition, the Associate 

Administrator of Civil Rights 

provides regular briefings to the 

head of the Agency on all areas of 

Civil Rights. 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 42 of 104 

Measures

Compliance Indicator

B.1 - The reporting structure for the EEO program 

provides the principal EEO official with appropriate 

authority and resources to effectively carry out a 

successful EEO program.

Measure Met?

(Yes/No/NA) Comments

B.1.c 

During this reporting period, did the EEO Director present to 

the head of the agency, and other senior management officials, 

the "State of the agency" briefing covering the six essential 

elements of the model EEO program and the status of the 

barrier analysis process? [see MD-715 Instructions, Sec. I)]

If “yes”, please provide the date of the briefing in the 

comment’s column. 

Yes Briefing to the Deputy Administrator 

held on August 8, 2022. 

B.1.d 

Does the EEO Director regularly participate in senior-level

staff meetings concerning personnel, budget, technology, and 

other workforce issues? [see MD-715, II(B)]

Yes

The Associate Administrator for 

Civil Rights is a member of the 

leadership team and participated in 

all leadership meetings with other 

program leaders. 

Measures

Compliance Indicator

B.2 – The EEO Director controls all aspects of the EEO 

program.

Measure Met?

(Yes/No/NA) Comments

B.2.a

Is the EEO Director responsible for the implementation of a 

continuing affirmative employment program to promote EEO 

and to identify and eliminate discriminatory policies,

procedures, and practices? [see MD- 110, Ch. 1(III)(A); 29 

CFR §1614.102(c)]

Yes

B.2.b Is the EEO Director responsible for overseeing the completion

of EEO counseling [see 29 CFR §1614.102(c)(4)] Yes

B.2.c

Is the EEO Director responsible for overseeing the fair and 

thorough investigation of EEO complaints? [see 29 CFR

§1614.102(c)(5)] [This question may not be applicable for 

certain subordinate level components.]

N/A

The FHWA is a sub-reporting unit 

and is not responsible for 

investigations. Investigations are 

handled by the Departmental Office 

of Civil Rights. 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 43 of 104 

Measures

Compliance Indicator

B.2 – The EEO Director controls all aspects of the EEO 

program.

Measure Met?

(Yes/No/NA) Comments

B.2.d

Is the EEO Director responsible for overseeing the timely

issuance of final agency decisions? [see 29 CFR

§1614.102(c)(5)] [This question may not be applicable for 

certain subordinate level components.]

N/A

The FHWA is a sub-reporting unit 

and is not responsible for issuance of 

final Agency decisions. Final 

Agency decisions are issued by the 

Departmental Office of Civil Rights. 

B.2.e Is the EEO Director responsible for ensuring compliance with

EEOC orders? [see 29 CFR §§ 1614.102(e); 1614.502] Yes

The EEO Director is responsible for 

all aspects of compliance that fall 

within FHWA’s control as a subreporting unit. 

B.2.f

Is the EEO Director responsible for periodically evaluating 

the entire EEO program and providing recommendations for

improvement to the agency head? [see 29 CFR

§1614.102(c)(2)]

Yes

B.2.g

If the agency has subordinate level components, does the EEO

Director provide effective guidance and coordination for the 

components? [see 29 CFR §§ 1614.102(c)(2) and (c)(3)]

N/A This function is handled by the 

Departmental Office of Civil Rights. 

Measures

Compliance Indicator

B.3 - The EEO Director and other EEO professional staff 

are involved in, and consulted on, management/personnel

actions. 

Measure Met?

(Yes/No/NA) Comments

B.3.a

Do EEO program officials participate in agency meetings 

regarding workforce changes that might impact EEO issues, 

including strategic planning, recruitment strategies, vacancy 

projections, succession planning, and selections for

training/career development opportunities? [see MD-715, 

II(B)]

Yes

The EEO Director participates in the 

strategic planning meetings and 

makes sure there is FHWA Office of 

Civil Rights representation and gets 

briefings. The EEO Director also 

participates the Strategic Workforce 

Council, HOA meetings, Leadership 

meetings, etc. 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 44 of 104 

Measures

Compliance Indicator

B.3 - The EEO Director and other EEO professional staff 

are involved in, and consulted on, management/personnel

actions. 

Measure Met?

(Yes/No/NA) Comments

B.3.b 

Does the agency’s current strategic plan reference EEO / 

diversity and inclusion principles? [see MD-715, II(B)] If 

“yes”, please identify the EEO principles in the strategic plan 

in the comments column. 

Yes

In the FY 2022-26 FHWA Strategic 

Plan, FHWA will leverage cultural 

strategies to evolve its culture to 

meet the challenges of implementing 

the provisions in BIL and the 

Executive Orders issued by the 

Biden-Harris Administration, which 

includes cultivating a diverse 

workplace and an inclusive culture. 

Organizational excellence is listed as 

one of the goals and as such, FHWA 

commits to promoting diversity, 

equity, inclusion, and accessibility 

and to strengthening its focus on 

recruiting new and diverse talent to 

its workforce. 

Measures

Compliance Indicator

B.4 - The agency has sufficient budget and staffing to 

support the success of its EEO program.

Measure Met?

(Yes/No/NA) Comments

B.4.a Pursuant to 29 CFR §1614.102(a)(1), has the agency allocated 

sufficient funding and qualified staffing to successfully 

implement the EEO program, for the following areas: 

B.4.a.1 to conduct a self-assessment of the agency for possible 

program deficiencies? [see MD-715, II(D)]

Yes

B.4.a.2 to enable the agency to conduct a thorough barrier analysis of 

its workforce? [see MD-715, II(B)]

Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 45 of 104 

Measures

Compliance Indicator

B.4 - The agency has sufficient budget and staffing to 

support the success of its EEO program.

Measure Met?

(Yes/No/NA) Comments

B.4.a.3 to timely, thoroughly, and fairly process EEO complaints,

including EEO counseling, investigations, final agency 

decisions, and legal sufficiency reviews? [see 29 CFR § 

1614.102(c)(5) & 1614.105(b) – (f); MD-110, Ch. 1(IV)(D) & 

5(IV); MD-715, II(E)]

Yes

B.4.a.4 to provide all supervisors and employees with training on the 

EEO program, including but not limited to retaliation, 

harassment, religious accommodations, disability 

accommodations, the EEO complaint process, and ADR? [see

MD-715, II(B) and III(C)] If not, please identify the type(s) of 

training with insufficient funding in the comment’s column. 

Yes

B.4.a.5 to conduct thorough, accurate, and effective field audits of the 

EEO programs in components and the field offices, if

applicable? [see 29 CFR §1614.102(c)(2)]

Yes

B.4.a.6 to publish and distribute EEO materials (e.g. harassment

policies, EEO posters, reasonable accommodations

procedures)? [see MD-715, II(B)]

Yes

B.4.a.7 to maintain accurate data collection and tracking systems for 

the following types of data: Complaint tracking, workforce

demographics, and applicant flow data? [see MD-715, II(E)]. 

If not, please identify the systems with insufficient funding in

the comments section. 

Yes

B.4.a.8 to effectively administer its special emphasis programs (such

as, Federal Women’s Program, Hispanic Employment 

Program, and People with Disabilities Program Manager)? [5 

USC § 7201; 38 USC § 4214; 5 CFR § 720.204; 5 CFR § 

213.3102(t) and (u); 5 CFR § 315.709]

Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 46 of 104 

Measures

Compliance Indicator

B.4 - The agency has sufficient budget and staffing to 

support the success of its EEO program.

Measure Met?

(Yes/No/NA) Comments

B.4.a.9 to effectively manage its anti-harassment program? [see MD715 Instructions, Sec. I); EEOC Enforcement Guidance on 

Vicarious Employer Liability for Unlawful Harassment by 

Supervisors (1999), § V.C.1]

Yes

B.4.a.10 to effectively manage its reasonable accommodation program? 

[see 29 CFR § 1614.203(d)(4)(ii)]

Yes

B.4.a.11 to ensure timely and complete compliance with EEOC orders? 

[see MD- 715, II(E)]

Yes

B.4.b Does the EEO office have a budget that is separate from other 

offices within the agency? [see 29 CFR § 1614.102(a)(1)]

Yes

B.4.c Are the duties and responsibilities of EEO officials clearly

defined? [see MD-110, Ch. 1(III)(A), 2(III), & 6(III)]

Yes

B.4.d Does the agency ensure that all new counselors and 

investigators, including contractors and collateral duty 

employees, receive the required 32 hours of training, pursuant 

to Ch. 2(II)(A) of MD-110?

Yes

B.4.e Does the agency ensure that all experienced counselors and 

investigators, including contractors and collateral duty 

employees, receive the required 8 hours of annual refresher

training, pursuant to Ch. 2(II)(C) of MD-110?

Yes

Measures

Compliance Indicator

B.5 – The agency recruits, hires, develops, and retains 

supervisors and managers who have effective managerial, 

communications, and interpersonal skills. 

Measure Met?

(Yes/No/NA) Comments

B.5.a

Pursuant to 29 CFR § 1614.102(a)(5), have all managers and 

supervisors received training on their responsibilities under the 

following areas under the agency EEO program: 

B.5.a.1 EEO Complaint Process? [see MD-715(II)(B)] Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 47 of 104 

Measures

Compliance Indicator

B.5 – The agency recruits, hires, develops, and retains 

supervisors and managers who have effective managerial, 

communications, and interpersonal skills. 

Measure Met?

(Yes/No/NA) Comments

B.5.a.2 Reasonable Accommodation Procedures? [see 29 C.F.R. § 

1614.102(d)(3)] Yes

Managers and supervisors are 

made aware of the accommodation 

process through annual site visits, as 

well as through virtual training as 

part of the Manager and

Supervisor Forum. 

B.5.a.3 Anti-Harassment Policy? [see MD-715(II)(B)] Yes

B.5.a.4

Supervisory, managerial, communication, and interpersonal 

skills in order to supervise most effectively in a workplace 

with diverse employees and avoid disputes arising from

ineffective communications? [see MD-715, II(B)]

Yes

B.5.a.5

ADR, with emphasis on the Federal Government’s interest in

encouraging mutual resolution of disputes and the benefits 

associated with utilizing ADR? [see MD-715(II)(E)]

Yes

Measures

Compliance Indicator

B.6 – The agency involves managers in the 

implementation of its EEO program.

Measure Met?

(Yes/No/NA) Comments

B.6.a

Are senior managers involved in the implementation of 

Special Emphasis Programs? [see MD-715 Instructions, 

Sec. I]

Yes

B.6.b Do senior managers participate in the barrier analysis

process? [see MD-715 Instructions, Sec. I] Yes

B.6.c

When barriers are identified, do senior managers assist in

developing agency EEO action plans (Part I, Part J, or the 

Executive Summary)? [see MD-715 Instructions, Sec. I]

Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 48 of 104 

Measures

Compliance Indicator

B.6 – The agency involves managers in the 

implementation of its EEO program.

Measure Met?

(Yes/No/NA) Comments

B.6.d

Do senior managers successfully implement EEO Action 

Plans and incorporate the EEO Action Plan Objectives into

agency strategic plans? [29 CFR § 1614.102(a)(5)]

Yes

Essential Element C: Management and Program Accountability

This element requires the agency head to hold all managers, supervisors, and EEO officials responsible for the effective 

implementation of the agency's EEO Program and Plan. 

Measures

Compliance Indicator

C.1 – The agency conducts regular internal audits of its 

component and field offices. 

Measure Met?

(Yes/No/NA) Comments

C.1.a

Does the agency regularly assess its component and field 

offices for possible EEO program deficiencies? [see 29 CFR

§1614.102(c)(2)] If ”yes”, please provide the schedule for 

conducting audits in the comments section. 

Yes

C.1.b

Does the agency regularly assess its component and field

offices on their efforts to remove barriers from the 

workplace? [see 29 CFR § 1614.102 (c)(2)] If ”yes”, please

provide the schedule for conducting audits in the comments 

section. 

Yes

The FHWA annually conducts 

assessments on the Agency’s efforts 

to remove barriers from the 

workplace. 

C.1.c

Do the component and field offices make reasonable efforts

to comply with the recommendations of the field audit? 

[see MD-715, II(C)]

Yes

Measures

Compliance Indicator

C.2 – The agency has established procedures to prevent 

all forms of EEO discrimination.

Measure Met?

(Yes/No/NA) Comments
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 49 of 104 

Measures

Compliance Indicator

C.2 – The agency has established procedures to prevent 

all forms of EEO discrimination.

Measure Met?

(Yes/No/NA) Comments

C.2.a

Has the agency established comprehensive anti-harassment

policy and procedures that comply with EEOC’s enforcement 

guidance? [see MD- 715, II(C); Enforcement Guidance on 

Vicarious Employer Liability for Unlawful Harassment by 

Supervisors (Enforcement Guidance), EEOC No. 915.002, § 

V.C.1 (June 18, 1999)]

Yes

C.2.a.1

Does the anti-harassment policy require corrective action to

prevent or eliminate conduct before it rises to the level of 

unlawful harassment? [see EEOC Enforcement Guidance on 

Vicarious Employer Liability for Unlawful Harassment by 

Supervisors (1999), § V.C.1]

Yes

C.2.a.2

Has the agency established a firewall between the AntiHarassment Coordinator and the EEO Director? [see EEOC

Report, Model EEO Program Must Have an Effective AntiHarassment Program (2006]

Yes

C.2.a.3

Does the agency have a separate procedure (outside the EEO

complaint process) to address harassment allegations? [see 

Enforcement Guidance on Vicarious Employer Liability for 

Unlawful Harassment by Supervisors (Enforcement 

Guidance), EEOC No. 915.002, § V.C.1 (June 18, 1999)]

Yes

C.2.a.4

Does the agency ensure that the EEO office informs the antiharassment program of all EEO counseling activity alleging

harassment? [see Enforcement Guidance, V.C.]

Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 50 of 104 

Measures

Compliance Indicator

C.2 – The agency has established procedures to prevent 

all forms of EEO discrimination.

Measure Met?

(Yes/No/NA) Comments

C.2.a.5

Does the agency conduct a prompt inquiry (beginning within 

10 days of notification) of all harassment allegations,

including those initially raised in the EEO complaint 

process? [see Complainant v. Dep’t of Veterans Affairs, 

EEOC Appeal No. 0120123232 (May 21, 2015); 

Complainant v. Dep’t of Defense (Defense Commissary 

Agency), EEOC Appeal No. 0120130331 (May 29, 2015)] If

“no”, please provide the percentage of timely-processed 

inquiries in the comments column. 

