Page 1

HHS Food and Drug Administration FY 2020

Affirmative Action 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 affirmative action plan will 

improve the recruitment, hiring, advancement, and retention of applicants and employees with disabilities.

Section I: Efforts to Reach Regulatory Goals

EEOC regulations (29 CFR §1614.203(d)(7)) require agencies to establish specific numerical goals for increasing the participation 

of persons with disabilities and persons with 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) Answer No

b. Cluster GS-11 to SES (PWD) Answer No

The FDA cannot conclusively state whether in FY20 there were triggers in the above GS clusters. FY20 workforce data had 

significant quality issues, thus we could not conduct a thorough analysis of it. However, past data reveals that the FDA has met the 

benchmark of 12% for PWD in cluster GS-1 to GS-10, but it has not met the benchmark of 12% for PWD in grades GS-11 to SES.

*For GS employees, please use two clusters: GS-1 to GS-10 and GS-11 to SES, as set forth in 29 C.F.R. § 1614.203(d)(7). For all 

other pay plans, please use the approximate grade clusters that are above or below GS-11 Step 1 in the Washington, DC 

metropolitan region.

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) Answer No

b. Cluster GS-11 to SES (PWTD) Answer Yes

The FDA cannot conclusively state whether in FY20 there were triggers in the above GS clusters. FY20 workforce data had 

significant quality issues, thus we could not conduct a thorough analysis of it. However, past data reveals that the FDA has met the 

benchmark of 12% for PWTD in cluster GS-1 to GS-10, but it has not met the benchmark of 12% for PWTD in grades GS-11 to 

SES.

Grade Level Cluster(GS or Alternate Pay 

Planb)

Total Reportable Disability Targeted Disability

# # % # %

Numarical Goal -- 12% 2%

Grades GS-1 to GS-10 977 137 14.02 23 2.35

Grades GS-11 to SES 14101 719 5.10 98 0.69

3. Describe how the agency has communicated the numerical goals to the hiring managers and/or recruiters.

The FDA does not have a consistent method of communicating the 2% and 12% numerical goals to hiring managers and recruiters. 

This deficiency is a priority for the OEEO and key stakeholders and will be addressed in future strategic planning, particularly as 

the OEEO develops DEIA and EEO Strategic Plans, slated to be completed at the beginning of FY22.
HHS Food and Drug Administration FY 2020

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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 & 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.

Answer No

As of September 2020, the Reasonable Accommodations Office (RAO) staff included seven (7) FTEs, to include two (2) full time 

Interpreting Services staff. The office is projected to add one additional FTE in FY21. The staff is qualified to implement the 

reasonable accommodations program at the FDA. in FY20 OEEO experienced a high-level of employee attrition due to retirements 

and resignations. in FY20 OEEO experienced a high-level of employee attrition due to retirements and resignations. Currently, the 

FDA does not have a full time Disability Program Manager tasked with managing the disability program. We recognize that a 

Disability Program Manager position is mandated and established by law. In FY21 OEEO will recruit for a Diversity, Equity, and 

Inclusion Program Manager who will be tasked with monitoring elements of the disability program. In FY22-23 the OEEO plans to 

fill several vacancies, which might include the DPM role, pending budget availability. During FY21 The OEEO will continue its 

collaboration with the RAO team for reasonable accommodations and the Office of Talent Solutions (OTS) Policy, Programs and 

Accountability Staff (PAS) regarding the disability program.

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 

Full Time Part Time Collateral Duty Email)

Processing applications from PWD and PWTD 4 0 5 Nolan L. Jones, HR 

Specialist (Special 

Placement Programs 

Coordinator), OTS, 

Nolan.Jones@fda.hhs.gov

Jessica Romero, HR 

Specialist (Schedule A 

Program Coordinator), 

OTS, 

Jessica.Romero@fda.hhs.gov

Patricia Lawson, HR 

Specialist (Priority 

Placement Programs 

Coordinator), OTS, 

Patricia.Lawson@fda.hhs.gov

Processing reasonable accommodation requests 

from applicants and employees

7 2 0 Tiffany Branch, Director, 

OEMS, 

Tiffany.Branch@fda.hhs.gov

Anaury Angeles; EEO 

Specialist, OEMS; 

Anaury.Angeles@fda.hhs.gov

Answering questions from the public about 

hiring authorities that take disability into 

account

4 0 5 OTS Special Placement 

Program Coordinators 

(from list above), OTS 

Policy Staff (5 

employees), and all OTS 

Staff (HR Specialists) who 

posts job announcements.
HHS Food and Drug Administration FY 2020

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Disability Program Task

# of FTE Staff By Employment Status Responsible Official 

(Name, Title, Office 

Full Time Part Time Collateral Duty Email)

Section 508 Compliance 1 0 0 Rita Harrison

IT Specialist

Architectural Barriers Act Compliance 0 0 0

Special Emphasis Program for PWD and 

PWTD

0 0 0

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.

