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HHS Food and Drug Administration FY 2022

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 Yes

In FY22, the FDA did not have a trigger involving PWDs in the GS-1 to GS-10 cluster (18.33%) nor GS-11 (13.88%) of the 

workforce within these grade series identified as having a disability. However, FDA did have a trigger in the GS-12 to Senior 

Executive Service (SES) cluster. The data indicates that representation of PWDs steadily declines starting at GS-12 (8.12%), GS-13 

(6.46%), followed by GS-14 (4.89%), GS-15 (2.89%), and finally SES (0%). This indicates a possible blocked pipeline where 

PWDs are encountering obstacles in grade levels prior to more senior-level grades. Note: the FDA does have other senior level 

positions of which PWDs represented 3.01% in FY22.

*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

In FY22, the FDA did not have a trigger involving PWTDs in the GS-1 to GS-10 cluster (3.49%), GS-11 (3.49%), or GS-12 

(2.24%) of the workforce within these grade series identified as having a targeted disability. However, FDA did have a trigger in the 

GS-13 to SES cluster. The data indicates that representation of PWTDs steadily declines starting at GS-13 (1.58%), GS-14 (1.45%), 

GS-15 (0.71%), and finally SES (0%). This indicates a possible blocked pipeline where PWTDs are encountering obstacles in grade 

levels prior to more senior-level grades. Note: the FDA does have other senior level positions of which PWDs represented 0.92% in 

FY22.

Grade Level Cluster(GS or Alternate Pay 

Planb)

Total Reportable Disability Targeted Disability

# # % # %

Numarical Goal -- 12% 2%

Grades GS-1 to GS-10 739 144 19.49 19 2.57

Grades GS-11 to SES 15340 874 5.70 130 0.85

3. Describe how the agency has communicated the numerical goals to the hiring managers and/or recruiters.
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On August 16, 2022, the FDA’s Deputy Commissioner for Operations/Chief Operating Officer released a joint communication (Office Equal Employment Opportunity and the Office of Talent Solutions) to inform of FDA’s hiring goals for individuals with 

disabilities, that is, 12% for persons with disabilities (PWD) and 2% for persons with targeted disabilities (PWTD) to FDA 

managers and supervisors. This communication informed of the following: As the Nation's largest employer, the Federal 

Government has a special responsibility to lead by example in including people with disabilities in the workforce. EEOC 

regulations (29 C.F.R. § 1614.203(d)(7)) require agencies to establish specific numerical goals for increasing the employment and 

advancement of persons with reportable and targeted disabilities in the federal government. The U.S. Food and Drug Administration 

(FDA) is committed to being a model employer of a diverse workforce that includes persons with disabilities and persons with 

targeted disabilities. The FDA Office of Equal Employment Opportunity (OEEO), in collaboration with the Office of Talent 

Solutions (OTS), is developing a strategy to consistently communicate the hiring goals for persons with disabilities (PWD) and 

persons with targeted disabilities (PWTD). This strategy supports the Diversity, Equity, Inclusion and Accessibility (DEIA) 

2022-2025 Strategic Plan, specifically Objective 6, which seeks to improve accessibility across the agency. This strategy also 

supports the EEOC’s Management Directive 715 (MD-715) Requirements. To meet this federal hiring goal, the FDA adopted 12% 

for PWD and 2% for PWTD as the participation rate. FDA’s commitment to this numerical goal is expressed not only in its annual 

MD-715 reports but will be reiterated to FDA hiring managers and supervisors, management officials and recruiters as a reminder 

to hire PWD and PWTD. As a hiring manager, you can help the FDA reach its hiring goals for PWD and PWTD by: § Participating 

in a Talent Launch (pre-consultation) meeting with your OTS Human Resources (HR) Specialist and ensuring the Talent Launch 

(pre-consultation) checklist includes the Schedule A Hiring Authority; and § Reviewing the FDA Resume Repository for prequalified individuals, which may reduce the time to hire a talented candidate from this hiring tool. For your awareness, applicants 

with disabilities may be hired noncompetitively through the Schedule A Hiring Authority. They may also choose to apply to 

participate in the competitive hiring process. The Schedule A Hiring Authority is a regulation (5 C.F.R. §213.3102(u)) issued by the 

Office of Personnel Management (OPM) that gives managers the flexibility to hire qualified persons with disabilities or targeted 

disabilities without competition. Applicants with disabilities may apply to available job opportunities via USAJOBS or the FDA 

Resume Repository. As a result of this communication, the FDA will continue to monitor and evaluate its recruitment of PWDs and 

PWTDs to ensure the hiring goals are being met.

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 2022, the RAO staff included seven FTEs, to include two full time Interpreting Services staff. The office is 

projected to add two additional FTEs during FY23.

2. Identify all staff responsible for implementing the agency's disability employment program by the office, staff 

employment status, and responsible official.
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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)

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 ., 

Wendy Hackley, Director, 

Policy, Programs and 

Accountability Staff, 

Wendy.Hackley@fda.hhs.gov 

(backup as needed)

Processing reasonable accommodation requests 

from applicants and employees

7 0 0 Tiffany Branch, Director, 

OEMS, 

Tiffany.Branch@fda.hhs.gov

Special Emphasis Program for PWD and 

PWTD

0 0 1 Tameka Bell, Acting 

DEIA Program Manager 

Office of Equal 

Employment Opportunity 

(OEEO), FDA, 

Tameka.bell@fda.hhs.gov

Section 508 Compliance 1 0 0 Rita Harrison, IT 

Specialist (Internet), 

OIMT, 

Rita.Harrison@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.