Yes

C.2.a.6

Do the agency’s training materials on its anti-harassment

policy include examples of disability-based harassment? [see

29 CFR 1614.203(d)(2)]

Yes

C.2.b

Has the agency established disability reasonable 

accommodation procedures that comply with EEOC’s

regulations and guidance? [see 29 CFR 1614.203(d)(3)] 

Yes

The FHWA drafted procedures and 

they are under final internal review. 

Pending approval, FHWA is 

following DOT Order 1101.1B, 

which complies with EEOC’s 

regulations and guidance. 

C.2.b.1

Is there a designated agency official or other mechanism in

place to coordinate or assist with processing requests for 

disability accommodations throughout the agency? [see 29 

CFR 1614.203(d)(3)(D)]

Yes

C.2.b.2

Has the agency established a firewall between the 

Reasonable Accommodation Program Manager and the EEO

Director? [see MD-110, Ch. 1(IV)(A)] 

Yes

C.2.b.3

Does the agency ensure that job applicants can request and

receive reasonable accommodations during the application 

and placement processes? [see 29 CFR 

1614.203(d)(1)(ii)(B)] 

Yes

For job applicants, the decisionmaker

is the Executive Agent within the 

Office of Human Resources 

associated with the vacancy for the 

application process. 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 51 of 104 

Measures

Compliance Indicator

C.3 - The agency evaluates managers and supervisors on 

their efforts to ensure equal employment opportunity. 

Measure Met?

(Yes/No/NA) Comments

C.3.a

Pursuant to 29 CFR §1614.102(a)(5), do all managers and

supervisors have an element in their performance appraisal 

that evaluates their commitment to agency EEO policies and 

principles and their participation in the EEO program?

Yes

Measures

Compliance Indicator

C.2 – The agency has established procedures to prevent 

all forms of EEO discrimination.

Measure Met?

(Yes/No/NA) Comments

C.2.b.4

Do the reasonable accommodation procedures clearly state 

that the agency should process the request within a maximum 

amount of time (e.g., 20 business days), as established by the 

agency in its affirmative action plan? [see 29 CFR

1614.203(d)(3)(i)(M)]

Yes

If a decision is made to either grant 

or deny, the decisionmaker must 

communicate this decision in writing 

at least within 25-business days 

absent extenuating circumstances 

since receipt of request. 

C.2.b.5

Does the agency process all accommodation requests within 

the time frame set forth in its reasonable accommodation 

procedures? [see MD- 715, II(C)] If “no”, please provide the 

percentage of timely-processed requests in the comments 

column. 

No

The DOT Order indicates a 25-

business day timeframe unless there 

are extenuating circumstances. 31% 

of accommodations within RAMs in 

FY 22 met the 25-day timeframe. 

C.2.c

Has the agency established procedures for processing 

requests for personal assistance services that comply with 

EEOC’s regulations, enforcement guidance, and other

applicable executive orders, guidance, and standards? [see 29 

CFR 1614.203(d)(6)]

Yes The FHWA currently follows the 

Department’s procedures. 

C.2.c.1

Does the agency post its procedures for processing requests 

for Personal Assistance Services on its public Website? [see 

29 CFR § 1614.203(d)(5)(v)] If “yes”, please provide the 

internet address in the comments column. 

Yes

https://www.transportation.gov/drc/p

ersonal-assistance-as-reasonableaccommodation
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 52 of 104 

Measures

Compliance Indicator

C.3 - The agency evaluates managers and supervisors on 

their efforts to ensure equal employment opportunity. 

Measure Met?

(Yes/No/NA) Comments

C.3.b

Does the agency require rating officials to evaluate the 

performance of managers and supervisors based on the 

following activities: 

C.3.b.1

Resolve EEO problems/disagreements/conflicts, including 

the participation in ADR proceedings? [see MD-110, Ch. 

3.I]

Yes

C.3.b.2

Ensure full cooperation of employees under his/her 

supervision with EEO officials, such as counselors and 

investigators? [see 29 CFR § 1614.102 (b)(6)]

Yes

The FHWA is not aware of any 

instances in which an employee has 

failed to cooperate fully with EEO 

officials, but would address such a 

situation through the coordinated 

efforts of the rating official, HCR, 

HCC, and ER, holding the employee 

accountable through the performance 

or misconduct system as appropriate. 

In FY22, FHWA made efforts to 

formalize oversight of this effort 

through the development of a related 

CJE that will be added to managers’ 

performance plans. 

C.3.b.3

Ensure a workplace that is free from all forms of 

discrimination, including harassment and retaliation? [see 

MD-715, II(C)]

Yes

C.3.b.4

Ensure that subordinate supervisors have effective 

managerial, communication, and interpersonal skills to

supervise in a workplace with diverse employees? [see MD715 Instructions, Sec. I]

Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 53 of 104 

Measures

Compliance Indicator

C.3 - The agency evaluates managers and supervisors on 

their efforts to ensure equal employment opportunity. 

Measure Met?

(Yes/No/NA) Comments

C.3.b.5

Provide religious accommodations when such

accommodations do not cause an undue hardship? [see 29 

CFR §1614.102(a)(7)]

Yes

C.3.b.6

Provide disability accommodations when such

accommodations do not cause an undue hardship? [ see 29 

CFR §1614.102(a)(8)]

Yes

C.3.b.7 Support the EEO program in identifying and removing 

barriers to equal opportunity. [see MD-715, II(C)] Yes

C.3.b.8

Support the anti-harassment program in investigating and

correcting harassing conduct. [see Enforcement Guidance, 

V.C.2]

Yes

C.3.b.9

Comply with settlement agreements and orders issued by the 

agency, EEOC, and EEO-related cases from the Merit 

Systems Protection Board, labor arbitrators, and the Federal

Labor Relations Authority? [see MD-715, II(C)]

Yes

C.3.c

Does the EEO Director recommend to the agency head

improvements or corrections, including remedial or 

disciplinary actions, for managers and supervisors who have 

failed in their EEO responsibilities? [see 29 CFR 

§1614.102(c)(2)]

Yes

C.3.d

When the EEO Director recommends remedial or disciplinary

actions, are the recommendations regularly implemented by 

the agency? [see 29 CFR §1614.102(c)(2)]

Yes

Measures

Compliance Indicator

C.4 – The agency ensures effective coordination between 

its EEO programs and Human Resources (HR) program.

Measure Met?

(Yes/No/NA) Comments
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 54 of 104 

Measures

Compliance Indicator

C.4 – The agency ensures effective coordination between 

its EEO programs and Human Resources (HR) program.

Measure Met?

(Yes/No/NA) Comments

C.4.a

Do the HR Director and the EEO Director meet regularly to 

assess whether personnel programs, policies, and procedures 

conform to EEOC laws, instructions, and management

directives? [see 29 CFR

§1614.102(a)(2)]

Yes

C.4.b

Has the agency established timetables/schedules to review at 

regular intervals its merit promotion program, employee 

recognition awards program, employee development/training 

programs, and management/personnel policies, procedures, 

and practices for systemic barriers that may be impeding full

participation in the program by all EEO groups? [see MD715 Instructions, Sec. I]

Yes

C.4.c

Does the EEO office have timely access to accurate and

complete data (e.g., demographic data for workforce, 

applicants, training programs, etc.) required to prepare the 

MD-715 workforce data tables? [see 29 CFR § 1614.601(a)]

Yes

C.4.d

Does the HR office timely provide the EEO office with

access to other data (e.g., exit interview data, climate 

assessment surveys, and grievance data), upon request? [see 

MD-715, II(C)]

Yes

C.4.e

Pursuant to Section II(C) of MD-715, does the EEO office 

collaborate with the HR office to: 

C.4.e.1 Implement the Affirmative Action Plan for Individuals with 

Disabilities? [see 29 CFR §1614.203(d); MD-715, II(C)] Yes

C.4.e.2 Develop and/or conduct outreach and recruiting initiatives? 

[see MD- 715, II(C)] Yes

C.4.e.3 Develop and/or provide training for managers and

employees? [see MD- 715, II(C)] Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 55 of 104 

Measures

Compliance Indicator

C.4 – The agency ensures effective coordination between 

its EEO programs and Human Resources (HR) program.

Measure Met?

(Yes/No/NA) Comments

C.4.e.4 Identify and remove barriers to equal opportunity in the 

workplace? [see MD-715, II(C)] Yes

C.4.e.5 Assist in preparing the MD-715 report? [see MD-715, II(C)] Yes

Measures

Compliance Indicator

C.5 - Following a finding of discrimination, the agency 

explores whether it should take a disciplinary action.

Measure Met?

(Yes/No/NA) Comments

C.5.a

Does the agency have a disciplinary policy and/or table of 

penalties that covers discriminatory conduct? [see 29 CFR § 

1614.102(a)(6); see also Douglas v. Veterans Administration, 

5 MSPR 280 (1981)]

Yes

C.5.b

When appropriate, does the agency discipline or sanction

managers and employees for discriminatory conduct? [see 

29 CFR §1614.102(a)(6)] If “yes”, please state the number of 

disciplined/sanctioned individuals during this reporting

period in the comments. 

Yes

C.5.c

If the agency has a finding of discrimination (or settles cases

in which a finding was likely), does the agency inform 

managers and supervisors about the discriminatory conduct? 

[see MD-715, II(C)]

Yes

Measures

Compliance Indicator

C.6 – The EEO office advises managers/supervisors on 

EEO matters.

Measure Met?

(Yes/No/NA) Comments
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 56 of 104 

Measures

Compliance Indicator

C.6 – The EEO office advises managers/supervisors on 

EEO matters.

Measure Met?

(Yes/No/NA) Comments

C.6.a

Does the EEO office provide management/supervisory 

officials with regular EEO updates on at least an annual 

basis, including EEO complaints, workforce demographics 

and data summaries, legal updates, barrier analysis plans, and 

special emphasis updates? [see MD-715 Instructions, Sec. I]

If “yes”, please identify the frequency of the EEO updates in 

the comments column. 

Yes

This is briefed annually within 

FHWA, and the information is 

posted on our Website. 

C.6.b

Are EEO officials readily available to answer managers’ and

supervisors’ questions or concerns? [see MD-715 

Instructions, Sec. I]

Yes

Essential Element D: Proactive Prevention

This element requires that the agency head make early efforts to prevent discrimination and to identify and eliminate barriers 

to equal employment opportunity.

Measures

Compliance Indicator

D.1 - The agency conducts a reasonable assessment to 

monitor progress towards achieving equal employment 

opportunity throughout the year.

Measure Met?

(Yes/No/NA) Comments

D.1.a Does the agency have a process for identifying triggers in the 

workplace? [see MD-715 Instructions, Sec. I] Yes

D.1.b

Does the agency regularly use the following sources of 

information for trigger identification: Workforce data; 

complaint/grievance data; exit surveys; employee climate

surveys; focus groups; affinity groups; union; program 

evaluations; special emphasis programs; reasonable 

accommodation program; anti-harassment program; and/or 

external special interest groups? [see MD-715 Instructions, 

Sec. I]

Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 57 of 104 

Measures

Compliance Indicator

D.1 - The agency conducts a reasonable assessment to 

monitor progress towards achieving equal employment 

opportunity throughout the year.

Measure Met?

(Yes/No/NA) Comments

D.1.c

Does the agency conduct exit interviews or surveys that 

include questions on how the agency could improve the 

recruitment, hiring, inclusion, retention, and advancement of 

individuals with disabilities? [see 29 CFR

1614.203(d)(1)(iii)(C)]

Yes

The DOT has a DOT-wide exit 

survey and resumed providing 

survey data in FY 22, after an 

approximately three-year absence of 

available data. The FHWA does not 

require exit interviews, but managers 

can perform the interviews at their 

discretion. 

Measures 

Compliance Indicator

D.2 - The agency identifies areas where barriers may 

exclude EEO groups (reasonable basis to act.)

Measure Met?

(Yes/No/NA) Comments

D.2.a Does the agency have a process for analyzing the identified

triggers to find possible barriers? [see MD-715, (II)(B)] Yes

D.2.b

Does the agency regularly examine the impact of 

management/personnel policies, procedures, and practices by 

race, national origin, sex, and disability? [see 29 CFR 

§1614.102(a)(3)]

Yes

D.2.c

Does the agency consider whether any group of employees 

or applicants might be negatively impacted prior to making 

human resource decisions, such as re-organizations and 

realignments? [see 29 CFR §1614.102(a)(3)]

Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 58 of 104 

Measures 

Compliance Indicator

D.2 - The agency identifies areas where barriers may 

exclude EEO groups (reasonable basis to act.)

Measure Met?

(Yes/No/NA) Comments

D.2.d

Does the agency regularly review the following sources of

information to find barriers: Complaint/grievance data, exit 

surveys, employee climate surveys, focus groups, affinity 

groups, union, program evaluations, anti- harassment 

program, special emphasis programs, reasonable 

accommodation program; anti-harassment program; and/or 

external special interest groups? [see MD-715 Instructions, 

Sec. I] If “yes”, please identify the data sources in the 

comments column. 

Yes

Complaint/grievance data, employee 

climate surveys, focus groups, 

affinity groups, anti-harassment 

program, special emphasis programs, 

and the reasonable accommodation 

program. Note: The FHWA does 

not have unions. 

Measures

Compliance Indicator 

D.3 – The agency establishes appropriate action plans to 

remove identified barriers.

Measure Met?

(Yes/No/NA) Comments

D.3.a.

Does the agency effectively tailor action plans to address the 

identified barriers, in particular policies, procedures, or 

practices? [see 29 CFR §1614.102(a)(3)]

Yes

D.3.b

If the agency identified one or more barriers during the 

reporting period, did the agency implement a plan in Part I, 

including meeting the target dates for the planned activities? 

[see MD-715, II(D)]

Yes

D.3.c Does the agency periodically review the effectiveness of the 

plans? [see MD-715, II(D)] Yes

Measures

Compliance Indicator

D.4 – The agency has an affirmative action plan for 

people with disabilities, including those with targeted 

disabilities.

Measure Met?

(Yes/No/NA) Comments

D.4.a

Does the agency post its affirmative action plan on its public 

Website? [see 29 CFR 1614.203(d)(4)] Please provide the 

internet address in the comments. 

Yes www.fhwa.dot.gov/civilrights/
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 59 of 104 

Measures

Compliance Indicator

D.4 – The agency has an affirmative action plan for 

people with disabilities, including those with targeted 

disabilities.

Measure Met?

(Yes/No/NA) Comments

D.4.b

Does the agency take specific steps to ensure qualified people 

with disabilities are aware of and encouraged to apply for job 

vacancies? [see 29 CFR 1614.203(d)(1)(i)]

Yes

D.4.c

Does the agency ensure that disability-related questions from

members of the public are answered promptly and correctly? 