Answer Yes

All reasonable accommodation staff members received a minimum of eight hours of reasonable accommodation related training. 

The RAO staff completed the following trainings: - National Employment Law Institute (NELI) ADA Workshop - Gilbert and 

Kaplan: Nuts and Bolts of Disability Law and Reasonable Accommodation To carry out its responsibilities regarding the disability 

program, the OTS Special Placement Program Coordinators will receive training to provide support and assistance to the disability 

program.

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.

Answer Yes

Section III: Program Deficiencies In The Disability Program

Brief Description of Program 

Deficiency

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]

Brief Description of Program 

Deficiency

C.2.b.5. Does the agency process all initial accommodation requests, excluding ongoing interpretative services, 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, excluding ongoing interpretative services, in the comments column.
HHS Food and Drug Administration FY 2020

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Brief Description of Program 

Deficiency

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.

Objective To include the FDAs PAS Procedures on its public website.

Target Date Sep 30, 2021

Completion Date

Planned Activities

Target Date Completion Date Planned Activity

Sep 30, 2021 Coordinate with stakeholders to develop and publish PAS Procedures on 

FDA public website.

Accomplishments

Fiscal Year Accomplishment

2020 Accomplishments will be included in the FY21 MD-715 Report.

Brief Description of Program 

Deficiency

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)]

Objective To develop a structure where FDA employees can have an avenue to communicate how the agency 

can improve the recruitment, hiring inclusion, and advancement of individuals with disabilities.

Target Date Sep 30, 2022

Completion Date

Planned Activities

Target Date Completion Date Planned Activity

Oct 31, 2021 The OEEO will meet with the Office of Talent Solutions (OTS) to 

determine the best path forward include measures to improve the 

employment lifecycle of individuals with disabilities.

Accomplishments

Fiscal Year Accomplishment

2020 Accomplishments will be included in the FY21 MD-715 Report.

Section IV: 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 APPLICATIONS WITH DISABILITIES

1. Describe the programs and resources the agency uses to identify job applicants with disabilities, including individuals with 

targeted disabilities.

FDA utilized a variety of recruitment strategies (Virtual Job fairs, JOAs include eligibility question for PWD/PWTD, Wounded 

Warriors Program, etc.) designed to increase the number of qualified applicants with disabilities and applicants with targeted 

disabilities, including veterans with disabilities. The FDA continuously utilized the USAStaffing Applicant Talent System and the 

FDA Resume Repository to identify job applicants with disabilities/targeted disabilities. The FDA Resume Repository is a 

SharePoint tool utilized by FDA Managers and Supervisors and Human Resources Staff for the purposes of streamlining the hiring 

process for Schedule A applicants and Veteran hires into the Federal workforce. FDA continues to maintain a database with 

resumes of PWD and PWTD. Hiring managers are strongly encouraged to review those applications for Schedule A hiring 

considerations prior to posting job opportunity announcements (JOAs).

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

In addition to the Schedule A (5 C.F.R. 213.3102(u) hiring authority, the FDA uses other hiring authorities under Title 5, Title 21, 
HHS Food and Drug Administration FY 2020

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and Title 42 to recruit PWD and PWTD to positions within its permanent workforce.

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.

FDA requests from the applicant documentation of eligibility for employment under Schedule A that can be obtained from a 

licensed medical professional (e.g., a physician or other medical professional certified by a state, the District of Columbia, or a U.S. 

territory to practice medicine); a licensed vocational rehabilitation specialist (i.e., state or private); or any Federal agency, state 

agency, or agency of the District of Columbia or a U.S. territory that issues or provides disability benefits. The Schedule A Program 

Coordinator (SAPC) receives a request to hire Schedule A applicant package from the OTS HR Specialist to include the Schedule A 

letter as cited above. The letter is then, separated from the package, reviewed for content/format and then forwarded to the 

Healthcare Provider for disability verification using the FDA Schedule A Verification form (The FDA Special Placement Program 

Staff created a template verification form letter that was designed to streamline the verification process. The form is sent along with 

the applicant’s Schedule A letter to the medical/service provider to verify the certification letter they signed on behalf of their 

patient/client). Once the information has been verified (validated) by a licensed medical professional or a licensed vocational 

rehabilitation specialist, they will sign the FDA Schedule A Verification form and send it back to the SAPC. The SAPC will then 

inform the OTS HR Specialist of the results and send back the resume/application/verified Schedule A letter to document the 

recruitment package. The OTS HR Specialist works with the FDA Manager/Supervisor to issue the noncompetitive certificate of 

eligibility, document the selection, and finalize the job offer/onboarding process. If the PWD and PWTD candidate is selected for 

the position, FDA encourages the manager to convert the applicant from noncompetitive to career conditional after two years. The 