Architectural Barriers Act Compliance 1 0 0 Donald Demers, Director, 

OFEMS, 

Donald.Demers@fda.hhs.gov

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 (RA) staff members received a minimum of eight hours of reasonable accommodation related 
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training. The RA Office (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. Depending on the OTS FY23 budget, the OTS plans to provide the Special Placement Program 

Staff training in the areas of reasonable accommodation, equal employment opportunity, other on-the-job training, or other formal/

informal training specific to the functional roles and responsibilities assigned to provide support and assistance to the Agency’s 

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 No

FDA has funded and is actively recruiting staff to support Special Emphasis and Disability programs. The Disability Program 

Manager will handle disability program related objectives, initiatives, and actions that arise during the application and selection 

processes and the Special Emphasis Program Managers will focus on DEIA implementation, Employee Resource Group (ERG) 

partnership, and MD-715 reporting. These positions will reside in OEEO but will work in partnership with HC/TM stakeholders. 

The FDA now has greater alignment and coordination between OEEO, RAO, and OTS, all which support and engage PWDs and 

PWTDs. The coordinating efforts between these offices align the functions of the staff to further support the Agency’s goals and 

objectives toward PWDs and PWTDs. The FDA DEIA Strategic Plan, Objective 6, outlines improving accessibility across the 

agency to ensure effectiveness of practices utilized to provide accessibility across the Agency for FDA employees and prospective 

employees, including reasonable accommodations, workplace accessibility, and accessibility across information and communication 

technologies. The Advisory Committee for Employees with Disabilities (ACED) is an advisory board chartered by the 

Commissioner of the U.S. Food and Drug Administration (FDA) to provide advice on policies, issues, and concerns impacting 

employees with disabilities within FDA and those seeking employment by the agency. The ACED provides a communication 

channel between FDA employees and management. Although this group has existed since 2009 and is referenced in previous 

MD-715 reports, OEEO is now leveraging ACED as a strategic partner to accomplish the DEIA Objectives and initiatives. OEEO 

joins the ACED meetings and the annual meeting with the Commissioner. The ACED Chair serves as the DEIA Objective Team 6 

co-chair. One of ACED’s subcommittees is the Succession, Training, Awareness and Retention Subcommittee (STAR). The intent 

of this subcommittee is to enhance, recommend, and support training to increase knowledge and awareness of the recruitment, 

retention, and career development of persons with disabilities.

Section III: Program Deficiencies In The Disability Program
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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]

Objective Hire additional staff in various positions, including Special Emphasis Program Managers, EEO 

Specialists, and a Data Analyst to provide support to the Diversity and Compliance Staff.

Target Date Sep 30, 2022

Completion Date

Planned Activities

Target Date Completion Date Planned Activity

Sep 30, 2022 In FY22, OEEO will recruit for several vacancies to continue to build the 

effective management of Special Emphasis Programs.

Sep 30, 2023 In FY23, OEEO will continue to recruit for several vacancies to continue 

to build the effective management of Special Emphasis Programs. The 

goal is to have at least two positions filled by the end of the FY.

Accomplishments

Fiscal Year Accomplishment

2022 The FDA EEO office hired a Diversity Program Manager in FY21, who 

provided crucial support to all aspects of the overall EEO program; however, this 

person departed in spring of 2022, and the Agency began the process of hiring to 

fill this vacancy. In FY22, OEEO actively began recruitment and hiring several 

additional positions to support EEO and DEIA Programs in FY22 and FY23. 

Additionally, in FY22, OEEO leveraged Government detailee support to fill 

essential positions to assist with DEIA Implementation, MD-715 report 

management and preparation, and Special Emphasis Programs. As part of the 

seven vacancies OEEO is actively recruiting, we will hire a senior policy advisor 

that will support with coordinating between HHS on Final Agency Decisions 

(FADs) and FDA’s AHP-CREW, ensuring we have sufficient legal resources. 

Contractor support is helping address deficiencies and outline standard operating 

procedures to be utilized in the future. OEEO is seeking FY23 funding for three 

additional positions to support EEO and DEIA Programs. FDA has funded and is 

actively recruiting staff to support Special Emphasis and Disability programs. 

The Disability Program Manager will handle disability program-related 

objectives, initiatives, and actions that arise during the application and selection 

processes. The Special Emphasis Program Managers will focus on DEIA 

implementation, Employee Resource Group (ERG) partnership, and MD-715 

reporting. These positions will reside in OEEO but will work in partnership with 

HC/TM stakeholders. The FDA now has greater alignment and coordination 

between OEEO, RAO, and OTS, all of which support and engage PWDs and 

PWTDs. The coordinating efforts between these offices align the functions of the 

staff to further support the Agency’s goals and objectives toward PWDs and 

PWTDs.

2021 In March 2021, the OEEO onboarded a Senior Program Manager for DEIA with 

collateral responsibilities to administer 7 Special Emphasis Programs. As a 

result, the OEEO effectively re-engaged with all FDA ERGs; conducted a 

strategic action planning session with the ERGs to align to FDA-wide DEIA 

objectives; hosted over a dozen Special Emphasis trainings and events, 5 of 

which included remarks from Acting Commissioner Janet Woodcock; and 

developed a user friendly internal website for employees to stay apprised with 

Special Emphasis news, trainings and events. However, the OEEO recognized 

the need for additional staff to ensure continuing and improved SEP operations.
HHS Food and Drug Administration FY 2022

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Brief Description of Program 

Deficiency

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)]

Objective Include examples of disability based harassment in FDA's anti-harassment policy training materials

Target Date Sep 30, 2022

Completion Date May 15, 2022

Planned Activities

Target Date Completion Date Planned Activity

Sep 30, 2022 May 15, 2022 OEEO will assist OHCM in the development of anti-harassment training 

materials and will include examples of disability-based harassment.