[see 29 CFR 1614.203(d)(1)(ii)(A)]

Yes

D.4.d

Has the agency taken specific steps that are reasonably 

designed to increase the number of PWD or targeted

disabilities employed at the agency until it meets the goals? 

[see 29 CFR 1614.203 (d)(7)(ii)]

Yes

Essential Element E: Efficiency

This element requires the agency head to ensure that there are effective systems for evaluating the impact and effectiveness of 

the agency's EEO programs and an efficient and fair dispute resolution process.

Measures

Compliance Indicator

E.1 - The agency maintains an efficient, fair, and 

impartial complaint resolution process.

Measure Met?

(Yes/No/NA) Comments

E.1.a Does the agency timely provide EEO counseling, pursuant to

29 CFR §1614.105? Yes

E.1.b

Does the agency provide written notification of rights and

responsibilities in the EEO process during the initial 

counseling session, pursuant to 29 CFR §1614.105(b)(1)?

Yes

E.1.c

Does the agency issue acknowledgment letters immediately

upon receipt of a formal complaint, pursuant to MD-110, Ch. 

5(I)?

N/A

The FHWA is a sub-reporting unit 

and is not responsible for 

investigations. Investigations are 

handled by the Departmental Office 

of Civil Rights. 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 60 of 104 

Measures

Compliance Indicator

E.1 - The agency maintains an efficient, fair, and 

impartial complaint resolution process.

Measure Met?

(Yes/No/NA) Comments

E.1.d

Does the agency issue acceptance letters/dismissal decisions 

within a reasonable time (e.g., 60 days) after receipt of the 

written EEO Counselor report, pursuant to MD-110, Ch. 

5(I)? If so, please provide the average processing time in the 

comments. 

N/A

The FHWA is a sub-reporting unit 

and is not responsible for 

investigations. Investigations are 

handled by the Departmental Office 

of Civil Rights. 

E.1.e

Does the agency ensure all employees fully cooperate with 

EEO counselors and EEO personnel in the EEO process, 

including granting routine access to personnel records related

to an investigation, pursuant to 29 CFR §1614.102(b)(6)?

Yes

E.1.f

Does the agency timely complete investigations, pursuant to

29 CFR §1614.108? N/A

The FHWA is a sub-reporting unit 

and is not responsible for 

investigations. Investigations are 

handled by the Departmental Office 

of Civil Rights. 

E.1.g

If the agency does not timely complete investigations, does 

the agency notify complainants of the date by which the 

investigation will be completed and of their right to request a 

hearing or file a lawsuit, pursuant to 29 CFR §1614.108(g)?

N/A

The FHWA is a sub-reporting unit 

and is not responsible for 

investigations. Investigations are 

handled by the Departmental Office 

of Civil Rights. 

E.1.h

When the complainant does not request a hearing, does the 

agency timely issue the final agency decision, pursuant to 29 

CFR §1614.110(b)?

N/A

The FHWA is a sub-reporting unit 

and is not responsible for 

investigations. Investigations are 

handled by the Departmental Office 

of Civil Rights. 

E.1.i

Does the agency timely issue final actions following receipt 

of the hearing file and the administrative judge’s decision, 

pursuant to 29 CFR §1614.110(a)?

N/A

The FHWA is a sub-reporting unit 

and is not responsible for 

investigations. Investigations are 

handled by the Departmental Office 

of Civil Rights. 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 61 of 104 

Measures

Compliance Indicator

E.1 - The agency maintains an efficient, fair, and 

impartial complaint resolution process.

Measure Met?

(Yes/No/NA) Comments

E.1.j

If the agency uses contractors to implement any stage of the 

EEO complaint process, does the agency hold them 

accountable for poor work product and/or delays? [See MD110, Ch. 5(V)(A)] If “yes”, please describe how in the 

comments column. 

N/A

The FHWA is a sub-reporting unit 

and is not responsible for 

investigations. Investigations are 

handled by the Departmental Office 

of Civil Rights. 

E.1.k

If the agency uses employees to implement any stage of the 

EEO complaint process, does the agency hold them 

accountable for poor work product and/or delays during 

performance review? [See MD-110, Ch. 5(V)(A)]

Yes

E.1.l

Does the agency submit complaint files and other documents 

in the proper format to EEOC through the Federal Sector 

EEO Portal (FedSEP)? [See 29 CFR § 1614.403(g)]

Yes

Measures Compliance Indicator

E.2 – The agency has a neutral EEO process.

Measure Met?

(Yes/No/NA)

Comments

Revised Indicator

E.2.a

Has the agency established a clear separation between its 

EEO complaint program and its defensive function? [see 

MD-110, Ch.1(IV)(D)]

Yes

E.2.b

When seeking legal sufficiency reviews, does the EEO office 

have access to sufficient legal resources separate from the 

agency representative? [see MD-110, Ch. 1(IV)(D)] If “yes”, 

please identify the source/location of the attorney who 

conducts the legal sufficiency review in the comments 

column. 

N/A

The FHWA is a sub-reporting unit 

and is not responsible for 

investigations. Legal sufficiency 

reviews are handled by the 

Departmental Office of Civil Rights. 

E.2.c

If the EEO office relies on the agency’s defensive function to 

conduct the legal sufficiency review, is there a firewall 

between the reviewing attorney and the agency 

representative? [see MD-110, Ch. 1(IV)(D)]

N/A

The FHWA is a sub-reporting unit 

and is not responsible for 

investigations. Legal sufficiency 

reviews are handled by the 

Departmental Office of Civil Rights. 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 62 of 104 

Measures Compliance Indicator

E.2 – The agency has a neutral EEO process.

Measure Met?

(Yes/No/NA)

Comments

Revised Indicator

E.2.d

Does the agency ensure that its agency representative does 

not intrude upon EEO counseling, investigations, and final 

agency decisions? [see MD-110, Ch. 1(IV)(D)]

Yes

E.2.e

If applicable, are processing time frames incorporated for the 

legal counsel’s sufficiency review for timely processing of 

complaints? [see EEOC Report, Attaining a Model Agency 

Program: Efficiency (Dec. 1, 2004)]

N/A

The FHWA is a sub-reporting unit 

and is not responsible for 

investigations. Legal sufficiency 

reviews are handled by the 

Departmental Office of Civil Rights. 

Measures

Compliance Indicator

E.3 - The agency has established and encouraged the 

widespread use of a fair alternative dispute resolution 

(ADR) program.

Measure Met?

(Yes/No/NA) Comments

E.3.a

Has the agency established an ADR program for use during 

both the pre-complaint and formal complaint stages of the 

EEO process? [see 29 CFR §1614.102(b)(2)]

Yes

E.3.b

Does the agency require managers and supervisors to

participate in ADR once it has been offered? [see MD-715, 

II(A)(1)]

Yes

E.3.c Does the agency encourage all employees to use ADR, where

ADR is appropriate? [see MD-110, Ch. 3(IV)(C)] Yes

E.3.d

Does the agency ensure a management official with

settlement authority is accessible during the dispute 

resolution process? [see MD-110, Ch. 3(III)(A)(9)]

Yes

E.3.e

Does the agency prohibit the responsible management official

named in the dispute from having settlement authority? [see 

MD-110, Ch. 3(I)] 

Yes

E.3.f Does the agency annually evaluate the effectiveness of its

ADR program? [see MD-110, Ch. 3(II)(D)] Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 63 of 104 

Measures

Compliance Indicator

E.4 – The agency has effective and accurate data 

collection systems in place to evaluate its EEO program.

Measure Met?

(Yes/No/NA) Comments

E.4.a Does the agency have systems in place to accurately collect,

monitor, and analyze the following data: 

E.4.a.1

Complaint activity, including the issues and bases of the 

complaints, the aggrieved individuals/complainants, and the 

involved management official? [see MD-715, II(E)]

Yes

E.4.a.2 The race, national origin, sex, and disability status of agency 

employees? [see 29 CFR §1614.601(a)] Yes

E.4.a.3 Recruitment activities? [see MD-715, II(E)] Yes

The FHWA Office of Civil Rights, 

Human Resources’ Recruitment, 

Outreach and Diversity (ROaD) 

Team is able to collect and analyze 

data from Monster Analytics to 

compare application rates before and 

after events. 

E.4.a.4

External and internal applicant flow data concerning the 

applicants’ race, national origin, sex, and disability status? 

[see MD-715, II(E)]

Yes

E.4.a.5 The processing of requests for reasonable accommodation? 

[29 CFR § 1614.203(d)(4)] Yes

E.4.a.6

The processing of complaints for the anti-harassment

program? [see EEOC Enforcement Guidance on Vicarious 

Employer Liability for Unlawful Harassment by Supervisors 

(1999), § V.C.2]

Yes

E.4.b Does the agency have a system in place to re-survey the 

workforce on a regular basis? [MD-715 Instructions, Sec. I] Yes

Measures

Compliance Indicator

E.5 – The agency identifies and disseminates significant 

trends and best practices in its EEO program.

Measure Met?

(Yes/No/NA) Comments
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 64 of 104 

Measures

Compliance Indicator

E.5 – The agency identifies and disseminates significant 

trends and best practices in its EEO program.

Measure Met?

(Yes/No/NA) Comments

E.5.a

Does the agency monitor trends in its EEO program to 

determine whether the agency is meeting its obligations under 

the statutes EEOC enforces? [see MD-715, II(E)] If “yes”, 

provide an example in the comments. 

Yes

Reviews Annual Federal Equal 

Employment Opportunity Statistical 

Report of Discrimination Complaints 

(EEOC Form 462) to develop and 

provide training in EEO areas and 

track trends. 

E.5.b

Does the agency review other agencies’ best practices and

adopt them, where appropriate, to improve the effectiveness 

of its EEO program? [see MD-715, II(E)] If “yes”, provide 

an example in the comments. 

Yes

Adopted a best practice from GSA: 

EEO counselors now provide the 

initial contact form to Aggrieved 

Persons for them to review for 

accuracy of EEO allegations. 

E.5.c

Does the agency compare its performance in the EEO process

to other Federal Agencies of similar size? [see MD-715, 

II(E)]

Yes

Essential Element F: Responsiveness and Legal Compliance

This element requires federal agencies to comply with EEO statutes and EEOC regulations, policy guidance, and other written 

instructions.

Measures

Compliance Indicator

F.1 - The agency has processes in place to ensure timely 

and full compliance with EEOC Orders and settlement 

agreements.

Measure Met?

(Yes/No/NA) Comments

F.1.a

Does the agency have a system of management controls to

ensure that its officials timely comply with EEOC 

orders/directives and final agency actions? [see 29 CFR 

§1614.102(e); MD-715, II(F)]

Yes

F.1.b

Does the agency have a system of management controls to

ensure the timely, accurate, and complete compliance with 

resolutions/settlement agreements? [see MD-715, II(F)]

Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 65 of 104 

Measures

Compliance Indicator

F.1 - The agency has processes in place to ensure timely 

and full compliance with EEOC Orders and settlement 

agreements.

Measure Met?

(Yes/No/NA) Comments

F.1.c

Are there procedures in place to ensure the timely and

predictable processing of ordered monetary relief? [see 

MD-715, II(F)]

Yes

F.1.d Are procedures in place to process other forms of ordered

relief promptly? [see MD-715, II(F)] Yes

F.1.e

When EEOC issues an order requiring compliance by the 

agency, does the agency hold its compliance officer(s) 

accountable for poor work product and/or delays during 

performance review? [see MD-110, Ch. 9(IX)(H)]

Yes

Measures

Compliance Indicator

F.2 – The agency complies with the law, including 

EEOC regulations, management directives, orders, and 

other written instructions.

Measure Met?

(Yes/No/NA) Comments

F.2.a Does the agency timely respond and fully comply with

EEOC orders? [see 29 CFR §1614.502; MD-715, II(E)] Yes

The Agency has timely responded to 

and complied with all final EEOC 

orders. In one pending matter, 

EEOC has requested clarification of 

the status of FHWA’s compliance 

with an order related to a finding of 

discrimination. The FHWA 

submitted its statement as ordered 

and is awaiting a response from the 

EEOC. 

F.2.a.1

When a complainant requests a hearing, does the agency

timely forward the investigative file to the appropriate 

EEOC hearing office? [see 29 CFR §1614.108(g)]

N/A This function is handled by the 

Departmental Office of Civil Rights.
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 66 of 104 

Measures

Compliance Indicator

F.2 – The agency complies with the law, including 

EEOC regulations, management directives, orders, and 

other written instructions.

Measure Met?

(Yes/No/NA) Comments

F.2.a.2

When there is a finding of discrimination that is not the 

subject of an appeal by the agency, does the agency ensure 

timely compliance with the orders of relief? [see 29 CFR 

§1614.501]

Yes

F.2.a.3

When a complainant files an appeal, does the agency timely

forward the investigative file to EEOC’s Office of Federal 

Operations? [see 29 CFR §1614.403(e)]

N/A This function is handled by the 

Departmental Office of Civil Rights. 

F.2.a.4

Pursuant to 29 CFR §1614.502, does the agency promptly 

provide EEOC with the required documentation for

completing compliance?

Yes

Measures

Compliance Indicator

F.3 - The agency reports to EEOC its program efforts 

and accomplishments.

Measure Met?

(Yes/No/NA) Comments

F.3.a Does the agency timely submit to EEOC an accurate and

complete No FEAR Act report? [Public Law 107-174 (May 

15, 2002), §203(a)]

Yes This function is handled by the 

Departmental Office of Civil Rights.

F..3.b Does the agency timely post on its public Webpage its

quarterly No FEAR Act data? [see 29 CFR §1614.703(d)]

Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 67 of 104 

MD-715 – Part H

Part H-1 

Agency EEO Plan To Attain The Essential Elements of a Model EEO Program

Please describe the status of each plan that the agency has implemented to correct deficiencies

in the EEO program. 

 If the agency did not address any deficiencies during the reporting period, please check the 

box. 

Statement of Model Program Essential Element Deficiency

Type of Program Deficiency Brief Description of Program Deficiency

Agency does not conduct 

trend analysis on workforce 

data

The FHWA has not completed a three-year trend analysis for the 

workforce compensation and reward system by race, national 

origin, sex, and disability. 

Objective(s) and Dates for EEO Plan

Date Initiated 

(mm/dd/yyyy) Objective Target Date (mm/dd/yyyy)

Modified Date 

(mm/dd/yyyy)

Date 

Completed 

(mm/dd/yyyy)

12/15/2005

To conduct trend analyses 

for workforce 

compensation and reward 

system by race, national 

origin, sex, and disability. 