Office of Talent Solutions launched in FY17 a searchable Schedule A candidate database for hiring managers and continues to 

maintain it on the OHR's SharePoint site. This database is a searchable applicant database for Disabled Veterans, Schedule A, and 

Veterans' Recruitment Appointment (VRA). Managers have access to this database and are encouraged to hire these candidates. In 

FY19, the OTS officially launched the FDA Resume Repository and began providing training regarding the Special Placement 

Programs and utilization of the resume repository as a hiring tool to all FDA managers and supervisors. Additionally, the OTS staff 

was trained on this hiring tool.

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.

Answer Yes

FDA conducted trainings for all hiring managers including those that are mandatory by HHS/OPM, and other optional trainings, at 

least annually. FDA also maintains and updates a Resume Repository of individuals seeking employment for any of the covered 

hiring authorities. FDA managers and supervisors are provided a demonstration on how to use the repository as part of their training.

B. PLAN TO ESTABLISH CONTACTS WITH DISABILITY EMPLOYMENT ORGANIZATIONS

Describe the agency’s efforts to establish and maintain contacts with organizations that assist PWD, including PWTD, in 

securing and maintaining employment.

FDA has established MOUs with several minority serving institutions and organizations, to assist with hiring PWD and PWTD for 

positions within the agency. This is in addition to the current agreements that we have with state vocational rehabilitation agencies 

and with the US Department of Labor. There is a Career and Student Profile System to recruit staff for PWD and PWTD for 

internships and career opportunities within the agency. We also utilized the Workforce Recruitment Program (WRP). WRP is a 

recruitment and referral program that connects federal and private-sector employers nationwide with highly motivated college 

students and recent graduates with disabilities who are eager to demonstrate their abilities in the workplace through summer or 

permanent jobs. Additionally, the FDA’s Advisory Committee for Employees with Disabilities (ACED) is an advisory board 

chartered by the Commissioner, FDA to provide advice on policies, issues, and concerns impacting employees with disabilities 

within FDA and those seeking employment by the agency. The ACED is a communication channel between FDA employees and 

management.
HHS Food and Drug Administration FY 2020

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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) Answer Yes

b. New Hires for Permanent Workforce (PWTD) Answer Yes

Among New Hires using the B tables in FY19, (GS-1 to GS-11), The selection rate for PWDs was 5.91% and for PWTDs it was 

1.07%. For GS-13 to SES, PWDs was 4.57% and PWTDs was 0.81%. Using the Applicant Flow Data (AFD) Yes, triggers exist for 

PWD and PWTD among the new hires in the permanent workforce. The participation rate of PWDs is only 2.8%, which is 9.3% 

below the 12% benchmark. The participation rate of PWTD is 0.9% which is 1.1% below the benchmark of 2%. Separations for 

PWD and PWTD also exceed new hires in FY19, indicating that recruitment goals are not being met in addition to there being a 

potential retention barrier. In FY19 14 PWTD separated while AFD reflects only 1 new EOD(Entrance On Duty) from this group. A 

similar trend is seen in PWD where a total of 61 PWD separated from the Agency while AFD reflects only 3 new EODs for this 

group.

New Hires Total

Reportable Disability Targeted Disability

Permanent 

Workforce

Temporary 

Workforce

Permanent 

Workforce

Temporary 

Workforce

(#) (%) (%) (%) (%)

% of Total 

Applicants

% of Qualified 

Applicants

% of 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. Select “n/a” if the applicant data 

is not available for your agency, and describe your plan to provide the data in the text box.

a. New Hires for MCO (PWD) Answer Yes

b. New Hires for MCO (PWTD) Answer Yes

Using the Applicant Flow Data (AFD) report, triggers exist both for PWD and PWTD . Triggers exist for all MCOs with the 

exception of the 0301 series PWD group. PWOD IR for all recruited MCOs was a positive value, where the IR for PWD and PWTD 

was typically 0%. A single PWD selection was made in the 0301 series informing an inclusion rate of 1.1% for PWD. This exceeds 

the inclusion rate of 0.9% for PWOD. Therefore, a trigger does not exist for the 0301 MCO for PWD. There is a trigger in the case 

of PWTD for this group. In the case of MCOs 0110, 0401, 0403, 0405, 0601, 0696, 1320 and 1529, the original applicant pool sizes 

were insufficient to inform a full FTE when applying the PWOD IR. For example, the applicant pool for series 0601 PWD is 20; if 

the 0601 PWOD IR is applied to this pool size, the product is less than 1 FTE (.003*20=0.06 FTE). This points to a possible barrier 

where recruitment approach is concerned. Mitigation should focus on finding ways to increase the applicant pool size.