Accomplishments

Fiscal Year Accomplishment

2021 Accomplishments will be included in the FY22 report.

2022 The FDA's Anti-Harassment training was updated with examples of disability 

based harassment.

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.

Objective To process all initial accommodation requests, excluding ongoing interpretative services, within the 

time frame set forth in FDA’s reasonable accommodation procedures.

Target Date Sep 30, 2023

Completion Date

Planned Activities

Target Date Completion Date Planned Activity

Sep 30, 2023 RAO supervisor, or designee, will continue monitoring of processing 

timeframes within the RAO and elevate delays for resolution, as 

applicable.

Sep 30, 2023 RAO is projected to hire two (2) Reasonable Accommodation Specialists 

during FY23.

Accomplishments

Fiscal Year Accomplishment

2022 During the first through third quarter of the reporting period, 81% of reasonable 

accommodation requests were processed according to the policy timeframe. 

However, during the fourth quarter, 63% reasonable accommodation requests 

were processed according to the policy timeframe due to Executive Order 14043. 

In FY22, the FDA Reasonable Accommodations Office (RAO) collaborated with 

Department of Health and Human Services Operating Divisions to establish an 

Agency workgroup to address relevant COVID-19 Executive Order 14043 and 

Business-Driven Hybrid Workplace guidelines and protocol related to reasonable 

accommodation. RAO accomplished the following additional activities: • 

Revamped and launched a new internal reasonable accommodation Dashboard. • 

Finalized Agency’s Staff Manual Guide for reasonable accommodation and 

submitted to EEOC for review and endorsement. • Decreased processing 

timeframes for reasonable accommodation requests by 25%. • Increased 

reasonable accommodation training by 30%. • Established internal contract for 

Personal Assistance Services (PAS). (Previously under HHS) • Collaborated with 

OEEO, presenting at the first FDA DEIA L.E.A.D. Symposium.
HHS Food and Drug Administration FY 2022

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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 Revise, submit, and get approval for the revised SMG for RA to EEOC for review which contains 

the procedures for Personal Assistance Services (PAS).

Target Date Sep 30, 2022

Completion Date

Planned Activities

Target Date Completion Date Planned Activity

Sep 30, 2022 The FDA will revise the “Staff Manual Guide: Policy and Procedures for 

Providing Reasonable Accommodation for Individuals with 

Disabilities” (SMG for RA) which contains the procedures for PAS. The 

Agency will submit to EEOC for review and concurrence ensuring that 

the procedures meet EEOC guidance. When approved by EEOC, the 

SMG for RA including PAS procedures will be posted on the FDA public 

website at: https://www.fda.gov/about-fda/office-operations/reasonableaccommodations.

Accomplishments

Fiscal Year Accomplishment

2022 The PAS was updated in FY22 and added to the new reasonable accommodation 

procedures SMG 3130.2 that was endorsed by EEOC on 12/16/2022, which will 

be updated on the internal website and FDA’s external website. They will be 

posted on the FDA public website at: https:// www.fda.gov/ about-fda/

officeoperations/ reasonableaccommodations in FY23.

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.

In 2022, the FDA utilized a variety of recruitment and outreach strategies (e.g., virtual job fairs, job opportunity announcements/

advertisements including the Pathways Program, etc.) designed to increase the number of qualified applicants with disabilities and 

applicants with targeted disabilities, including disabled veterans. The FDA advertised over 1,000 job opportunity announcements 

(JOAs), which included language for persons with disabilities and persons with targeted disabilities, including disabled veterans and 

military spouses to apply. During this recruitment period, individuals with disabilities/targeted disabilities, including disabled 

veterans, had the discretion to apply under various hiring mechanisms, competitively or noncompetitively. The mechanisms 

included delegated examining, direct hire, merit promotion, Veterans Recruitment Appointment, Veterans Employment Opportunity 

Act of 1998, Pathways Program, and specific non-competitive hiring authorities, such as Schedule A, 30% or more disabled 

veterans, or military spouses. In addition, to maximize hiring of PWD and PWTD, including veterans, with a 30% or more disability 

FDA created a Resume Repository tool that is used to track, store, and share resumes of PWD and PWTD, including 30% or more 

disabled veterans, who apply to positions at the FDA. All FDA managers and supervisors have access to this repository to view 

available, qualified candidates for their respective positions, and are encouraged to hire these candidates noncompetitively. To 

protect the integrity of the hiring and recruitment process, to include HIPPA laws, EEOC laws, etc., hiring/selecting officials are not 

provided a copy of the applicant’s Schedule A letter or the verification/certification by the medical/service provider, DD214 or 

other personally identifiable information.