09/30/2017 9/30/2023 Complete

Responsible Official(s)

Title Name

Performance Standards 

Addressthe Plan? 

(Yes or No)

Director, Office of Human 

Resources David Lewis Yes

Operations Team Leader, 

Office of Civil Rights Tanya Emam Yes

Planned Activities Toward Completion of Objective

Target

Date 

(mm/dd/

yyyy)

Planned Activities

Sufficient 

Funding & 

Staffing? 

(Yes or No)

Modifie

d Date 

(mm/dd/

yyyy)

Completion 

Date 

(mm/dd/yyy

y)

09/30/ 

2017

The FHWA Office of Civil Rights, in 

continued partnership with HR, will 

conduct annual barrier analyses by race, 

national origin and sex on workforce 

compensation and awards for the last 3-5 

years.

Yes 09/30/ 

2022

05/30/ 

2022 

Complete
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 68 of 104 

Report of Accomplishments

FY Accomplishment

2022

The Agency conducted Barrier Analysis in compensation and awards. The process 

identified triggers highlighted in Part I of this report. A team approach was used to 

review workforce tables and the appropriate benchmarks were identified. A 3-5-

year trend was established to outline rates above and/or above the EEOC 

benchmark. Policies and procedures were reviewed and interviews with Office of 

Human Resources, Office of Civil Rights, Employee Resource Groups, and the 

Diversity Equity Inclusion Officer were held. See Part I for specifics. 

Part H-2 

Agency EEO Plan to Attain the Essential Elements of a Model EEO Program 

Please describe the status of each plan that the agency has implemented to correct deficiencies 

in the EEO program. 

 If the agency did not address any deficiencies during the reporting period, please check the 

box. 

Statement of Model Program Essential Element Deficiency

Type of Program Deficiency Brief Description of Program Deficiency

Evaluating the effectiveness of the 

Agency’s ADR program in alignment 

with OST and in accordance with 

Management Directive (MD)-110, Ch. 

3(II)(D). 

The FHWA does not annually evaluate the 

effectiveness of its ADR Program. 

Objective(s) and Dates for EEO Plan

Date Initiated 

(mm/dd/yyyy) Objective Target Date (mm/dd/yyyy) 

Modified 

Date 

(mm/dd/yyyy) 

Date 

Completed 

(mm/dd/yyyy) 

08/23/2021

To evaluate the 

effectiveness of FHWA’s 

ADR Program

09/30/2023

Responsible Official(s)

Title Name Performance Standards 

Address the Plan? (Yes or No)

EEO and Special Emphasis 

Program Manager, Office of 

Civil Rights

Nikisha Bennett Yes

Operations Team Leader, 

Office of Civil Rights Tanya Emam Yes

Planned Activities Toward Completion of Objective 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 69 of 104 

Target Date 

(mm/dd/yyyy) Planned Activities

Sufficient 

Funding 

& 

Staffing? 

(Yes or 

No)

Modified 

Date 

(mm/dd/yyyy)

Completion 

Date 

(mm/dd/yyyy)

03/01/2022 

Develop a survey to be 

disseminated to FHWA 

employees who participate in 

the EEO Complaint Process. 

Yes 02/28/2022 

09/30/2023 Analyze survey data on an 

annual basis. Yes

Report of Accomplishments

FY Accomplishments

2022

MS Forms Survey was developed in February 2022 and disseminated to 

individuals that participated in the EEO Complaints Process. Survey data will 

be analyzed by September 30 of each year following. 

Part H-3 

Agency EEO Plan to Attain the Essential Elements of a Model EEO Program 

Please describe the status of each plan that the agency has implemented to correct deficiencies 

in the EEO program. 

 If the agency did not address any deficiencies during the reporting period, please check the 

box. 

Statement of Model Program Essential Element Deficiency

Type of Program Deficiency Brief Description of Program Deficiency

Improve efficiency of the Reasonable 

Accommodations process to meet expanded 

demands as a result of the new hybrid work 

environment. 

Increase in tools and resources needed within 

the reasonable accommodations process to 

ensure timely processing of requests 

Objective(s) and Dates for EEO Plan

Date Initiated 

(mm/dd/yyyy) Objective Target Date (mm/dd/yyyy) 

Modified Date 

(mm/dd/yyyy) 

Date 

Completed 

(mm/dd/yyyy) 

4/28/2022

To develop a more 

efficient case management 

system to monitor and 

deliver timely processing 

of reasonable 

accommodation requests. 

9/30/2024
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 70 of 104 

Responsible Official(s)

Title Name

Performance Standards 

Address the Plan? (Yes or 

No)

Operations Team Leader, 

Office of Civil Rights Tanya Emam Yes

Disability Program Manager, 

Office of Civil Rights Kirsten Poston Yes

Disability Program Manager, 

Office of Civil Rights Elizabeth Kraszewski Yes

Planned Activities Toward Completion of Objective 

Target Date 

(mm/dd/yyyy) Planned Activities

Sufficient 

Funding & 

Staffing? 

(Yes or No)

Modified Date 

(mm/dd/yyyy) 

Completion 

Date 

(mm/dd/yyyy) 

9/30/2022

Finalize the Agency 

Reasonable 

Accommodation case 

tracking system for 

Managers/Employees

Yes 06/30/2023

9/30/2022

Distribute FHWA 

Reasonable 

Accommodation 

Procedures. 

Yes 06/30/2023

06/30/2023

Distribute FHWA 

Reasonable 

Accommodation Toolkit. 

Yes 06/30/2023

Report of Accomplishments

FY Accomplishments

2022

The FHWA developed Reasonable Accommodation (RA) request hub to improve 

the efficiency of tracking and responding to RA requests submitted by FHWA 

employees. This RA request hub allows for all requests to be generated 

automatically in an RA log for the Disability Program Managers to track. 

The FHWA developed FHWA RA procedures and have cleared the procedures 

through appropriate FHWA offices, to include the Office of Chief Counsel and 

Strategic Workforce Council. 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 71 of 104 

MD-715 – Part I 

Part I-1 

Agency EEO Plan to Eliminate Identified Barrier

Please describe the status of each plan that the agency implemented to identify possible 

barriers in policies, procedures, or practices for employees and applicants by race, ethnicity, 

and gender. 

 If the agency did not conduct barrier analysis during the reporting period, please check the 

box. 

Statement of Condition That Was a Trigger for a Potential Barrier: 

Source of the Trigger Specific Workforce Data

Table Narrative Description of Trigger

Workforce Data Tables A/1, B/1

Groups with lower-than-expected 

participation rates when comparing 

workforce indicators such as total 

representation, the CLF, hiring, 

and/or separation rates. 

EEO Group(s) Affected by Trigger

EEO Group Affected by Trigger (Yes/No)

All Men Yes (Separation Outpace New Hire)

All Women Yes (Workforce Rate Lower Than National 

Civilian Labor Force)

Hispanic or Latino Males Yes (Separation Outpace New Hire)

Hispanic or Latino Females Yes (Workforce Rate Lower Than National 

Civilian Labor Force)

White Males Yes (Separation Outpace New Hire)

White Females Yes (Workforce Rate Lower Than National 

Civilian Labor Force)

Black or African American Males No

Black or African American Females No

Asian Males No

Asian Females No

Native Hawaiian or Other Pacific Islander 

Males No

Native Hawaiian or Other Pacific Islander 

Females No

American Indian or Alaska Native Males No

American Indian or Alaska Native Females No

Two or More Races Males No

Two or More Races Females No

Barrier Analysis Process
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 72 of 104 

Sources of Data

Source 

Reviewed? 

(Yes or No)

Identify Information Collected

Workforce Data 

Tables Yes

A1/B1 data tables, Annual Federal EEO Statistical 

Report of Discrimination (EEOC Form 462), No 

FEAR Act Annual Report, FEVS, and FHWA's All 

Employee Survey. 

Complaint Data 

(Trends) Yes EEO and Anti-Harassment trends

Grievance Data 

(Trends) No

Findings from 

Decisions (e.g., EEO, 

Grievance, MSPB, 

Anti- Harassment 

Processes)

Yes OST annual data calls, 462 Report

Climate Assessment 

Survey (e.g., FEVS) Yes Federal Employee Viewpoint Survey

Exit Interview Data No

Focus Groups Yes Barrier Analysis Team

Interviews Yes Key staff from Office of Civil Rights, Office of 

Administration, and select Employee Resource Groups

Reports (e.g., 

Congress, EEOC, 

MSPB, GAO, OPM)

Yes

DOT Equity Initiatives to support EO 13985 & 13988; 

Equity Actions | DOT

(https://www.transportation.gov/priorities/equity/equit

y-action-plan/actions)

Other (Please 

Describe) Yes Agency Recruitment Plan; Diversity Hiring Guide; & Merit Promotion Plan

Status of Barrier Analysis Process

Barrier Analysis Process Completed?

(Yes or No)

Barrier(s) Identified?

(Yes or No)

Yes Yes

Statement of Identified Barrier(s)

Description of Policy, Procedure, or Practice

The Agency is in the process of conducting a barrier analysis of recruitment and hiring practices, 

and the separation factors. The DOT has not identified the causes of the condition at the time of 

reporting. 

Objective(s) and Dates for EEO Plan
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 73 of 104 

Responsible Official(s)

Title Name Performance Standards Address 

the Plan? (Yes or No)

Operations Team Leader, 

Office of Civil Rights Tanya Emam Yes

Director, Office of Human 

Resources David Lewis Yes

Planned Activities Toward Completion of Objective 

Target Date 

(mm/dd/yyyy) Planned Activities Modified Date (mm/dd/yyyy) 

Completion 

Date 

(mm/dd/yyyy) 

Objective

Date 

Initiate

d 

(mm/dd

/ 

yyyy) 

Target 

Date 

(mm/dd/

yyyy) 

Sufficient 

Funding & 

Staffing? 

(Yes or 

No) 

Modifie

d Date 

(mm/dd

/ 

yyyy) 

Date 

Complete

d 

(mm/dd/

yyyy) 

The FHWA will continue to 

implement its focus outreach 

efforts to recruit qualified female 

applicants and applicants from 

groups with lower-than-expected 

participation rates. The FHWA 

will leverage its resources to 

increase recruitment efforts, 

through the 2019-2022 Strategic 

Plan. 

03/30/ 

2018

09/30/ 

2022 Yes 09/30/ 2024

The FHWA will continue to 

implement and perform 

workforce analysis on a biennial 

basis as it relates to hiring rate 

and separation rates over a 3-

year trend. As well as further 

analysis at the higher-grade 

levels. 

Once analysis is complete, 

FHWA will look to perform: 1) 

Focus Groups; 2) Exit 

Interviews; and 3) Target Group 

Surveys on any identified 

triggers to further analyze 

barriers if necessary. 

04/30/ 

2021 

09/30/ 

2023 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 74 of 104 

Target Date 

(mm/dd/yyyy) Planned Activities Modified Date (mm/dd/yyyy) 

Completion 

Date 

(mm/dd/yyyy) 

09/30/2023 

Perform Barrier Analysis on hiring rate, 

separation rate, RNO and gender at higher 

grade levels. 

Report of Accomplishments

FY Accomplishments

2022 

In FY 22, FHWA participated in 157 recruitment events (virtual and in-person). 

Forty-three events were at identified minority serving institutions. Events targeted 

the following groups: Women, PWD, veterans/military, and diverse groups. Also, 

FHWA’s Recruitment, Outreach and Diversity Team updated its Strategic 

Recruitment Plan which includes steps in planning, sourcing, attracting, and 

engaging with qualified candidates to meet the Agency’s hiring needs. 

2022 

In FY 22, FHWA finalized the Women’s Focus Group Report. Briefings and 

discussions were held in FY 22 with the employee resource groups to gain their 

perspective centered around the triggers associated with hiring, separations, 

awards, job types, and mission critical occupations. Through discussions, 

additional personnel were identified to be added to the FY 23 barrier analysis 

team. 

Part I-2 

Agency EEO Plan to Eliminate Identified Barrier

Please describe the status of each plan that the agency implemented to identify possible 

barriers in policies, procedures, or practices for employees and applicants by race, ethnicity, 

and gender. 

 If the agency did not conduct barrier analysis during the reporting period, please check the 

box. 

Statement of Condition That Was a Trigger for a Potential Barrier: 

Source of the Trigger Specific Workforce Data 

Table Narrative Description of Trigger

Workforce Data 

Tables A4P Groups with lower than permanent workforce at GS-13 through SES. 

EEO Group(s) Affected by Trigger

EEO Group Affected by Trigger (Yes/No)

All Men Yes (GS-15)

All Women Yes (GS-13, 14)

Hispanic or Latino Males Yes (GS-14, 15, SES)

Hispanic or Latino Females Yes (GS-14)

White Males No

White Females Yes (GS-13)
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 75 of 104 

EEO Group Affected by Trigger (Yes/No)

Black or African American Males No

Black or African American Females Yes (GS-14, 15)

Asian Males Yes (GS-15)

Asian Females Yes (SES)

Native Hawaiian or Other Pacific Islander 

Males No

Native Hawaiian or Other Pacific Islander 

Females No

American Indian or Alaska Native Males No

American Indian or Alaska Native Females No

Two or More Races Males No

Two or More Races Females No

Barrier Analysis Process

Sources of Data

Source 

Reviewed? 

(Yes or No)

Identify Information Collected

Workforce Data Tables Yes

A1/B1 data tables, Annual Federal EEO 

Statistical Report of Discrimination 

(EEOC Form 462), No FEAR Act 

Annual Report, FEVS, and FHWA’s All 

Employee Survey. 

Complaint Data (Trends) Yes EEO and Anti-Harassment trends

Grievance Data (Trends) No

Findings from Decisions (e.g., EEO, 

Grievance, MSPB, Anti- Harassment 

Processes)

Yes OST annual data calls, 462 Report

Climate Assessment Survey (e.g., 

FEVS) Yes Federal Employee Viewpoint Survey

Exit Interview Data No

Focus Groups Yes Barrier Analysis Team

Interviews Yes

Key staff from Office of Civil Rights, 

Office of Administration, and select 

Employee Resource Groups

Reports (e.g., Congress, EEOC, 

MSPB, GAO, OPM) Yes

DOT Equity Initiatives to support EO 

13985 & 13988; Equity Actions | US 

Department of Transportation 

(https://www.transportation.gov/priorities

/equity/equity-action-plan/actions)

Other (Please Describe) Yes Agency Recruitment Plan; Diversity 

Hiring Guide; & Merit Promotion Plan

Status of Barrier Analysis Process

Barrier Analysis Process Completed?