New Hires to Mission-Critical Occupations

Total

Reportable Disability Targetable Disability

New Hires New Hires

(#) (%) (%)

Numerical Goal -- 12% 2%

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 mission-critical occupations (MCO)? If “yes”, please describe the triggers below. Select “n/a” if 

the applicant data is not available for your agency, and describe your plan to provide the data in the text box.

a. Qualified Applicants for MCO (PWD) Answer Yes
HHS Food and Drug Administration FY 2020

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b. Qualified Applicants for MCO (PWTD) Answer Yes

Using the Applicant Flow Data (AFD) report, YES. Triggers exist for all MCOs with the exception of the 0110, 0343, 0696, and 

1529 series for the PWD group; and series 0696 for PWTD. In each of these cases, the IR for PWD/PWTD exceeded the IR for 

PWOD. In all other cases, PWOD IR for all recruited MCOs was a positive value, where the IR for PWD and PWTD was typically 

0%. The 0301 and 0343 MCOs were less severe cases in that one or more PWD selection was made from these groups to inform a 

positive inclusion rate higher than 0%. AFD signals a disparity when these inclusion rates are compared to the same for PWOD. For 

example, the 0343 MCO series has an inclusion rate of 3.8% for PWTD compared to the PWOD IR for the same group which is 

4.3%. This is a relatively small gap (.5%) which can be closed more easily than the cases of 0% IR MCOs. The 0301 MCO series 

also reflects a positive IR at 3% for PWTD and 4% for PWD, compared to the 4.3% IR for PWOD. In the case of MCOs 0110, 

0401, 0403, 0405, 0701, 1320, and 1529, the original applicant pool sizes were insufficient to inform a full FTE when applying the 

PWOD IR. For example, the applicant pool for series 0403 is zero providing no basis to apply an IR. This points to a possible 

barrier where recruitment approach is concerned. Mitigation should focus on finding ways to increase the applicant pool size. In the 

case of the 1529 MCO series, although the applicant pool for PWD is small (7 qualified), if the PWOD IR for the same series is 

applied to this pool size, one would expect 2-3 selections to be made from this group versus the single selection made, based on the 

PWOD IR of 45% for this series. This points to a trigger for PWD Selection IR for the 1529 MCO series.

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. Select “n/a” if the 

applicant data is not available for your agency, and describe your plan to provide the data in the text box.

a. Promotions for MCO (PWD) Answer No

b. Promotions for MCO (PWTD) Answer Yes

a. FDA's overall rate for PWDs was 5.64% in FY19. Of the 853 employees selected for internal promotions in major occupations, 

6.57% were PWDs. b. FDA's overall rate for PWTDs was 1.04% in FY19. Of the 853 employees selected for internal promotions in 

major occupations, 0.59% were PWTDs. Data from Tables B-1 and B-9.

Section V: 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

Describe the agency’s plan to ensure PWD, including PWTD, have sufficient opportunities for advancement.

FDA plans to provide opportunities and advancement for PWD and PWTD. The OEEO will work with the Office of Talent 

Solutions (OTS) and the Office of Human Capital Management (OHCM) to identify opportunities for training/mentoring, career 

development, awards, promotions, and similar programs for PWD and PWTD.

B. CAREER DEVELOPMENT OPPORTUNITES

1. Please describe the career development opportunities that the agency provides to its employees.

FDA has several career development programs at the center level however they do not track if participants are PWD or PWTD. The 

agency is looking at centralizing all of the career development opportunities within the centers to provide that information on future 

MD 715 reports.

2. In the table below, please provide the data for career development opportunities that require competition and/or 
HHS Food and Drug Administration FY 2020

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supervisory recommendation/ approval to participate.

Career Development 

Opportunities

Total Participants PWD PWTD

Applicants (#) Selectees (#)

 Applicants 

(%) Selectees (%)

 Applicants 

(%) Selectees (%)

Detail Programs N/A N/A N/A N/A N/A N/A

Internship Programs N/A N/A N/A N/A N/A

Fellowship Programs N/A N/A N/A N/A N/A

Mentoring Programs N/A N/A N/A N/A N/A

Coaching Programs N/A N/A N/A N/A N/A

Training Programs N/A N/A N/A N/A N/A

Other Career Development 

Programs

N/A N/A N/A N/A N/A

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. Select “n/a” if the applicant data is not available for your agency, and describe your 

plan to provide the data in the text box.

a. Applicants (PWD) Answer N/A

b. Selections (PWD) Answer N/A

FDA does not have data for PWD or PWTD applicants for fellowship, career development, coaching, training, or detail programs. 