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

PWD or PWTD may apply to available opportunities within the FDA using a variety of hiring authorities, e.g., Title 5 (Schedule A, 
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delegated examining, direct hire, merit promotion, VRA, VEOA, Pathways Program, etc.), Title 21 (21st Century Cures Act) and 

Title 42 (e.g., Special Consultants, Service Fellows, Advisory Committee Members/Consultants, Senior Biomedical Research and 

Biomedical Product Assessment Service), SL/ST and Senior Executive Service (SES). Sufficient outreach efforts are taken to 

ensure that a diverse pool of potential candidates (e.g. minorities, women, and individuals with disabilities) are made aware of 

opportunities. When recruiting for vacant positions, the FDA includes the area of consideration – individuals with disabilities, and 

language in its JOAs to encourage PWD or PWTD, including disabled veterans, to apply. Job announcements include specific 

information on job duties, qualifications, how they will be evaluated, how to apply and required documentation required at time of 

application, as well as appropriate reasonable accommodation, EEO statements and other pertinent information sufficient for a 

PWD or PWTD to apply for consideration. PWD or PWTD must meet eligibility and qualification requirements and other 

requirements identified in the job announcement or based on OPM’s Qualifications Standards for the occupational series/positions 

they’re interested in receiving consideration for. Additionally, PWD or PWTD may submit their application to the Special 

Placement Program Staff (SPPS) and have uploaded to the FDA Resume Repository and receive consideration under the Schedule 

A hiring authority. Appointments under the Schedule A excepted service hiring authority may be temporary or non-temporary.

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.

Individuals may apply to the Schedule A Hiring Authority via USAJOBS or directly to the FDA by contacting the SPPS. 

Individuals are informed of the following via USAJOBS or by the SPPS: Required Documentation when applying under Schedule 

A, for example, Resume, Transcript or Credential Evaluation Report (CER) if education was obtained outside the United States and 

is being used for education qualifications, their Disability Letter (Schedule A) or Disability Letter (VA). Other acceptable 

information may be provided if the individual is a current Federal employee and seeking to apply for consideration under this hiring 

authority. The FDA will provide reasonable accommodation to applicants with disabilities who are not able to apply online. If you 

need a reasonable accommodation for any part of the application process, please contact the Applicant Help Desk. Decisions on 

granting a reasonable accommodation will be made on a case-by-case basis. Depending on the nature/severity of an individual’s 

disability (vision-impaired, hearing-impaired, or missing limbs), individuals may use TTY or a representative on their behalf to 

inquire about the process, time, requirements, etc. Whatever mechanism being used, the SPPS and servicing OTS HR Specialists 

provide the guidance, assistance and support to individuals with disabilities or targeted disabilities, including disabled veterans, to 

ensure they can properly apply for consideration and to address any issues/concerns they have regarding the application and 

selection processes. Individuals with disabilities/targeted disabilities, including 30% or more disabled veterans, who apply via 

positions advertised on USAJOBS are treated in the same/similar manner as other candidates who apply to the same position. 

Individuals with disabilities/targeted disabilities, including 30% of more disabled veterans, who apply via the FDA Resume 

Repository are handled differently. Application packages are uploaded to the repository, reviewed for qualifications, and matching 

to 1 or more occupational series/positions. Individuals may be referred directly to the hiring official. All FDA managers and 

supervisors have access to this repository to view available, qualified candidates for their respective positions, and are encouraged 

to hire these candidates noncompetitively. To protect the integrity of the hiring and recruitment process, to include HIPAA laws, 

EEOC laws, etc., hiring/selecting officials are not provided a copy of the applicant’s Schedule A letter or the verification/

certification by the medical/service provider, DD214 or other personally identifiable information. Following receipt of an individual 

with a disability/targeted disability application package, the OTS reviews to ensure the individual meets the minimum qualifications 

(e.g., education and/or experience, certification, licensure, etc.) requirements for the position to be filled. Once the individual is 

determined to the meet the qualifications for the position, the individual is referred to the hiring official for consideration. 

Interviews are at the discretion of the hiring official. If selected for the position, the hiring official or designee conducts reference 

checks. A tentative offer of employment is made. During the tentative offer phase, the individual’s Schedule A letter is verified with 

the respective medical or service provider that issued the letter. A template (form) letter was designed for this purpose. Upon receipt 

of the certification from the medical/service provider stating the letter is valid and issued by the medical/service provider, the 

servicing Schedule A Program Coordinator notifies the servicing OTS HR Specialist, who in turn, notifies the FDA Center/Program 

Office. [One significant win-win was the implementation of SPPS e-Fax solution in 2021, which allowed direct communication 

with the medical/service provider to reduce the time to receive certification. This solution continued to be used in 2022.] Once all 

other preemployment clearances are completed and it is determined the individual may be employed, a final offer is made to the 

individual, and a mutual start/enter-on-duty date is agreed. The individual attends New Employee Orientation. At the request of the 

employee and based on their needs, a reasonable accommodation can be provided (e.g., interpreter, reader, personal assistant, TTY 

services, etc.) 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. Note: The contents of an individual’s Schedule A letter is not provided to 

the hiring official by a staff member of the OTS.
HHS Food and Drug Administration FY 2022

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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

In FY22, the SPPS continued to provide training on the various hiring programs, (e.g., Schedule A and 30% or more disabled 

veterans, to hiring officials, human capital staff and OTS staff, as needed, or upon request. In October 2021, the FDA’s Advisory 

Committee for Employees with Disabilities (ACED) hosted a special roundtable event and invited the SPPS to attend and present on 

the Schedule A Hiring Authority and other hiring authorities that may be used for disabled veterans. The FDA plans to record a 

presentation regarding the ABCs of Schedule A and post to its FDA Hiring Managers Toolkit. Hiring officials may view this 

recorded presentation at their discretion to learn about the Schedule A Hiring Authority and resume repository to assist them in 

filling their vacant positions with qualified individuals. This training is provided on a case-by-case basis or as needed to new 

supervisors and as a refresher to supervisors who already attended the sessions and for purposes of informing of enhancements to 

the repository or changes in/to the program.

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.