(Yes or No)

Barrier(s) Identified?

(Yes or No)
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 76 of 104 

Barrier Analysis Process Completed?

(Yes or No)

Barrier(s) Identified?

(Yes or No)

Yes Yes

Statement of Identified Barrier(s)

Description of Policy, Procedure, or Practice

The Agency will explore potential blocked pipelines in grade. The DOT has not identified the 

causes of the condition at the time of reporting. 

Objective(s) and Dates for EEO Plan

Objective

Date 

Initiated

(mm/dd/

yyyy) 

Target 

Date 

(mm/dd/

yyyy) 

Sufficient 

Funding 

& 

Staffing? 

(Yes or 

No)

Modified 

Date 

(mm/dd/

yyyy) 

Date 

Completed 

(mm/dd/

yyyy) 

The FHWA will continue to 

implement and perform 

workforce analysis on a 

biennial basis as it relates to 

hiring rate and separation 

rates over a 3-year trend. As 

well as further analysis at the 

higher-grade levels. 

Once analysis is complete, 

FHWA will look to perform: 

1) Perform Focus Groups; 2) 

Garner support and develop 

process to perform Agency 

exit interviews; and 3) ERG 

Group Briefings on any 

identified triggers to further 

analyze barriers if necessary. 

07/30/ 

2022 

09/30/ 

2024 Yes

The FHWA will continue to 

implement and explore 

leadership pipeline efforts 

within internal promotion 

practices (i.e., interviewing, 

locational qualification 

considerations, performance 

reviews/awards, etc.). 

07/30/ 

2022 

09/30/ 

2024 Yes

The FHWA will explore and 

benchmark successes within 

succession planning to share 

throughout the Agency. 

07/30/ 

2022 

09/30/ 

2024 Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 77 of 104 

Responsible Official(s)

Title Name

Performance Standards 

Address the Plan?

(Yes or No)

Operations Team Leader, Office of Civil 

Rights Tanya Emam Yes

Director, Office of Human Resources David Lewis Yes

Planned Activities Toward Completion of Objective 

Target Date 

(mm/dd/yyyy) Planned Activities Modified Date (mm/dd/yyyy) 

Completion 

Date 

(mm/dd/yyyy) 

09/30/2024 

The FHWA will look to perform focus 

groups, garner support, and develop 

process to perform Agency exit interviews, 

and ERG Group Briefings on any identified 

triggers to further analyze barriers if 

necessary. The FHWA will explore and 

benchmark successes within succession 

planning to share throughout the Agency. 

Report of Accomplishments

FY Accomplishments

2022 

A women’s focus group report and presentation were developed based upon 

the listening sessions that were held. The team performed facilitated focus 

group sessions for women based on information gathered from the MD 715 

workforce analysis. The report’s findings and recommendations have been 

converted into a milestone schedule. Recommendations include reviewing 

recruitment efforts, representation in the hiring and selection process, 

enhancing mentoring efforts, and to discuss exit interview process with OST. 

This milestone schedule is currently in draft form. 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 78 of 104 

MD-715 – Part J

Special Program Plan for the Recruitment, Hiring, Advancement, and Retention of Persons 

with Disabilities

To capture agencies’ affirmative action plan for persons with disabilities (PWD) and persons 

with targeted disabilities (PWTD), EEOC regulations (29 C.F.R. § 1614.203(e)) and MD-715 

require agencies to describe how their plan will improve the recruitment, hiring, advancement, 

and retention of applicants and employees with disabilities. All agencies, regardless of size, 

must complete this Part of the MD-715 report. 

Section I: Efforts to Reach Regulatory Goals 

EEOC regulations (29 C.F.R. § 1614.203(d)(7)) require agencies to establish specific numerical 

goals for increasing the participation of persons with reportable and targeted disabilities in the 

Federal Government. 

1. Using the goal of 12% as the benchmark, does your agency have a trigger involving 

PWD by grade level cluster in the permanent workforce? If “yes”, describe the trigger(s) 

in the text box. 

a. Cluster GS-1 to GS-10 (PWD) Yes 0 No X

b. Cluster GS-11 to SES (PWD) Yes X No 0

Source: Table B4P: In FY 22, PWD in GS-1 to 10 Cluster of the permanent 

workforce participate at 20.69 percent a higher rate than the expected 12 percent 

benchmark, indicating no trigger. 

PWD in the GS-11 to SES Cluster participate at 11.58 percent, a lower rate than 

the expected 12 percent benchmark, indicating a trigger. 

2. Using the goal of 2% as the benchmark, does your agency have a trigger involving 

PWTD by grade level cluster in the permanent workforce? If “yes”, describe the 

trigger(s) in the text box. 

a. Cluster GS-1 to GS-10 (PWTD) Yes 0 No X

b. Cluster GS-11 to SES (PWTD) Yes 0 No X

Source: Table B4P: In FY 22, PWTD in GS-1 to 10 Cluster of the permanent 

workforce participate at 6.90 percent a higher rate than the expected two percent 

benchmark, indicating no trigger. 

The PWTD in the GS-11 to SES Cluster participate at 2.56 percent, a higher rate 

than the expected two percent benchmark, indicating no trigger. 

3. Describe how the agency has communicated the numerical goals to the hiring managers 

and/or recruiters. 

The FHWA Office of Civil Rights organized and hosted our second Annual Virtual EEO 

Awareness Symposium in May 10-12, 2022. 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 79 of 104 

This symposium included sessions such as: 

• Equity within DOT 

• State of the Agency Briefing: MD-715 – Why It Is Important

• Diversity & Inclusion Best Practices

• Gender Pronoun Awareness 

• Anti-Harassment, EEO, Reasonable Accommodation, and more 

The State of the Agency session included information where the numerical goals were 

communicated to participants, which included managers, supervisors, and employees. 

Section II: Model Disability Program 

Pursuant to 29 C.F.R. §1614.203(d)(1), agencies must ensure sufficient staff, training, and 

resources to recruit and hire persons with disabilities and persons with targeted disabilities, 

administer the reasonable accommodation program and special emphasis program, and oversee 

any other disability hiring and advancement program the agency has in place. 

A. PLAN TO PROVIDE SUFFICIENT AND COMPETENT STAFFING FOR THE 

DISABILITY PROGRAM

1. Has the agency designated sufficient qualified personnel to implement its 

disability program during the reporting period? If “no”, describe the agency’s 

plan to improve the staffing for the upcoming year. 

Yes X No 0

2. Identify all staff responsible for implementing the agency’s disability employment 

program by the office, staff employment status, and responsible official. 

Disability Program Task 

# of FTE Staff by 

Employment Status Responsible Official

(Name, Title, Office, 

Email) Full 

Time

Part 

Time

Collateral 

Duty

Processing applications from PWD 

and PWTD 1 Alycia Andrews, HR Manager

Answering questions from the 

public about hiring authorities that 

take disability into account 

1 Allen Milham, Program 

Analyst 

Processing reasonable 

accommodation requests from 

applicants and employees 

1 2 

Kirsten Poston, Disability 

Program Manager. Lucy 

Marius, Detail. Jenny 

Liang, Disability Intake 

Assistant (Collateral 

Duty) 

Section 508 Compliance 1 Michelle Cribbs, Section 

508 Program Manager 

Architectural Barriers Act 

Compliance 1 Jeffrey Baxter, Associate Director of Facilities, OST
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 80 of 104 

Disability Program Task # of FTE Staff by 

Employment Status

Responsible Official

(Name, Title, Office, 

Special Emphasis Program for 

PWD and PWTD 1 

Kirsten Poston, Disability 

Program Manager. Jenny 

Liang, Disability Intake 

Assistant (Collateral 

Duty) 

3. Has the agency provided disability program staff with sufficient training to carry 

out their responsibilities during the reporting period? If “yes”, describe the 

training that disability program staff have received. If “no”, describe the training 

planned for the upcoming year. 

Yes X No 0

B. PLAN TO ENSURE SUFFICIENT FUNDING FOR THE DISABILITY

PROGRAM

Has the agency provided sufficient funding and other resources to successfully 

implement the disability program during the reporting period? If “no”, describe the 

agency’s plan to ensure all aspects of the disability program have sufficient funding and 

other resources. 

Yes X No 0

Section III: Plan to Recruit and Hire Individuals with Disabilities

Pursuant to 29 C.F.R. § 1614.203(d)(1)(i) and (ii), agencies must establish a plan to increase the 

recruitment and hiring of individuals with disabilities. The questions below are designed to 

identify outcomes of the agency’s recruitment program plan for PWD and PWTD. 

A. PLAN TO IDENTIFY JOB APPLICANTS WITH DISABILITIES

1. Describe the programs and resources the agency uses to identify job applicants 

with disabilities, including individuals with targeted disabilities. 

The FHWA utilizes several resources to identify potential applicants with 

disabilities. This includes, but is not limited to:

• Participating in recruitment and outreach events that focus on the 

employment of PWD. In FY 22, FHWA participated in 157 recruitment 

events throughout the Nation. Of those, three events were related to 

disability hiring. 

• Developing and maintaining relationships with disability organizations and 

colleges with disability offices. This allows FHWA to share information 

related to job opportunities which can be shared with their community. In 

some instances, these organizations have helped FHWA to post job 

announcements on their recruitment sites to be more visible. The FHWA is 

using Handshake and Simplicity to raise awareness of our job 

opportunities. 

• The FHWA continues to implement a Recruitment, Outreach and Diversity 

plan that focuses on increasing the number of applicants with disabilities in 

FHWA's applicant pool. To achieve this outcome the Agency intends to 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 81 of 104 

increase its outreach to talent pools that consist of people with disabilities. 

This outreach will consist of attending hiring fairs, classroom outreach at 

academic institutions, and through affinity groups whose membership is 

made up of people with disabilities. 

• The DOT Executive Agent has a standard list of professional organizations, 

and academic institutions that automatically receive a copy of all job 

announcements posted via USAJOBS. More specifically, FHWA has used 

the following recruitment sources as part of its outreach to have PWD

apply for vacancies:

o OPM’s Shared List of People with Disabilities; the Workforce 

Recruitment Program (WRP) database; USAJOBS Agency Talent 

Portal; State and local vocational rehabilitation agencies and 

employment offices; the Department of Veterans Affairs, Wounded 

Warrior Office, and Vets 2 Feds; Military installations and 

transition offices.

2. Pursuant to 29 C.F.R. § 1614.203(a)(3), describe the agency’s use of hiring 

authorities that take disability into account (e.g., Schedule A) to recruit PWD and 

PWTD for positions in the permanent workforce. 

The FHWA utilizes appointing authorities to include Schedule A, Excepted 

Service, Veterans Recruitment Appointment (VRA), and 30 percent or More 

Disabled Veterans. 

The HR specialists provide information on these hiring flexibilities when contacted 

by hiring managers to fill a vacancy. The HR Specialist identifies which authority 

may meet the needs of the office and provides information on how to use the 

authorities if deemed appropriate. 

3. When individuals apply for a position under a hiring authority that takes disability 

into account (e.g., Schedule A), explain how the agency (1) determines if the 

individual is eligible for appointment under such authority and (2) forwards the 

individual's application to the relevant hiring officials with an explanation of how 

and when the individual may be appointed. 

At FHWA, the HR Specialists work directly with hiring managers to use the noncompetitive excepted service hiring authorities, including Schedule A. If a 

manager determines that a hiring authority that takes disability into account may 

be used, the HR Specialists provides specific information related to how 

applications are received and reviewed. This may include requesting resumes 

from the Agency’s Selective Placement Coordinator assigned to collect and share 

this information. In addition, Agency recruiters from around the country may be 

asked for points of contacts for Veteran organizations to facilitate resume 

collection. 

The FHWA receives and reviews resumes and determines whether the applicants 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 82 of 104 

are qualified for the position and whether the applicants submitted the necessary 

supplemental documents including Schedule A letters. Resumes and supplemental 

documents are then forwarded to the hiring manager. After the hiring manager 

completes interviewing of qualified candidates, he/she decides if the applicant can 

perform the job duties. The applicant must meet the qualification requirements, 

including specialized experience, for the position. 

4. Has the agency provided training to all hiring managers on the use of hiring 

authorities that take disability into account (e.g., Schedule A)? If “yes”, describe 

the type(s) of training and frequency. If “no”, describe the agency’s plan to 

provide this training. 

Yes X No 0 N/A 0

The FHWA Office of Human Resources conducted Webinars on hiring veterans, 

disabled veterans, and PWD for the HR staffing personnel as well as for the hiring 

managers. 

As positions become vacant, HR Specialists discusses hiring flexibilities and 

options with hiring managers to reinforce the Agency's commitment for employing 

a diverse workforce. These included recruitment options such as Veterans Hiring 

Flexibilities, including disabled veterans and people with disabilities. 

Civil Rights Specialists also provided Webinar training on hiring authorities to all 

employees including hiring managers. 

The FHWA HR’s Talent Development Division (TDD) provides newly 

promoted/hired team leaders and supervisors with a Comprehensive Critical 

Human Resources Skills, a three and a half-day course that includes the use of 

hiring authorities that take disability into account (e.g., Schedule A). This training 

is offered quarterly and is currently provided virtually. 

TDD also provides quarterly Refresher Critical Human Resources Skills training, a 

1-day course for experienced team leaders, supervisors, and managers who have 

previously completed the Comprehensive course. This course includes coverage 

of hiring authorities that take disability into account (e.g., Schedule A). The 

course is held quarterly by virtual means. 

B. PLAN TO ESTABLISH CONTACTS WITH DISABILITY EMPLOYMENT

ORGANIZATIONS

1. Describe the agency’s efforts to establish and maintain contacts with 

organizations that assist PWD, including PWTD, in securing and maintaining 

employment. 

The FHWA continues to implement a ROaD plan to conduct a review of 

organizations, colleges and universities, and other organizations that serve PWD 

and veterans. The organizations are contacted and provided information about 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 83 of 104 

FHWA, and to obtain the name and email of a dedicated resource to contact. The 

Recruitment, Outreach, and Diversity Team has participated in outreach to the 

disability employment organizations and outreach sources as well as conducting 

meetings with them to update resource information and to explore potential future 

partnerships. 

In FY 22, FHWA attended one event at a university and two events with 

professional organizations that support populations of people with disabilities. 

C. PROGRESSION TOWARDS GOALS (RECRUITMENT AND HIRING)

1. Using the goals of 12% for PWD and 2% for PWTD as the benchmarks, do 

triggers exist for PWD and/or PWTD among the new hires in the permanent 

workforce? If “yes”, please describe the triggers below. 

a. New Hires for Permanent Workforce (PWD) Yes 0 No X

b. New Hires for Permanent Workforce (PWTD) Yes 0 No X

Source: Table B1-1: In FY 22, the new hire rate for FHWA PWD in the 

permanent workforce was 16.33 percent. The new hire rate for FHWA PWTD in 

the permanent workforce was 2.39 percent. were found for new hires. 