We are looking at capturing this information in future reports.

4. Do triggers exist for PWTD 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. Select “n/a” if the applicant data is not available for your agency, and describe your 

plan to provide the data in the text box.

a. Applicants (PWTD) Answer N/A

b. Selections (PWTD) Answer N/A

Currently, FDA does not collect any Disability information on applicants or selectees participating in 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) Answer No

b. Awards, Bonuses, & Incentives (PWTD) Answer No

Given significant data quality issues with the FY20 workforce data, the FDA cannot conclusively state whether there are triggers for 

PWD and/or PWTD for QSIs and pay increases. The last available workforce analysis is from FY19, where FDA identified a 

possible trigger in time-off awards. In FY21 , the FDA OEEO will double-check this data once it has access to reliable workforce 

data.
HHS Food and Drug Administration FY 2020

Page 9

Time-Off Awards Total (#)

Reportable 

Disability %

Without Reportable 

Disability %

Targeted Disability 

%

Without Targeted 

Disability %

Time-Off Awards 1 - 10 hours: 

Awards Given

3408 19.47 21.59 19.35 19.49

Time-Off Awards 1 - 10 Hours: 

Total Hours

28928 170.45 182.74 144.35 174.77

Time-Off Awards 1 - 10 Hours: 

Average Hours

8 0.92 0.06 5.65 0.13

Time-Off Awards 11 - 20 hours: 

Awards Given

3362 21.88 21.21 33.06 20.03

Time-Off Awards 11 - 20 Hours: 

Total Hours

62278 421.08 392.73 652.42 382.78

Time-Off Awards 11 - 20 Hours: 

Average Hours

18 2.18 0.13 15.32 0.00

Time-Off Awards 21 - 30 hours: 

Awards Given

3438 24.40 21.31 22.58 24.70

Time-Off Awards 21 - 30 Hours: 

Total Hours

93283 650.06 579.65 607.26 657.14

Time-Off Awards 21 - 30 Hours: 

Average Hours

27 2.98 0.19 20.97 0.00

Time-Off Awards 31 - 40 hours: 

Awards Given

4402 27.49 28.02 29.03 27.24

Time-Off Awards 31 - 40 Hours: 

Total Hours

190319 1204.35 1213.59 1195.97 1205.74

Time-Off Awards 31 - 40 Hours: 

Average Hours

43 4.93 0.30 33.06 0.27

Time-Off Awards 41 or more 

Hours: Awards Given

6 0.00 0.04 0.00 0.00

Time-Off Awards 41 or more 

Hours: Total Hours

353 0.00 1.93 0.00 0.00

Time-Off Awards 41 or more 

Hours: Average Hours

58 0.00 0.38 0.00 0.00

Cash Awards Total (#)

Reportable 

Disability %

Without Reportable 

Disability %

Targeted Disability 

%

Without Targeted 

Disability %

Cash Awards: $501 - $999: Awards 

Given

2707 20.73 16.79 19.35 20.96

Cash Awards: $501 - $999: Total 

Amount

2034426 15495.53 12613.47 14403.23 15676.37

Cash Awards: $501 - $999: 

Average Amount

751 85.57 5.30 600.00 0.40

Cash Awards: $1000 - $1999: 

Awards Given

6766 41.58 42.96 37.90 42.19

Cash Awards: $1000 - $1999: Total 

Amount

9605628 58548.34 61091.65 50086.29 59949.27

Cash Awards: $1000 - $1999: 

Average Amount

1419 161.28 10.03 1065.32 11.62

Cash Awards: $2000 - $2999: 

Awards Given

4493 21.88 29.32 20.16 22.16

Cash Awards: $2000 - $2999: Total 

Amount

10930215 52986.25 71372.49 49587.10 53549.00

Cash Awards: $2000 - $2999: 

Average Amount

2432 277.32 17.17 1983.06 -5.07

Cash Awards: $3000 - $3999: 

Awards Given

1619 7.56 10.69 8.06 7.48

Cash Awards: $3000 - $3999: Total 

Amount

5481811 25315.35 36228.10 28142.74 24847.26

Cash Awards: $3000 - $3999: 

Average Amount

3385 383.51 23.89 2813.71 -18.83
HHS Food and Drug Administration FY 2020

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Cash Awards Total (#)

Reportable 

Disability %

Without Reportable 

Disability %

Targeted Disability 

%

Without Targeted 

Disability %

Cash Awards: $4000 - $4999: 