The FDA OTS partners with various sources to include but not limited to the following: FDA’s Advisory Committee for Employees 

with Disabilities (ACED), which 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. The OTS SPPS collaborates with the Department of Labor’s 

Workforce Recruitment Program (WRP), which 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. The FDA also has various agreements with minority serving 

institutions and organizations, state vocational rehabilitation agencies and the DOL to assist with hiring PWD and PWTD for 

positions within the Agency. There is a Career and Student Profile System to recruit staff for PWD and PWTD for internships and 

career opportunities within the Agency. The OTS SPPS is also identified on OPM’s Special Placement Program Coordinator point 

of contact website. The FDA will continue its efforts to partner and collaborate with various organizations nationwide to assist in 

the recruitment, placement, and retention of persons with disabilities or persons with targeted disabilities, including disabled 

veterans.

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

In FY22, FDA was not able to fully analyze applicant flow data for new hires in the permanent workforce. FDA recognizes that 

there is a gap in data where more than 50% of PWD and PWTD do not disclose their disability status, and therefore the data is not 

sufficiently reliable for analysis. The FDA was able to review high-level applicant flow data for all new hires and determined there 

are triggers for both PWD and PWTDs in several mission critical occupations. Some occupations did not have any applicants who 

were PWD or PWTD, and others did have qualified applicants who identified as PWD or PWTD, but either none were selected, or 

the selection rates were low. Through the start of the barrier analysis process started in FY22 through Objective team 5, the data 

indicated that triggers existed overall for PWD and PWTD. In addition, through the data gap analysis that through Objective 4, FDA 

has identified a list of data gaps, identified key stakeholders internal and external to the Agency that are needed to resolve the data 

gaps, and is working on a short- and long-term action plan to resolve the data gaps. In FY23, FDA will continue the barrier analysis 

to determine root cause and develop actions to overcome the barriers as well as continue to work through resolving the data gaps.

New Hires Total Reportable Disability Targeted Disability
HHS Food and Drug Administration FY 2022

Page 10

Permanent 

Workforce

Temporary 

Workforce

Permanent 

Workforce

Temporary 

Workforce

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

6526 2.50 1.55 1.06 0.86

4534 2.65 1.50 1.15 0.73

76 1.32 0.00 1.32 0.00

% 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

In FY22, FDA was not able to fully analyze applicant flow data for new hires. FDA recognizes that there is a gap in data where 

more than 50% of PWD and PWTD do not disclose their disability status, and therefore the data is not sufficiently reliable for 

analysis. The FDA was able to review high-level applicant flow data for all MCOs and determined there are triggers for both PWD 

and PWTDs in several mission critical occupations. Some occupations did not have any applicants who were PWD or PWTD, and 

others did have qualified applicants who identified as PWD or PWTD, but either none were selected, or the selection rates were 

low. Through the start of the barrier analysis process started in FY22 through Objective team 5, the data indicated that triggers 

existed overall for PWD and PWTD. In addition, through the data gap analysis that through Objective 4, FDA has identified a list of 

data gaps, identified key stakeholders internal and external to the Agency that are needed to resolve the data gaps, and is working on 

a short- and long-term action plan to resolve the data gaps. In FY23, FDA will continue the barrier analysis to determine root cause 

and develop actions to overcome the barriers as well as continue to work through resolving the data gaps.

New Hires to Mission-Critical Occupations

Total

Reportable Disability Targetable Disability

New Hires New Hires

(#) (%) (%)

Numerical Goal -- 12% 2%

0301 MISC ADMIN/PROGRAM 11 0.00 0.00

0343 MGMT ANALYSIS 0 0.00 0.00

0401 GEN BIOLOG SCI 8 0.00 0.00

0403 MICROBIOLOGY 6 0.00 0.00

0405 PHARMACOLOGY 3 0.00 0.00

0601 GEN HLTH SCI 1 0.00 0.00

0602 MEDICAL OFF 0 0.00 0.00

0696 CONSUMER SAF 7 14.29 14.29

0701 VET MED SCI 0 0.00 0.00

0858 BIOMEDICAL ENGINEERING 0 0.00 0.00

1320 CHEMISTRY 4 0.00 0.00

1529 MATH STATISTICIAN 2 0.00 0.00

1811 CRIMINAL INVESTIGATING 0 0.00 0.00

2210 INFORMATION TECHNOLOGY SPEC 7 0.00 0.00

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.
HHS Food and Drug Administration FY 2022

Page 11

a. Qualified Applicants for MCO (PWD) Answer Yes

b. Qualified Applicants for MCO (PWTD) Answer Yes

In FY22, FDA was not able to fully analyze applicant flow data for internal applicants. FDA recognizes that there is a gap in data 

where more than 50% of PWD and PWTD do not disclose their disability status, and therefore the data is not sufficiently reliable 

for analysis. The FDA was able to review high-level applicant flow data for all MCOs and determined there are triggers for 

qualified PWD and PWTD internal applicants in several mission critical occupations. Through the start of the barrier analysis 

process in FY22 through Objective Team 5, the data indicated that triggers existed overall for PWD and PWTD. In addition, 

through the data gap analysis through Objective 4, FDA has identified a list of data gaps, identified key stakeholders internal and 

external to the Agency that are needed to resolve the data gaps, and is working on a short- and long-term action plan to resolve the 

data gaps. In FY23, FDA will continue the barrier analysis to determine root cause and develop actions to overcome the barriers as 

well as continue to work through resolving the data gaps.