2. Using the qualified applicant pool as the benchmark, do triggers exist for PWD 

and/or PWTD among the new hires for any of the mission-critical occupations 

(MCO)? If “yes”, please describe the triggers below. 

a. New Hires for MCO (PWD) Yes X No 0

b. New Hires for MCO (PWTD) Yes X No 0

Source: Table B6-P Applicant for New Hires major Critical Occupations by 

Disability: The PWD new hire selections were at a rate lower than the qualified 

external applicant pool within the Community Planner series, indicating a trigger. 

The PWTD new hire selections were at a lower rate than the qualified external 

applicant pool within the Community Planner, Environmental Specialist, 

Financial Specialist, Civil Engineer, and Transportation Specialist series, 

indicating triggers. 

MCOs PWD Triggers PWTD Triggers

Table B6-P 

Qualified 

External 

Applicants

New 

Hires Yes/No

Qualified 

External 

Applicants

New 

Hires Yes/No

(0020) 

Community 

Planner

1.56% 0.00% Yes 0.44% 0.00% Yes

(0028) 

Environmental 

Specialist

1.82% 13.33% No 0.68% 0.00% Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 84 of 104 

MCOs PWD Triggers PWTD Triggers

Table B6-P 

Qualified 

External 

Applicants

New 

Hires Yes/No

Qualified 

External 

Applicants

New 

Hires Yes/No

(0501/0505) 

Financial 

Specialist

3.13% 23.08% No 1.71% 0.00% Yes

(0802) 

Engineering 

Technician

0.00% 20.00% No 0.00% 0.00% No

(0810) Civil 

Engineering 1.75% 5.88% No 0.32% 0.00% Yes

(1170) Realty 

Specialist 4.92% 25.00% No 1.64% 25.00% No

(2101) 

Transportation 

Specialist

0.41% 20.00% No 0.21% 0.00% Yes

3. Using the relevant applicant pool as the benchmark, do triggers exist for PWD 

and/or PWTD among the qualified internal applicants for any of the missioncritical occupations (MCO)? If “yes”, please describe the triggers below.

a. Qualified Applicants for MCO (PWD) Yes X No 0

b. Qualified Applicants for MCO (PWTD) Yes X No 0

Source: Table B6-P Applicant for Internal Competitive Promotions - Major 

Critical Occupations by Disability: The PWD qualified as applicants at a rate 

lower than the relevant applicant pool within all seven of MCOs, indicating 

triggers. The PWTD qualified as applicants at a lower rate than the relevant 

applicant pool within the Community Planner, Environmental Specialist, 

Engineering Technician and Transportation Specialist series, indicating triggers. 

MCOs PWD Triggers PWTD Triggers

Table B6-P 

Relevant 

Applicant 

Pool 

Qualified 

Internal 

Applicants

Yes/No

Relevant 

Applicant 

Pool 

Qualified 

Internal 

Applicants

Yes/No

(0020) 

Community 

Planner

7.83% 0.00% Yes 2.61% 0.00% Yes

(0028) 

Environmental 

Specialist

11.82% 2.16% Yes 0.91% 0.72% Yes

(0501/0505) 

Financial 

Specialist

11.66% 11.38% Yes 3.07% 10.57% No
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 85 of 104 

MCOs PWD Triggers PWTD Triggers

Table B6-P 

Relevant 

Applicant 

Pool 

Qualified 

Internal 

Applicants

Yes/No

Relevant 

Applicant 

Pool 

Qualified 

Internal 

Applicants

Yes/No

(0802) 

Engineering 

Technician

16.25% 0.00% Yes 3.75% 0.00% Yes

(0810) Civil 

Engineering 8.03% 5.70% Yes 1.37% 1.90% No

(1170) Realty 

Specialist 5.56% 0.00% Yes 0.00% 0.00% No

(2101) 

Transportation 

Specialist

9.65% 1.62% Yes 3.22% 0.29% Yes

4. Using the qualified applicant pool as the benchmark, do triggers exist for PWD 

and/or PWTD among employees promoted to any of the mission-critical 

occupations (MCO)? If “yes”, please describe the triggers below. 

a. Promotions for MCO (PWD) Yes X No 0

b. Promotions for MCO (PWTD) Yes X No 0

Source: Table B6-P Selections for Internal Competitive Promotions – Major 

Critical Occupations by Disability: The PWD were selected at a rate lower than 

the qualified internal applicant pool within the Civil Engineering series, indicating 

a trigger. PWTD were selected at a lower rate than the qualified internal 

applicant pool within the Environmental Specialist, Financial Specialist, Civil 

Engineering and Transportation Specialist series, indicating triggers. 

MCOs PWD Triggers PWTD Triggers

Table B6-P 

Qualified 

Internal 

Applicants

Promotion/ 

Selectees Yes/No

Qualified 

Internal 

Applicants

Promotion/ 

Selectees Yes/No

(0020) 

Community 

Planner

0.00% 0.00% No 0.00% 0.00% No

(0028) 

Environmental 

Specialist

2.16% 8.33% No 0.72% 0.00% Yes

(0501/0505) 

Financial 

Specialist

11.38% 7.69% No 10.57% 0.00% Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 86 of 104 

MCOs PWD Triggers PWTD Triggers

Table B6-P 

Qualified 

Internal 

Applicants

Promotion/ 

Selectees Yes/No

Qualified 

Internal 

Applicants

Promotion/ 

Selectees Yes/No

(0802) 

Engineering 

Technician

0.00% 25.00% No 0.00% 25.00% No

(0810) Civil 

Engineering 5.70% 0.00% Yes 1.90% 0.00% Yes

(1170) Realty 

Specialist 0.00% 0.00% No 0.00% 0.00% No

(2101) 

Transportation 

Specialist

1.62% 7.69% No 0.29% 0.00% Yes

Section IV: Plan to Ensure Advancement Opportunities for Employees with Disabilities 

Pursuant to 29 C.F.R §1614.203(d)(1)(iii), agencies are required to provide sufficient 

advancement opportunities for employees with disabilities. Such activities might include 

specialized training and mentoring programs, career development opportunities, awards 

programs, promotions, and similar programs that address advancement. In this section, agencies 

should identify, and provide data on programs designed to ensure advancement opportunities for 

employees with disabilities. 

A. ADVANCEMENT PROGRAM PLAN

1. Describe the agency’s plan to ensure PWD, including PWTD, have sufficient 

opportunities for advancement. 

The FHWA employees, including PWD and PWTD, are provided equal access to 

career development opportunities for advancement. Promotion opportunities are 

posted on FHWA’s internal StaffNet site and USAJOBS, and emails are sent to 

all employees with a link to the vacancy announcement on USAJOBS. 

Career ladders are established based on the position and the needs of the office. 

This reduces any negative impact on PWD and PWTD. 

B. CAREER DEVELOPMENT OPPORTUNITIES

1. Please describe the career development opportunities that the agency provides to 

its employees. 

The FHWA encourages and provides training and career development 

opportunities for all employees, including PWD and PWTD. Within the Office of 

Human Resources, the Agency has staff dedicated to the development of a catalog 

of professional and leadership opportunities. The FHWA institutes several career 

development programs that support and prepare our Agency’s employees for 

enhanced performance and career advancement. These programs target 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 87 of 104 

employees at all levels in a variety of venues. The programs are as follows: 

• The PDP, 

• FHWA 360 Degree Leadership Assessment, 

• Is Supervision for Me?, 

• Building the Foundation for Visionary Leadership, 

• Career Advancement Webinar Series, 

• Critical Human Resources Skills, 

• Formal Mentoring Program, 

• Leadership for Innovative Decision making Training, 

• Innovative and Exceptional Partnerships Training, 

• Individual Development Plan Workshop, 

• Launch Point-Supervisory Training Program, 

• Leadership Competency Certificate Program, 

• Leadership Development Academy (LDA), and 

• Organizational Facilitation. 

2. In the table below, please provide the data for career development opportunities 

that require competition and/or supervisory recommendation/approval to 

participate. 

Career 

Development 

Opportunities

Total Participants PWD PWTD

Applicants 

(#)

Selectees 

(#)

Applicants 

(%)

Selectees 

(%)

Applicants 

(%)

Selectees

(%)

Internship 

Programs 101 101 9.9 9.9 2.0 2.0 

Fellowship 

Programs 0 0 0 0 0 0 

Mentoring 

Programs 64 52 15.6 9.6 3.1 1.9 

Coaching 

Programs 0 0 0.0 0.0 0.0 0.0 

Training 

Programs 339 339 15.3 15.3 2.7 2.7 

Detail 

Programs 2 2 50.0 50.0 0.0 0.0 

Other Career 

Development 

Programs

28 28 10.7 10.7 0.0 0.0 

3. Do triggers exist for PWD among the applicants and/or selectees for any of the 

career development programs? (The appropriate benchmarks are the relevant 

applicant pool for the applicants and the applicant pool for selectees.) If “yes”, 

describe the trigger(s) in the text box. 

a. Applicants (PWD) Yes X No 0

b. Selections (PWD) Yes X No 0
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 88 of 104 

Using the percentage of PWD at the start of FY 22, 11.63 percent (Source: 

Table B1-1) as the relevant applicant pool: Applicant Triggers exist for the 

Internship and Other Career Development Programs. Selectee Triggers exist for 

the Internship, Mentoring, and Other Career Development Programs. 

4. Do triggers exist for PWTD among the applicants and/or selectees for any of the 

career development programs identified? (The appropriate benchmarks are the 

relevant applicant pool for applicants and the applicant pool for selectees.) If 

“yes”, describe the trigger(s) in the text box. 

a. Applicants (PWTD) Yes X No 0

b. Selections (PWTD) Yes X No 0

Using the percentage of PWTD at the start of FY 22, 2.93 percent (Source: 

Table B1-1) as the relevant applicant pool: Applicant Triggers exist for the 

Internship, Training, Detail and Other Career Development Programs. Selectee 

Triggers exist for the Internship, Mentoring, Training, Detail and Other Career 

Development Programs. 

C. AWARDS

1. Using the inclusion rate as the benchmark, does your agency have a trigger 

involving PWD and/or PWTD for any level of the time-off awards, bonuses, or 

other incentives? If “yes”, please describe the trigger(s) in the text box. 

a. Awards, Bonuses, & Incentives (PWD) Yes X No 0

b. Awards, Bonuses, & Incentives (PWTD) Yes X No 0

Source: Table B9-2: When analyzing award categories separately, Cash Awards 

indicated YES triggers for both PWD/PWTD when compared to their inclusion 

rates. Additionally, the Time-off Awards analysis indicated no trigger for PWTD. 

Note: This tables utilizes additional data to analyze triggers. (See table below)

PY 2022 

FHWA 

Awards

Persons without 

Disability 

(Pw/oD)

Inclusion Rate 

for PWD & 

PWTD Group 

FHWA Total 

Permanent 

Workforce Inclusion 

Rate/Benchmark

Trigger

Formula

[Subtract the 

Total # of 

Persons with 

Disability 

(PWD) recipients 

from the Total # 

of Recipients]

Inclusion Rate 

[Divide the 

Total # of PWD 

and PWTD 

recipients by 

their total # in 

the permanent 

workforce]

BenchmarkInclusion Rate 

[Divide the Pw/oD # 

receiving awards into 

their respective # in

permanent workforce]

[Triggers exist if 

Inclusion Rate 

for PWD or 

PWTD is less 

than Inclusion 

rate for Pw/oD]

PWD Cash

2516-305 = 2211

305/340 = 

89.71% 2211/2383 = 92.78%

Yes

PWTD Cash 74/81 = 91.36% Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 89 of 104 

PY 2022 

FHWA 

Awards

Persons without 

Disability 

(Pw/oD)

Inclusion Rate 

for PWD & 

PWTD Group 

FHWA Total 

Permanent 

Workforce Inclusion 

Rate/Benchmark

Trigger

PWD TimeOff 1895-235 = 1660235/340 = 

69.12% 1660/2383 = 69.66%

Yes

PWTD 

Time-Off 53/81 = 65.43% Yes

2. Using the inclusion rate as the benchmark, does your agency have a trigger 

involving PWD and/or PWTD for quality step increases or performance-based 

pay increases? If “yes”, please describe the trigger(s) in the text box. 

a. Pay Increases (PWD) Yes X No 0

b. Pay Increases (PWTD) Yes X No 0

Source: Table B9-2: When analyzing the quality step increase award category 

separately, there were triggers for both PWD and PWTD when compared to its 

inclusion rates. (See the table below)

PY 2022 

FHWA 

Awards

Persons 

without 

Disability 

(Pw/oD)

Inclusion Rate 

for PWD & 

PWTD Group

FHWA Total Permanent 

Workforce Inclusion 

Rate/Benchmark

Trigger

PWD QSI

45 – 4 = 41 

4/340 = 1.18%

41/2383=1.72%

Yes

PWTD QSI 0/81= 0.00% Yes

3. If the agency has other types of employee recognition programs, are PWD and/or 

PWTD recognized disproportionately less than employees without disabilities? 