Awards Given

464 1.15 3.13 0.00 1.34

Cash Awards: $4000 - $4999: Total 

Amount

2014200 4929.55 13571.15 0.00 5745.66

Cash Awards: $4000 - $4999: 

Average Amount

4340 492.90 30.63 0.00 574.50

Cash Awards: $5000 or more: 

Awards Given

632 1.26 4.27 0.81 1.34

Cash Awards: $5000 or more: Total 

Amount

5036500 9153.15 34243.30 4455.65 9930.84

Cash Awards: $5000 or more: 

Average Amount

7969 832.07 56.60 4455.65 232.18

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) Answer No

b. Pay Increases (PWTD) Answer No

Given significant data quality issues with the FY20 workforce data, the FDA cannot conclusively state whether there are triggers for 

PWD and/or PWTD for QSIs and pay increases. The last available workforce analysis is from FY19, where FDA identified a 

possible trigger in pay increases. In FY21 , the FDA OEEO will double-check this data once it has access to reliable workforce data.

Other Awards Total (#)

Reportable 

Disability %

Without Reportable 

Disability %

Targeted Disability 

%

Without Targeted 

Disability %

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) Answer N/A

b. Other Types of Recognition (PWTD) Answer N/A

The only awards that are calculated are the time-off awards, QSIs, Cash Awards and Performance-Based Pay Increases. If there are 

other types of recognition that the agency is giving to PWD and PWTD is is not currently being tracked. FDA is looking at ways to 

capture other types of recognition given to PWD and PWTD.

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. Select “n/a” if the applicant data is not available for your agency, and describe your 

plan to provide the data in the text box.

a. SES

i. Qualified Internal Applicants (PWD) Answer N/A

ii. Internal Selections (PWD) Answer N/A

b. Grade GS-15

i. Qualified Internal Applicants (PWD) Answer N/A
HHS Food and Drug Administration FY 2020

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ii. Internal Selections (PWD) Answer N/A

c. Grade GS-14

i. Qualified Internal Applicants (PWD) Answer N/A

ii. Internal Selections (PWD) Answer N/A

d. Grade GS-13

i. Qualified Internal Applicants (PWD) Answer N/A

ii. Internal Selections (PWD) Answer N/A

Given significant data quality issues with the FY20 workforce data, the FDA cannot conclusively state whether there are triggers for 

PWD and/or PWTD for promotions to senior grade levels. FDA OEEO will analyze this information once it has access to reliable, 

accurate workforce data.

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. Select “n/a” if the applicant data is not available for your agency, and 

describe your plan to provide the data in the text box.

a. SES

i. Qualified Internal Applicants (PWTD) Answer N/A

ii. Internal Selections (PWTD) Answer N/A

b. Grade GS-15

i. Qualified Internal Applicants (PWTD) Answer N/A

ii. Internal Selections (PWTD) Answer N/A

c. Grade GS-14

i. Qualified Internal Applicants (PWTD) Answer N/A

ii. Internal Selections (PWTD) Answer N/A

d. Grade GS-13

i. Qualified Internal Applicants (PWTD) Answer N/A

ii. Internal Selections (PWTD) Answer N/A

Given significant data quality issues with the FY20 workforce data, the FDA cannot conclusively state whether there are triggers for 

PWD and/or PWTD for internal promotions to senior grade levels. FDA OEEO will analyze this information once it has access to 

reliable, accurate workforce data.

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 non-GS pay plans, please use the approximate senior grade levels. If “yes”, describe the 

trigger(s) in the text box. Select “n/a” if the applicant data is not available for your agency, and describe your plan to 

provide the data in the text box.

a. New Hires to SES (PWD) Answer N/A
HHS Food and Drug Administration FY 2020

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b. New Hires to GS-15 (PWD) Answer N/A

c. New Hires to GS-14 (PWD) Answer N/A

d. New Hires to GS-13 (PWD) Answer N/A

Given significant data quality issues with the FY20 workforce data, the FDA cannot conclusively state whether there are triggers for 

PWD and/or PWTD for new hires. FDA OEEO will analyze this information once it has access to reliable, accurate workforce data.

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. Select “n/a” if the applicant data is not available for your agency, and describe your plan to 

provide the data in the text box.

a. New Hires to SES (PWTD) Answer N/A

b. New Hires to GS-15 (PWTD) Answer Yes

c. New Hires to GS-14 (PWTD) Answer Yes

d. New Hires to GS-13 (PWTD) Answer Yes

Given significant data quality issues with the FY20 workforce data, the FDA cannot conclusively state whether there are triggers for 

PWD and/or PWTD for new hires to senior grade levels. FDA OEEO will analyze this information once it has access to reliable, 

accurate workforce data.