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 Yes

b. Promotions for MCO (PWTD) Answer Yes

In FY22, FDA was not able to fully analyze applicant flow data for promotions because the Agency is unable to establish the 

qualified applicant benchmark. FDA recognizes that there is a gap in data where more than 50% of PWD and PWTD do not 

disclose their disability status, and therefore the data is not sufficiently reliable for analysis. The FDA was able to review high-level 

applicant flow data for all MCOs and determined there are triggers for qualified PWD and PWTD internal applicants for mission 

critical occupation promotions. Through the start of the barrier analysis process in FY22 through Objective Team 5, the data 

indicated that triggers existed overall for PWD and PWTD. In addition, through the data gap analysis through Objective 4, FDA has 

identified a list of data gaps, identified key stakeholders internal and external to the Agency that are needed to resolve the data gaps, 

and is working on a short- and long-term action plan to resolve the data gaps. In FY23, FDA will continue the barrier analysis to 

determine root cause and develop actions to overcome the barriers as well as continue to work through resolving the data gaps.

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 OTS and the OHCM to 

identify opportunities for training/mentoring, career development, awards, promotions, and similar programs for PWD and PWTD. 

The FDA’s DEIA 2022-2025 Strategic Plan has objectives to enhance equitable treatment of all employees (Objective 2); enhance 

the collection, analysis, and reporting of demographic data (Objective 4); enhance outreach, recruitment, and retention efforts to 

increase representation of underrepresented groups (Objective 5); and to improve accessibility across the Agency (Objective 6). 

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

Objective Team 4 is working to establish efficient, effective, and operationally feasible mechanisms to collect the workforce data 

(HC/TM lifecycle data), and Objective Team 5 will evaluate that data to support FDA’s plan to ensure PWD and PWTD will 

receive advancement opportunities. The outcome of the work from the DEIA Objective Teams during the implementation period, 

will 1) identify if there are triggers for recruitment and/or selection process for PWD and PWTD for hiring and promotion; 2) 

perform barrier analysis if there are triggers; and 3) establish a detailed plan on how the Agency will ensure that PWD and PWTD 
HHS Food and Drug Administration FY 2022

Page 12

receive advancement opportunities. OEEO will work with the OTS and the OHCM to identify opportunities for training/mentoring, 

career development, awards, promotions, and similar programs for PWD and PWTD. FDA will also leverage ACED’s STAR to 

increase knowledge and awareness of the recruitment, retention, and career development of persons with disabilities.

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 

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

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

Mentoring 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 N/A

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

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

Other Career Development 

Programs

N/A 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 a centralized data collection process for PWD or PWTD applicants for fellowship, career development, 

coaching, training, or detail programs. We are looking at capturing this information in future reports. In addition, through the data 

gap analysis that through Objective Team 4, FDA has identified a list of data gaps, identified key stakeholders internal and external 

to the Agency that are needed to resolve the data gaps, and is working on a short- and long-term action plan to resolve the data gaps.

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

FDA does not have a centralized data collection process for PWD or PWTD applicants for fellowship, career development, 

coaching, training, or detail programs. We are looking at capturing this information in future reports. In addition, through the data 
HHS Food and Drug Administration FY 2022

Page 13

gap analysis that through Objective Team 4, FDA has identified a list of data gaps, identified key stakeholders internal and external 

to the Agency that are needed to resolve the data gaps, and is working on a short- and long-term action plan to resolve the data gaps.

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 Yes

b. Awards, Bonuses, & Incentives (PWTD) Answer Yes

Time Off: Using the Inclusion Rate, in FY22 both PWD and PWTDs received 1-10 hour time-off awards at a lower rate than nonPWD/PWTDs. PWDs had an inclusion rate of 20.19%, PWTD had an inclusion rate of 20.94% and non-PWD/PWTD had a 22.99% 

inclusion rate. However, PWD and PWTDs received time-off awards at a higher rate than non-PWD/PWTDs for the following time 

allotments: 11-20 hours, 21-30 hours. At 31-40 hour, PWTDs received a higher rate of awards, whereas PWD received a lower rate. 

At 41-80 hours, PWDs and PWTDs received a lower rate. Cash Awards: PWDs and PWTDs received cash awards at the same or a 

higher rate than non-PWD/ PWTDs in the following categories:- $501-$999 - $1000-$1999 - $7000-$7999 (only PWTD, PWD had 

a lower rate than PWOD) -$30000-39999. PWDs and PWTDs received cash awards at a lower rate than non-PWD/PWTDs in the 

following categories: - $500 and under - $2000-$2999 - $3000- $3999 - $4000-$4999 - $5000-$5999 - $6000-$6999 - $8000-$8999 

- $10000-$19999 - $20000-$20999.

Time-Off Awards Total (#)

Reportable 

Disability %

Without Reportable 

Disability %

Targeted Disability 

%

Without Targeted 

Disability %

Time-Off Awards 1 - 10 hours: 

Awards Given

3277 18.62 20.00 22.22 18.00

Time-Off Awards 1 - 10 Hours: 

Total Hours

28497 157.61 173.83 192.16 151.59

Time-Off Awards 1 - 10 Hours: 

Average Hours

8 0.78 0.06 5.23 0.00

Time-Off Awards 11 - 20 hours: 

Awards Given

3840 24.73 23.22 26.80 24.37

Time-Off Awards 11 - 20 Hours: 

Total Hours

71979 449.08 436.37 467.32 445.90

Time-Off Awards 11 - 20 Hours: 

Average Hours

18 1.75 0.13 11.11 0.11

Time-Off Awards 21 - 30 hours: 