(The appropriate benchmark is the inclusion rate) If “yes”, describe the employee 

recognition program and relevant data in the text box. 

a. Other Types of Recognition (PWD) Yes X No 0 N/A 0

b. Other Types of Recognition (PWTD) Yes 0 No X N/A 0

Source: Table B9-2 plus other data to analyze triggers: When analyzing the 

Honorary award category, a trigger is indicated for PWD when compared to their 

inclusion rate, but not for PWTD. (See the table below)

PY 2022 

FHWA 

Awards

Persons 

without 

Disability 

(Pw/oD)

Inclusion Rate for 

PWD & PWTD 

Group

FHWA Total 

Permanent Workforce 

Inclusion 

Rate/Benchmark

Trigger

PWD SES 46 – 3 = 43 3/3 = 100.00% 43/51 = 84.31% No

PWTD SES 0/0 = N/A No
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 90 of 104 

PY 2022 

FHWA 

Awards

Persons 

without 

Disability 

(Pw/oD)

Inclusion Rate for 

PWD & PWTD 

Group

FHWA Total 

Permanent Workforce 

Inclusion 

Rate/Benchmark

Trigger

PWD 

Honorary 

Awards 127 – 12 = 115 

12/340 = 3.53%

115/2383 = 4.83%

Yes

PWTD 

Honorary 

Awards

5/81 = 6.17% No

D. PROMOTIONS

1. Does your agency have a trigger involving PWD among the qualified internal 

applicants and/or selectees for promotions to the senior grade levels? (The 

appropriate benchmarks are the relevant applicant pool for qualified internal 

applicants and the qualified applicant pool for selectees.) For non-GS pay plans, 

please use the approximate senior grade levels. If “yes”, describe the trigger(s) in 

the text box. 

a. SES

i. Qualified Internal Applicants (PWD) Yes X No 0

ii. Internal Selections (PWD) Yes X No 0

b. Grade GS-15

i. Qualified Internal Applicants (PWD) Yes X No 0

ii. Internal Selections (PWD) Yes X No 0

c. Grade GS-14 

i. Qualified Internal Applicants (PWD) Yes X No 0

ii. Internal Selections (PWD) Yes 0 No X

d. Grade GS-13 

i. Qualified Internal Applicants (PWD) Yes X No 0

ii. Internal Selections (PWD) Yes X No 0

Source: Table B-7 SENIOR GRADE LEVELS: The Agency used Table B-7 

to analyze the applicant flow of internal applicants and/or selections for 

promotions by grade and PWD to the senior level (analysis included GS-13 to 15, 

SES). The PWD applicants qualify at rates lower than they apply for the GS-13, 

GS-14, GS-15, and SES grade levels. Of those qualified, PWD are internally 

selected at rates lower than they are qualified for each level, except GS-14. 

Analysis to identify triggers using Table B-7 are displayed below: 

Senior 

Grade 

Level

PWD

RELEVANT 

APPL POOL

QUAL 

INTERNAL 

APPL

Triggers 

Yes/No

INTERNAL 

SELECTION

Triggers 

Yes/No

SES 9.38% 3.13% Yes 0.00% Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 91 of 104 

Senior 

Grade 

Level

PWD

RELEVANT 

APPL POOL

QUAL 

INTERNAL 

APPL

Triggers 

Yes/No

INTERNAL 

SELECTION

Triggers 

Yes/No

GS-15 7.92% 0.79% Yes 0.00% Yes

GS-14 10.34% 2.01% Yes 7.27% No

GS-13 12.32% 5.65% Yes 4.55% Yes

2. Does your agency have a trigger involving PWTD among the qualified internal

applicants and/or selectees for promotions to the senior grade levels? (The 

appropriate benchmarks are the relevant applicant pool for qualified internal 

applicants and the qualified applicant pool for selectees.) For non-GS pay plans, 

please use the approximate senior grade levels. If “yes”, describe the trigger(s) in 

the text box. 

a. SES

i. Qualified Internal Applicants (PWTD) Yes X No 0

ii. Internal Selections (PWTD) Yes X No 0

b. Grade GS-15

i. Qualified Internal Applicants (PWTD) Yes X No 0

ii. Internal Selections (PWTD) Yes X No 0

c. Grade GS-14 

i. Qualified Internal Applicants (PWTD) Yes X No 0

ii. Internal Selections (PWTD) Yes X No 0

d. Grade GS-13 

i. Qualified Internal Applicants (PWTD) Yes 0 No X

ii. Internal Selections (PWTD) Yes X No 0

Source: Table B-7 SENIOR GRADE LEVELS: The Agency used Table B-7 

to analyze the applicant flow of internal applicants and/or selections for 

promotions by grade and PWTD to the senior level (analysis included grades 13-

15, SES). The PWTD applicants qualify at rates lower than applied for the GS14, 

GS15, and SES grade levels. Of those qualified, PWTD are internally selected at 

rates lower than they are qualified for each level. Analysis to identify triggers 

using Table B-7 are displayed below: 

Senior Grade 

Level

PWTD

RELEVANT 

APPL POOL

QUAL 

INTERNAL 

APPL

Triggers 

Yes/No

INTERNAL 

SELECTION

Triggers 

Yes/No

SES 4.02% 3.13% Yes 0.00% Yes

GS-15 2.51% 0.40% Yes 0.00% Yes

GS-14 1.15% 0.57% Yes 0.00% Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 92 of 104 

Senior Grade 

Level

PWTD

RELEVANT 

APPL POOL

QUAL 

INTERNAL 

APPL

Triggers 

Yes/No

INTERNAL 

SELECTION

Triggers 

Yes/No

GS-13 3.08% 3.23% No 2.27% Yes

3. Using the qualified applicant pool as the benchmark, does your agency have a 

trigger involving PWD among the new hires to the senior grade levels? For nonGS pay plans, please use the approximate senior grade levels. If “yes”, describe 

the trigger(s) in the text box.

a. New Hires to SES (PWD) Yes X No 0

b. New Hires to GS-15 (PWD) Yes X No 0

c. New Hires to GS-14 (PWD) Yes 0 No X

d. New Hires to GS-13 (PWD) Yes 0 No X

Source: Table B-7 SENIOR GRADE LEVELS: The Agency used Table B-7 

to analyze the applicant flow of qualified applicants and/or selections for New 

Hires by grade and PWD to the senior level (analysis included GS-13 to 15, SES). 

Of those qualified, PWD are selected at rates lower than the rate of those qualified 

for the GS-15 and SES levels, indicating selection triggers. Analysis to identify 

triggers are displayed below: 

Senior Grade Level PWD

QUAL APPL POOL SELECTIONS Triggers Yes/No

SES 1.61% 0.00% Yes

GS-15 2.04% 0.00% Yes

GS-14 2.85% 15.00% No

GS-13 2.45% 4.76% No

4. Using the qualified applicant pool as the benchmark, does your agency have a 

trigger involving PWTD among the new hires to the senior grade levels? For 

non-GS pay plans, please use the approximate senior grade levels. If “yes”, 

describe the trigger(s) in the text box. 

a. New Hires to SES (PWTD) Yes X No 0

b. New Hires to GS-15 (PWTD) Yes X No 0

c. New Hires to GS-14 (PWTD) Yes X No 0

d. New Hires to GS-13 (PWTD) Yes X No 0

Senior Grade Level PWD

QUAL APPL POOL SELECTIONS Triggers Yes/No

SES 0.40% 0.00% Yes

GS-15 0.74% 0.00% Yes

GS-14 0.98% 0.00% Yes

GS-13 0.67% 0.00% Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 93 of 104 

5. Does your agency have a trigger involving PWD among the qualified internal

applicants and/or selectees for promotions to supervisory positions? (The 

appropriate benchmarks are the relevant applicant pool for qualified internal 

applicants and the qualified applicant pool for selectees.) If “yes”, describe the 

trigger(s) in the text box. 

a. Executives 

i. Qualified Internal Applicants (PWD) Yes X No 0

ii. Internal Selections (PWD) Yes X No 0

b. Managers

i. Qualified Internal Applicants (PWD) Yes X No 0

ii. Internal Selections (PWD) Yes X No 0

c. Supervisors 

i. Qualified Internal Applicants (PWD) Yes X No 0

ii. Internal Selections (PWD) Yes X No 0

Source: Table B8: PWD Qualified Internal Applicants and Selectees all fell 

lower than their benchmarks, indicating triggers. 

Supervisory 

Positions 

PWD

RELEVANT 

APPL POOL

QUAL 

INTERNAL 

APPL

Triggers 

Yes/No

INTERNAL 

SELECTION

Triggers 

Yes/No

Executives 9.38% 3.13% Yes 0.00% Yes

Managers 7.92% 1.45% Yes 0.00% Yes

Supervisors 11.29% 3.79% Yes 0.00% Yes

6. Does your agency have a trigger involving PWTD among the qualified internal

applicants and/or selectees for promotions to supervisory positions? (The 

appropriate benchmarks are the relevant applicant pool for qualified internal 

applicants and the qualified applicant pool for selectees.) If “yes”, describe the 

trigger(s) in the text box. 

a. Executives

i. Qualified Internal Applicants (PWTD) Yes X No 0

ii. Internal Selections (PWTD) Yes X No 0

b. Managers

i. Qualified Internal Applicants (PWTD) Yes X No 0

ii. Internal Selections (PWTD) Yes 0 No X

c. Supervisors 

i. Qualified Internal Applicants (PWTD) Yes X No 0

ii. Internal Selections (PWTD) Yes X No 0

Source: Table B8: Most PWTD Qualified Internal Applicants and Selectees all 

fell lower than their benchmarks, indicating triggers. 

Supervisory PWD
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 94 of 104 

Positions 

RELEVANT 

APPL POOL

QUAL 

INTERNAL 

APPL

Triggers 

Yes/No

INTERNAL 

SELECTION

Triggers 

Yes/No

Executives 4.02% 3.13% Yes 0.00% Yes

Managers 2.51% 0.00% Yes 0.00% No

Supervisors 2.07% 0.76% Yes 0.00% Yes

7. Using the qualified applicant pool as the benchmark, does your agency have a 

trigger involving PWD among the selectees for new hires to supervisory 

positions? If “yes”, describe the trigger(s) in the text box. 

a. New Hires for Executives (PWD) Yes X No 0

b. New Hires for Managers (PWD) Yes X No 0

c. New Hires for Supervisors (PWD) Yes X No 0

Source: Table B8: The PWD were selected at rates lower than the qualified 

applicant pool within the Executive, Manager and Supervisor ranks, indicating 

triggers. 

Supervisory 

Positions 

PWD

QUAL APPL POOL SELECTIONS Triggers Yes/No

Executives 1.61% 0.00% Yes

Managers 3 45% 0.00% Yes

Supervisors 3.23% 0.00% Yes

8. Using the qualified applicant pool as the benchmark, does your agency have a 

trigger involving PWTD among the selectees for new hires to supervisory 

positions? If “yes”, describe the trigger(s) in the text box. 

a. New Hires for Executives (PWTD) Yes X No 0

b. New Hires for Managers (PWTD) Yes X No 0

c. New Hires for Supervisors (PWTD) Yes X No 0

Source: Table B8: The PWTD were selected at rates lower than the qualified 

applicant pool within the Executive, Manager and Supervisor ranks, indicating 

triggers. 

Supervisory Positions 

PWTD

QUAL APPL 

POOL SELECTIONS Triggers Yes/No

Executives 0.40% 0.00% Yes

Managers 1.15% 0.00% Yes

Supervisors 0.65% 0.00% Yes

Section V: Plan to Improve Retention of Persons with Disabilities 

To be a model employer for persons with disabilities, agencies must have policies and programs 

in place to retain employees with disabilities. In this section, agencies should: (1) Analyze 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 95 of 104 

workforce separation data to identify barriers retaining employees with disabilities; (2) describe 

efforts to ensure accessibility of technology and facilities; and (3) provide information on the 

reasonable accommodation program and workplace personal assistance services. 

A. VOLUNTARY AND INVOLUNTARY SEPARATIONS

1. In this reporting period, did the agency convert all eligible Schedule A employees 

with a disability into the competitive service after two years of satisfactory service 

(5 C.F.R. § 213.3102(u)(6)(i))? If “no”, please explain why the agency did not 

convert all eligible Schedule A employees. 

Yes 0 No X N/A 0

Four Schedule A employees were converted in FY 22; two separated prior to their 

two years and did not get converted; and one was not converted due to the delay 

in FTE availability but will be counted as converted in FY 23. 

2. Using the inclusion rate as the benchmark, did the percentage of PWD among 

voluntary and involuntary separations exceed that of persons without disabilities? 

If “yes”, describe the trigger below. 

a. Voluntary Separations (PWD) Yes 0 No X

b. Involuntary Separations (PWD) Yes X No 0

Source: Table B1-2 - Separations by Type of Separation - Distribution by 

PWD - Permanent Workforce: Based on the inclusion rate in FY 22, the 

voluntary separation rate for PWD (8.24 percent) was lower than employees 

without a disability (9.27 percent) for the permanent workforce. The PWD 

involuntary separation rate (0.59 percent) however, is higher than the non-PWD 

involuntary separation rate (0.08 percent), indicating a trigger. 

3. Using the inclusion rate as the benchmark, did the percentage of PWTD among 

voluntary and involuntary separations exceed that of persons without targeted 

disabilities? If “yes”, describe the trigger below. 

a. Voluntary Separations (PWTD) Yes 0 No X 

b. Involuntary Separations (PWTD) Yes X No 0

FY 2022 

Separations

Inclusion Rate for EEO 

Group

FHWA Total 

Permanent Workforce 

Inclusion

Trigger

Formula

Inclusion Rate [Divide 

the Total # of PWD 

separations by their total 

# in the FHWA 

permanent workforce]

Benchmark-Inclusion 

Rate [Divide the Pw/oD 

separations into their 

respective # in Perm 

Workforce]

[Triggers exist if 

Inclusion rate for 

PWD is higher than 

Inclusion rate for 

Pw/oD]

PWD Voluntary 28/340 = 8.24% 221/2383 = 9.27% No

PWD Involuntary 2/340 = 0.59% 2/2383 = 0.08% Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 96 of 104 

Source: Table B1-2 - Separations by Type of Separation - Distribution by 

PWTD - Permanent Workforce: Based on the inclusion rate in FY 22, the 

voluntary separation rate for PWTD (8.64 percent) was lower than employees 

without a disability (9.27 percent) for the permanent workforce. The PWD 

involuntary separation rate (2.47 percent) however, is higher than the non-PWD 

involuntary separation rate (0.08 percent), indicating a trigger. 

4. If a trigger exists involving the separation rate of PWD and/or PWTD, please 

explain why they left the agency using exit interview results and other data 

sources. . 

Participation in exit interviews and exit surveys is voluntary. In the exit surveys 

submitted for FY 22, individuals who self-identified as having a disability and did 

not identify as individual with a targeted disability specified the following reasons 

for their separation: 

• One PWD from Quarter One: Retirement

• Three PWDs from Quarter Two: Transferred - one promotion, two lateral 

moves. 

B. ACCESSIBILITY OF TECHNOLOGY AND FACILITIES

Pursuant to 29 C .F.R. § 1614.203(d)(4), Federal Agencies are required to inform 

applicants and employees of their rights under Section 508 of the Rehabilitation Act of 

1973 (29 U.S.C. § 794(b), concerning the accessibility of agency technology, and the 

Architectural Barriers Act of 1968 (42 U.S.C. § 4151-4157), concerning the accessibility 

of agency facilities. In addition, agencies are required to inform individuals where to file 

complaints if other agencies are responsible for a violation. 

1. Please provide the internet address on the agency’s public Website for its notice 

explaining employees’ and applicants’ rights under Section 508 of the 

Rehabilitation Act, including a description of how to file a complaint. 

The internet address on the FHWA’s public Website regarding Section 508 of the 

Rehabilitation Act of 1973, including a description of how to file a complaint is 

https://www.fhwa.dot.gov/508/.