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. Select “n/a” if the applicant data is not 

available for your agency, and describe your plan to provide the data in the text box.

a. Executives

i. Qualified Internal Applicants (PWD) Answer N/A

ii. Internal Selections (PWD) Answer N/A

b. Managers

i. Qualified Internal Applicants (PWD) Answer N/A

ii. Internal Selections (PWD) Answer N/A

c. Supervisors

i. Qualified Internal Applicants (PWD) Answer N/A

ii. Internal Selections (PWD) Answer N/A

Given significant data quality issues with the FY20 workforce data, the FDA cannot conclusively state whether there are triggers for 

PWD and/or PWTD for promotions to supervisory positions. FDA OEEO will analyze this information once it has access to 

reliable, accurate workforce data.

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. Select “n/a” if the applicant data 
HHS Food and Drug Administration FY 2020

Page 13

is not available for your agency, and describe your plan to provide the data in the text box.

a. Executives

i. Qualified Internal Applicants (PWTD) Answer N/A

ii. Internal Selections (PWTD) Answer N/A

b. Managers

i. Qualified Internal Applicants (PWTD) Answer N/A

ii. Internal Selections (PWTD) Answer N/A

c. Supervisors

i. Qualified Internal Applicants (PWTD) Answer N/A

ii. Internal Selections (PWTD) Answer N/A

Given significant data quality issues with the FY20 workforce data, the FDA cannot conclusively state whether there are triggers for 

PWD and/or PWTD for internal promotions to supervisory positions. FDA OEEO will analyze this information once it has access to 

reliable, accurate workforce data.

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. Select “n/a” if the applicant data is 

not available for your agency, and describe your plan to provide the data in the text box.

a. New Hires for Executives (PWD) Answer N/A

b. New Hires for Managers (PWD) Answer N/A

c. New Hires for Supervisors (PWD) Answer N/A

Given significant data quality issues with the FY20 workforce data, the FDA cannot conclusively state whether there are triggers for 

PWD and/or PWTD for new hires to supervisory positions. FDA OEEO will analyze this information once it has access to reliable, 

accurate workforce data.

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. Select “n/a” if the 

applicant data is not available for your agency, and describe your plan to provide the data in the text box.

a. New Hires for Executives (PWTD) Answer N/A

b. New Hires for Managers (PWTD) Answer N/A

c. New Hires for Supervisors (PWTD) Answer N/A

Given significant data quality issues with the FY20 workforce data, the FDA cannot conclusively state whether there are triggers for 

PWD and/or PWTD for new hires to supervisory positions. FDA OEEO will analyze this information once it has access to reliable, 

accurate workforce data.

Section VI: Plan to Improve Retention of Persons with Disabilities

To be 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 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 
HHS Food and Drug Administration FY 2020

Page 14

accommodation program and workplace 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.

Answer No

The OEEO is currently working with the Policy, Programs and Accountability team to further investigate if all of the eligible 

Schedule A employees with a disability have been converted into a competitive service position after two years of satisfactory 

service. Information regarding this process will be included on future reports.

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) Answer No

b.Involuntary Separations (PWD) Answer No

Given significant data quality issues with the FY20 workforce data, the FDA cannot conclusively state whether the percentage of 

PWD among voluntary and involuntary separations exceed that of persons without disabilities. FDA OEEO will analyze this 

information once it has access to reliable, accurate workforce data.

Seperations Total # Reportable Disabilities %

Without Reportable 

Disabilities %

Permanent Workforce: Reduction in Force 0 0.00 0.00

Permanent Workforce: Removal 22 0.43 0.11

Permanent Workforce: Resignation 192 1.18 1.14

Permanent Workforce: Retirement 275 2.36 1.59

Permanent Workforce: Other Separations 165 1.83 0.93

Permanent Workforce: Total Separations 654 5.80 3.76

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) Answer No

b.Involuntary Separations (PWTD) Answer No

Given significant data quality issues with the FY20 workforce data, the FDA cannot conclusively state whether the percentage of 

PWTD among voluntary and involuntary separations exceed that of persons without targeted disabilities. FDA OEEO will analyze 

this information once it has access to reliable, accurate workforce data.

Seperations Total # Targeted Disabilities %

Without Targeted Disabilities 

%

Permanent Workforce: Reduction in Force 0 0.00 0.00

Permanent Workforce: Removal 22 0.00 0.13

Permanent Workforce: Resignation 192 1.48 1.14

Permanent Workforce: Retirement 275 1.48 1.63

Permanent Workforce: Other Separations 165 2.96 0.96

Permanent Workforce: Total Separations 654 5.93 3.86

4.
HHS Food and Drug Administration FY 2020

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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.