Awards Given

3216 20.66 19.37 22.88 20.27

Time-Off Awards 21 - 30 Hours: 

Total Hours

89021 571.19 536.88 585.62 568.68

Time-Off Awards 21 - 30 Hours: 

Average Hours

27 2.62 0.19 16.34 0.23

Time-Off Awards 31 - 40 hours: 

Awards Given

5181 30.65 31.48 30.72 30.64

Time-Off Awards 31 - 40 Hours: 

Total Hours

228027 1284.87 1391.88 1298.69 1282.46

Time-Off Awards 31 - 40 Hours: 

Average Hours

44 3.98 0.31 27.45 -0.11

Time-Off Awards 41 or more 

Hours: Awards Given

1 0.00 0.01 0.00 0.00

Time-Off Awards 41 or more 

Hours: Total Hours

48 0.00 0.33 0.00 0.00

Time-Off Awards 41 or more 

Hours: Average Hours

48 0.00 0.33 0.00 0.00
HHS Food and Drug Administration FY 2022

Page 14

Cash Awards Total (#)

Reportable 

Disability %

Without Reportable 

Disability %

Targeted Disability 

%

Without Targeted 

Disability %

Cash Awards: $501 - $999: Awards 

Given

4453 28.90 26.56 31.37 28.47

Cash Awards: $501 - $999: Total 

Amount

3298856 21686.03 19670.82 25155.56 21081.44

Cash Awards: $501 - $999: 

Average Amount

740 72.74 5.14 523.53 -5.81

Cash Awards: $1000 - $1999: 

Awards Given

6605 41.03 39.82 38.56 41.46

Cash Awards: $1000 - $1999: Total 

Amount

9195360 56666.54 55532.48 50918.30 57668.22

Cash Awards: $1000 - $1999: 

Average Amount

1392 133.95 9.68 862.75 6.95

Cash Awards: $2000 - $2999: 

Awards Given

4338 20.47 27.21 18.30 20.84

Cash Awards: $2000 - $2999: Total 

Amount

10676931 50080.02 67009.77 44782.35 51003.19

Cash Awards: $2000 - $2999: 

Average Amount

2461 237.34 17.10 1599.35 0.00

Cash Awards: $3000 - $3999: 

Awards Given

2901 11.45 18.60 11.11 11.50

Cash Awards: $3000 - $3999: Total 

Amount

10014130 39661.30 64226.32 39077.12 39763.10

Cash Awards: $3000 - $3999: 

Average Amount

3451 336.08 23.98 2298.04 -5.81

Cash Awards: $4000 - $4999: 

Awards Given

1043 3.49 6.72 3.27 3.53

Cash Awards: $4000 - $4999: Total 

Amount

4574091 15063.14 29490.43 14057.52 15238.38

Cash Awards: $4000 - $4999: 

Average Amount

4385 418.33 30.46 2811.11 1.37

Cash Awards: $5000 or more: 

Awards Given

657 1.26 4.30 1.31 1.25

Cash Awards: $5000 or more: Total 

Amount

6495638 13108.73 42548.46 8027.45 13994.19

Cash Awards: $5000 or more: 

Average Amount

9886 1008.34 68.73 4013.73 484.62

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 Yes

b. Pay Increases (PWTD) Answer Yes

QSIs: PWDs and PWTDs received QSIs at a lower rate, PWD (3.70%) and PWTD (3.25%) than non-PWDs (4.78%). PerformanceBased Pay Increases: PWDs and PWTDs received performance-based pay increases at a lower rate, PWD (0.09%) and PWTD 

(0.36%) than non-PWD (0.64%).

Other Awards Total (#)

Reportable 

Disability %

Without Reportable 

Disability %

Targeted Disability 

%

Without Targeted 

Disability %

Total Performance Based Pay 

Increases Awarded

0 0.00 0.00 0.00 0.00

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.
HHS Food and Drug Administration FY 2022

Page 15

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, they are 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 Yes

ii. Internal Selections (PWD) Answer Yes

b. Grade GS-15

i. Qualified Internal Applicants (PWD) Answer Yes

ii. Internal Selections (PWD) Answer Yes

c. Grade GS-14

i. Qualified Internal Applicants (PWD) Answer Yes

ii. Internal Selections (PWD) Answer Yes

d. Grade GS-13

i. Qualified Internal Applicants (PWD) Answer Yes

ii. Internal Selections (PWD) Answer Yes

In FY22, FDA was not able to conduct an accurate analysis for internal applicant and internal selections because the Agency is 

unable to establish the qualified applicant benchmark. In addition, FDA recognizes that there is a gap in data where more than 50% 

of PWD and PWTD do not disclose their disability status, and therefore the data is not sufficiently reliable for analysis. The FDA 

workforce in total is below the PWD 12% goal for GS-12 – SES and PWTD 2% goal for GS-13 – SES. This indicates that a glass 

wall exists for PWDs, which is a barrier preventing career advancement for qualified employees with a disability. Through the start 

of the barrier analysis process in FY22 through Objective Team 5, the data indicated that triggers existed for PWD and PWTD. In 

addition, through the data gap analysis through Objective 4, FDA has identified a list of data gaps, identified key stakeholders 

internal and external to the Agency that are needed to resolve the data gaps, and is working on a short- and long-term action plan to 

resolve the data gaps. In FY23, FDA will continue the barrier analysis to determine root cause and develop actions to overcome the 

barriers as well as continue to work through resolving the data gaps.