FY 2022 

Separations

Inclusion Rate for EEO 

Group

FHWA Total 

Permanent Workforce 

Inclusion

Trigger

Formula

Inclusion Rate [Divide 

the Total # of PWTD 

separations by their total 

# in the FHWA 

permanent workforce]

Benchmark-Inclusion 

Rate [Divide the Pw/oD

separations into their 

respective # in Perm 

Workforce]

[Triggers exist if 

Inclusion rate for 

PWTD is higher 

than Inclusion rate 

for Pw/oD]

PWTD Voluntary 7/81 = 8.64% 221/2383 = 9.27% No

PWTD 

Involuntary 2/81 = 2.47% 2/2383 = 0.08% Yes
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 97 of 104 

2. Please provide the internet address on the agency’s public Website for its notice 

explaining employees’ and applicants’ rights under the Architectural Barriers Act, 

including a description of how to file a complaint. 

The internet address on the FHWA’s public Website regarding Architectural 

Barriers Act is https://www.fhwa.dot.gov/accessibility/.

3. Describe any programs, policies, or practices that the agency has undertaken, or 

plans on undertaking over the next fiscal year, designed to improve accessibility 

of agency facilities and/or technology. 

The FHWA has issued a memo on accessibility that provides roles and 

responsibilities for staff to ensure that virtual event is accessible for all 

participants. Also, FHWA has made modifications to the MS Teams Web 

conferencing format to allow for audio/bridge lines to ensure video relay services 

can connect into meetings.

The Section 508 program held 85 instructor-led training sessions in FY 22 to train 

employees on their responsibilities under Section 508. Instructor-led training will 

continue monthly in FY 23. New training development will continue in FY 23. 

The Section 508 learning portal was launched where employees can take Section 

508 training on demand. New training will be added in FY 23. 

C. REASONABLE ACCOMMODATION PROGRAM

Pursuant to 29 C.F.R. § 1614.203(d)(3), agencies must adopt, post on their public 

Website, and make available to all job applicants and employees, reasonable 

accommodation procedures. 

1. Please provide the average time frame for processing initial requests for 

reasonable accommodations during the reporting period. (Please do not include 

previously approved requests with repetitive accommodations, such as 

interpreting services.)

The average processing time in FY 22 for RA Requests was 91.8 days. 

The average processing time in FY 22 for RA Requests less than 25 days was 2.4 

days. 

The average processing time in FY 22 for RA Requests greater than 25 days was 

89.3 days. 

Processing time increased in FY 22 due to multiple extenuating circumstances, to 

include an uptick in requests connected to the Agency’s return to the office. 

When possible, employees were provided with interim accommodations. To 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 98 of 104 

resolve the delay in processing times, FHWA added more personnel to this 

program to manage processing times. 

2. Describe the effectiveness of the policies, procedures, or practices to implement 

the agency’s reasonable accommodation program. Some examples of an effective 

program include timely processing requests, timely providing approved 

accommodations, conducting training for managers and supervisors, and 

monitoring accommodation requests for trends. 

During FY 22, FHWA finalized its draft Reasonable Accommodation procedures 

to comply with DOT Order 1101.1B “Procedures for Processing Reasonable 

Accommodation Requests by DOT Job Applicants and Employees with 

Disabilities.” In addition, FHWA modified its medical documentation template; 

closeout letter; and overview checklists for managers/supervisors outlining the 

reasonable accommodation responsibilities. Moreover, the Disability Program 

Manager provided virtual training at the FY 22 EEO Symposium held in the 

summer of FY 22. The Disability Program Manager was a panelist at the EEO 

Virtual Awareness Symposium for Agency employees. 

D. PERSONAL ASSISTANCE SERVICES ALLOWING EMPLOYEES TO 

PARTICIPATE IN THE WORKPLACE

Pursuant to 29 C.F.R. § 1614.203(d)(5), Federal agencies, as an aspect of affirmative 

action, are required to provide personal assistance services (PAS) to employees who need 

them because of a targeted disability, unless doing so would impose an undue hardship 

on the agency. 

1. Describe the effectiveness of the policies, procedures, or practices to implement 

the PAS requirement. Some examples of an effective program include timely 

processing requests for PAS, timely providing approved services, conducting 

training for managers and supervisors, and monitoring PAS requests for trends. 

This is handled at the Departmental level by DOT. 

Section VI: EEO Complaint and Findings Data 

A. EEO COMPLAINT INVOLVING HARASSMENT

1. During the last fiscal year, did a higher percentage of PWD file a formal EEO 

complaint alleging harassment, as compared to the government-wide average?

Yes X No 0 N/A 0

2. During the last fiscal year, did any complaints alleging harassment based on 

disability status result in a finding of discrimination or a settlement agreement?

Yes X No 0 N/A 0

3. If the agency had one or more findings of discrimination alleging harassment 

based on disability status during the last fiscal year, please describe the corrective 

measures taken by the agency. 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 99 of 104 

B. EEO COMPLAINT DATA INVOLVING REASONABLE ACCOMMODATION

1. During the last fiscal year, did a higher percentage of PWD file a formal EEO 

complaint alleging failure to provide a reasonable accommodation, as compared 

to the government-wide average?

Yes 0 No X N/A 0

2. During the last fiscal year, did any complaints alleging failure to provide 

reasonable accommodation result in a finding of discrimination or a settlement 

agreement?

Yes 0 X No X N/A 0

3. If the agency had one or more findings of discrimination involving the failure to 

provide a reasonable accommodation during the last fiscal year, please describe 

the corrective measures taken by the agency. 

Section VII: Identification and Removal of Barriers

Element D of MD-715 requires agencies to conduct a barrier analysis when a trigger suggests 

that a policy, procedure, or practice may be impeding the employment opportunities of a 

protected EEO group. 

1. Has the agency identified any barriers (policies, procedures, and/or practices) that affect 

employment opportunities for PWD and/or PWTD? 

Yes X No 0 

2. Has the agency established a plan to correct the barrier(s) involving PWD and/or PWTD? 

Yes X No 0 N/A 0

3. Identify each trigger and plan to remove the barrier(s), including the identified barrier(s), 

objective(s), responsible official(s), planned activities, and, where applicable, 

accomplishments. 

Trigger 1 Individuals with targeted disabilities (PWTD) have a low participation rate in 

the FHWA workforce in grades GS-13 to SES. 

Barrier(s)

Recruitment Practices: The FHWA focuses recruitment on distributing 

competitive vacancy announcements. 

Reasonable Accommodation: The FHWA needs to finalize and market its 

written procedures for Reasonable Accommodations for FHWA employees. 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 100 of 104 

Objective(s)

Increase hiring managers’ and HR Specialists’ awareness and knowledge of 

how to use non-competitive hiring authorities for individuals with disabilities 

(Schedule A; “On-the-Spot”). Increased awareness of this hiring flexibility 

will assist the Agency in reaching the EEOC hiring goal that 2 percent of all 

new hires at GS-1 to 10 and GS-11 to SES should be PWTD. 

The purpose of developing and implementing FHWA-specific reasonable 

accommodation procedures is to provide employees as well as supervisors and 

managers with an easy-to-understand, step-by-step explanation of the 

Reasonable Accommodation process. These procedures outline the steps for 

requesting or responding to requests for Reasonable Accommodation at 

FHWA. 

Responsible Official(s)

Performance Standards Address the 

Plan?

(Yes or No)

David Lewis, Director, Office of Human Resources Yes

Tanya Emam, Operations Team Leader, Office of 

Civil Rights Yes

Barrier Analysis Process Completed?

(Yes or No)

Barrier(s) Identified?

(Yes or No)

Sources of Data

Sources 

Reviewed?

(Yes or 

No)

Identify Information Collected

Workforce Data Tables Yes

Complaint Data (Trends) Yes

Grievance Data (Trends) No

Findings from Decisions (e.g., 

EEO, Grievance, MSPB, AntiHarassment Processes) Yes

Climate Assessment Survey (e.g., 

FEVS) Yes

Exit Interview Data No

Focus Groups No

Interviews No

Reports (e.g., Congress, EEOC, 

MSPB, GAO, OPM) Yes

Other (Please Describe) Yes Agency Recruitment Plan; Diversity Hiring 

Guide; & Merit Promotion Plan
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 101 of 104 

Target Date 

(mm/dd/yyyy) Planned Activities

Sufficient 

Staffing 

& 

Funding

(Yes or 

No)

Modified Date

(mm/dd/yyyy) 

Completion 

Date

(mm/dd/yyyy) 

Ongoing 

Educate hiring managers and 

HR Specialists on available 

hiring flexibilities to include 

Schedule A. 

Yes 09/30/2024 

Ongoing 

The FHWA will analyze data 

regarding disability status 

reporting of preference eligible 

veterans to determine what, if 

any, outreach education should 

be developed to encourage 

identifying as a PWD/PWTD. 

Yes 09/30/2024 

Ongoing 

Develop step by step 

procedures on the Reasonable 

Accommodations process in 

easy-to-use format for 

employees. 

Yes 09/30/2022 

FY Accomplishments

2022 

The FHWA’s Disability Program Manager, Team Lead, and Detailee provided 

RA guidance to employees and managers and assisted in processing 52 RA 

requests during FY 22. 

2022 The FHWA’s Disability Program Manager provided virtual RA training at the 

FY 22 Virtual EEO Awareness Symposium. 

2022 The FHWA completed its draft Reasonable Accommodation Procedures that 

will be used by employees, including manager and supervisors. 

Trigger 2

Individuals with disabilities (PWD) and targeted disabilities (PWTD) have a 

lower participation rate in selection for FHWA leadership pipeline positions in 

GS-13 to SES. 

Barrier(s)

Career Development, Internal Promotion, & New Hires: The FHWA explores 

potential blocked pipelines in grade. The DOT has not identified the causes of 

the condition at the time of reporting. 

Reasonable Accommodation: The FHWA explores reasonable accommodation 

and accessibility needs of applicants to address the lower participation rate for 

new hires in selection at higher grades (GS-15/SES). 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 102 of 104 

Objective(s)

The FHWA will continue to implement and explore leadership pipeline efforts 

within internal promotion practices for PWD and PWTD (i.e., interviewing, 

locational qualification considerations, performance reviews/awards, etc.). 

Align and jointly perform this effort with Section I2- Identified Plan to 

Eliminate Barriers of FY 22 MD-715 Report. 

Responsible Official(s) Performance Standards Address the Plan?

(Yes or No)

David Lewis, Director, Office of Human 

Resources Yes

Tanya Emam, Operations Team Leader, 

Office of Civil Rights Yes

Barrier Analysis Process Completed?

(Yes or No)

Barrier(s) Identified?

(Yes or No)

Sources of Data

Sources 

Reviewed?

(Yes or 

No)

Identify Information Collected

Workforce Data Tables Yes

Complaint Data (Trends) Yes

Grievance Data (Trends) No

Findings from Decisions (e.g., 

EEO, Grievance, MSPB, AntiHarassment Processes) Yes

Climate Assessment Survey 

(e.g., FEVS) Yes

Exit Interview Data No

Focus Groups No

Interviews No

Reports (e.g., Congress, EEOC, 

MSPB, GAO, OPM) Yes

Other (Please Describe) Yes Agency Recruitment Plan; Diversity Hiring 

Guide; & Merit Promotion Plan

Target Date 

(mm/dd/yyyy) Planned Activities

Sufficient 

Staffing & 

Funding

(Yes or No)

Modified Date

(mm/dd/yyyy) 

Completion 

Date

(mm/dd/yyyy) 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 103 of 104 

Target Date 

(mm/dd/yyyy) Planned Activities

Sufficient 

Staffing & 

Funding

(Yes or No)

Modified Date

(mm/dd/yyyy) 

Completion 

Date

(mm/dd/yyyy) 

09/30/22 

Roll out and implement a 

Reasonable Accommodation 

Request Portal to create a 

user-friendly and seamless 

RA request process for both 

requestors and 

decisionmakers. 

Yes 06/30/2023 

Ongoing 

Provide training to all 

FHWA staff on FHWA’s 

Reasonable Accommodation 

procedures and process. 

Yes

Ongoing 

Conduct site visits to FHWA 

regional offices that have not 

yet received in person RA 

training and/or require 

additional training for RA 

process improvement and 

fostering an inclusive 

environment. 

Yes

FY Accomplishments

2022 

The Office of Civil Rights partnered with FHWA’s Data Visualization Center 

to create an RA request hub for employees to submit their request, managers to 

review and render an RA decision, and Disability Program Managers to track 

requests and associated timelines. The request hub is in a final testing status 

and the Office of Civil Rights is collaborating with the Office of Information 

Technology to ensure medical documentation including SPII is stored in a 

confidential manner. 

2022 The FHWA hosted a session during NDEAM. The keynote speaker, Alexander 

Van Hook, is a law student with multiple disabilities. 

2022 

The Disability Program Manager provided training for FHWA 

Managers/Supervisors and employees on the Reasonable Accommodation 

process. 

4. Please explain the factor(s) that prevented the agency from timely completing any of the 

planned activities. 

While the RA request hub for employees has been developed and piloted, a barrier arose 

regarding storing SPII on a SharePoint site. After the Office of Civil Rights was advised 

not to store medical documentation via the SharePoint site, additional collaboration and 

planning with the Office of Information Technology began. The adjusted target 

implementation date is no 06/30/2023. 
EEOC FORM

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Page 104 of 104 

5. For the planned activities that were completed, please describe the actual impact of those 

activities toward eliminating the barrier(s).

The FY 22 NDEAM informational session provided FHWA employees with an example 

of a success story in the disability community. Employees were shown an example of an 

individual who despite many barriers, is successfully accomplishing their goals and 

preparing for a career with a pipeline to leadership. 

The RA training provided during FY 22 assisted in creating an FHWA population that is 

informed of the RA process and how it may assist individuals to perform their essential 

work functions. When barriers are removed and effective reasonable accommodation 

solutions are implemented, PWDs and PWTDs are better positioned to succeed in their 

role and potential promotional opportunities. 

6. If the planned activities did not correct the trigger(s) and/or barrier(s), please describe 

how the agency intends to improve the plan for the next fiscal year. 

In FY 23, FHWA will conduct a barrier analysis to determine why PWDs and PWTDs 

have a lower participation rate in selection for FHWA leadership pipeline positions in 

GS-13 to SES, which will include an analysis of job descriptions, qualification criteria, 

interview procedures, or other factors that could be unintentionally excluding qualified 

candidates. Training will also be provided to managers, supervisors, and HR staff on 

disability inclusion, reasonable accommodations, and unconscious bias.