N/A

B. ACCESSIBILITY OF TECHNOLOGY AND FACILITIES

Pursuant to 29 CFR §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 FDA does not have a notice explaining applicants rights under Section 508 of the Rehab Act on its public website, however, 

there is access to a description of how to file a complaint. You may access this site here: https://www.fda.gov/about-fda/equalemployment-fda/fda-eeo-compliance-filing-discrimination-complaint.

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 agency does not currently have an Architectural Barriers Act located on its public website. FDA Leadership will be addressing 

this deficiency as part of the evaluation/assessment of EEO and the development of a gap analysis and EEO strategic plan.

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 FDA, along with the Department of Health and Human Services, has a commitment to the accessibility and functionality of the 

web site content for all Americans. This commitment takes the form of a constantly evolving service of improving accessibility for 

our community of users. As the technology of the internet evolves, the FDA shares with its users the ongoing improvement of FDA 

websites and its services. For individuals with disabilities who are having problems accessing information on the FDA web site 

using assistive technology, they are encouraged to contact the FDA 508 Coordinator (FDA508Coordinator@fda.hhs.gov). The FDA 

is committed to making content accessible to everyone. For individuals submitting presentations or documents to the FDA, 

guidance for formatting documents properly and assisting FDA efforts in equivalent access and transparency is provided. At this 

time, virtually all FDA information is being made accessible via screen readers and other accessibility tools with the exception of 

some pre-2001 information, dockets, and some technical documents, which may not be available in accessible formats.

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 time for processing reasonable accommodation requests during FY20 was 58.3 days. The Agency established 

timeframe for processing reasonable accommodation requests is 60 days. Processing procedures, as well as timeframes, are 

currently under review and projected to be revised during FY21 to emulate other federal agencies best practices.

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.
HHS Food and Drug Administration FY 2020

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The Agency has revised tracking procedures and employed resources to accurately capture request events. System and procedural 

changes, and one additional staff member, assisted with a 35% decrease in recorded processing days from FY19 (FY20 - 58.3 days 

from FY19 - 89.3 days). Adjustment of tracking processes allowed a more accurate view of request status, enabling subsequent 

prompt follow-up from the RAO to ensure timely determination and implementation of accommodation requests, as applicable. 

Immediately following the onset of the COVID-19 pandemic, the Agency maintained a maximum telework posture and trainings by 

the RAO were conducted virtually during FY20. RAO has developed and implemented presentations for the Agency’s bi-weekly 

New Employee Orientation. During FY20 around 900 supervisors and managers were provided with one to two hours of reasonable 

accommodation training through such venues as quarterly Office of Regulatory Affairs (ORA) Supervisory Personnel Practices for 

new supervisors and supervisory refreshers, in addition to FDA University Supervisory 101 and 201. Throughout FY20, the RAO 

continued to coordinate training offerings with FDA Centers/Offices for managers and supervisors on an ad-hoc basis, including 

executive and senior leadership from two FDA Centers. During FY20, the RAO continued to provide Executive Officers and senior 

officials of the agency with monthly status/trend reports of FDA and Center/Office specific reasonable accommodation requests. 

After a hiatus due to early COVID-19 response, the reasonable accommodation workgroup established in FY19 resumed reviewing 

and revising the FDA reasonable accommodation policies and procedures during FY20. A draft policy is currently in its final stages 

of internal approval.

D. PERSONAL ASSISTANCE SERVICES ALLOWING EMPLOYEES TO PARTICIPATE IN THE 

WORKPLACE

Pursuant to 29 CFR §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.

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.

Personal Assistance Services (PAS) for FDA employees is currently provided by the DHHS through the RA program office at 

EEOCO.Accommodations@hhs.gov, or at (202) 619-1564.

Section VII: EEO Complaint and Findings Data

A. EEO COMPLAINT DATA 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 governmentwide average?

Answer No

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?

Answer Yes

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.

Settlement agreements terms included attorney’s fees and lump sum payments to complainants.

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?

Answer No
HHS Food and Drug Administration FY 2020

Page 17

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?

Answer Yes

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.

Settlement agreements terms included attorney’s fees and lump sum payments to complainants.

Section VIII: 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?

Answer No

2. Has the agency established a plan to correct the barrier(s) involving PWD and/or PWTD?

Answer N/A

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

4. Please explain the factor(s) that prevented the agency from timely completing any of the planned activities.

The FDA is reassessing its planned activities to address gaps in the disability program. Past planned activities were not a result of a 

true barrier analysis, thus measuring them is not feasible. The OEEO will address this deficiency by conducting a gap analysis on 

the EEO program. to identify where there a shortfalls and determine how to address them.

5. For the planned activities that were completed, please describe the actual impact of those activities toward eliminating the 

barrier(s).

N/A

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.

N/A