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
HHS Food and Drug Administration FY 2022

Page 16

i. Qualified Internal Applicants (PWTD) Answer Yes

ii. Internal Selections (PWTD) Answer Yes

b. Grade GS-15

i. Qualified Internal Applicants (PWTD) Answer Yes

ii. Internal Selections (PWTD) Answer Yes

c. Grade GS-14

i. Qualified Internal Applicants (PWTD) Answer Yes

ii. Internal Selections (PWTD) Answer Yes

d. Grade GS-13

i. Qualified Internal Applicants (PWTD) Answer Yes

ii. Internal Selections (PWTD) Answer Yes

In FY22, FDA was not able to conduct an accurate analysis for internal applicant and internal selections because the Agency is 

unable to establish the qualified applicant benchmark. In addition, FDA recognizes that there is a gap in data where more than 50% 

of PWD and PWTD do not disclose their disability status, and therefore the data is not sufficiently reliable for analysis. The FDA 

workforce in total is below the PWD 12% goal for GS-12 – SES and PWTD 2% goal for GS-13 – SES. This indicates that a glass 

wall exists for PWDs, which is a barrier preventing career advancement for qualified employees with a disability. Through the start 

of the barrier analysis process in FY22 through Objective Team 5, the data indicated that triggers existed overall for PWD and 

PWTD. In addition, through the data gap analysis through Objective 4, FDA has identified a list of data gaps, identified key 

stakeholders internal and external to the Agency that are needed to resolve the data gaps, and is working on a short- and long-term 

action plan to resolve the data gaps. In FY23, FDA will continue the barrier analysis to determine root cause and develop actions to 

overcome the barriers as well as continue to work through resolving the data gaps.

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

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

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

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

In FY22, FDA was not able to conduct an accurate analysis for new hires to the senior grade levels because the Agency is unable to 

establish the qualified applicant benchmark. In addition, FDA recognizes that there is a gap in data where more than 50% of PWD 

and PWTD do not disclose their disability status, and therefore the data is not sufficiently reliable for analysis. The FDA workforce 

in total is below the PWD 12% goal for GS-12 – SES and PWTD 2% goal for GS-13 – SES. Note: For new Hires, no data was 

available for the SES. This indicates that a blocked pipeline to senior grades exists for PWDs, which is a gap in the data for 

qualified employees with a disability. Through the start of the barrier analysis process in FY22 through Objective Team 5, the data 

indicated that triggers existed overall for PWD and PWTD. In addition, through the data gap analysis through Objective 4, FDA has 

identified a list of data gaps, identified key stakeholders internal and external to the Agency that are needed to resolve the data gaps, 

and is working on a short- and long-term action plan to resolve the data gaps. In FY23, FDA will continue the barrier analysis to 

determine root cause and develop actions to overcome the barriers as well as continue to work through resolving the data gaps.

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 
HHS Food and Drug Administration FY 2022

Page 17

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

In FY22, FDA was not able to conduct an accurate analysis for new hires to the senior grade levels because the Agency is unable to 

establish the qualified applicant benchmark. In addition, FDA recognizes that there is a gap in data where more than 50% of PWD 

and PWTD do not disclose their disability status, and therefore the data is not sufficiently reliable for analysis. The FDA workforce 

in total is below the PWD 12% goal for GS-12 – SES and PWTD 2% goal for GS-13 – SES. Note: For new Hires, no data was 

available for the SES. This indicates that a blocked pipeline to senior grades exists for PWDs, which is a gap in the data for 

qualified employees with a disability. Through the start of the barrier analysis process in FY22 through Objective Team 5, the data 

indicated that triggers existed overall for PWD and PWTD. In addition, through the data gap analysis through Objective 4, FDA has 

identified a list of data gaps, identified key stakeholders internal and external to the Agency that are needed to resolve the data gaps, 

and is working on a short- and long-term action plan to resolve the data gaps. In FY23, FDA will continue the barrier analysis to 

determine root cause and develop actions to overcome the barriers as well as continue to work through resolving the data gaps.

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 No

ii. Internal Selections (PWD) Answer Yes

FDA recognizes that there is a gap in data where more than 50% of PWD and PWTD do not disclose their disability status, and 

therefore the data is not sufficiently reliable for analysis. In FY22, the FDA only had access to applicant flow data for promotions to 

supervisory positions in the aggregate, meaning we did not have access to disaggregated AFD on promotions to Executives and 

Managers. Using applicant flow aggregated data for Supervisors not compared to the benchmark, qualified internal applicants for 

PWD do not indicate that there is a trigger, however, for internal selections for PWD there appears to be a trigger. With the 

available data, we were able to identify a trigger in the internal selection for PWDs. There seems to be a glass ceiling preventing 

qualified PWDs from being selected to supervisory positions at the FDA. We need to investigate whether the barrier is institutional/

structural (policy-related), attitudinal (biases or others), and/or physical. Through the start of the barrier analysis process in FY22 

through Objective Team 5, the data indicated that triggers existed overall for PWD and PWTD. In addition, through the data gap 

analysis through Objective 4, FDA has identified a list of data gaps, identified key stakeholders internal and external to the Agency 

that are needed to resolve the data gaps, and is working on a short- and long-term action plan to resolve the data gaps. In FY23, 

FDA will continue the barrier analysis to determine root cause and develop actions to overcome the barriers as well as continue to 
HHS Food and Drug Administration FY 2022

Page 18

work through resolving the data gaps.

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 

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 No

ii. Internal Selections (PWTD) Answer No

FDA recognizes that there is a gap in data where more than 50% of PWD and PWTD do not disclose their disability status, and 

therefore the data is not sufficiently reliable for analysis. In FY22, the FDA only had access to applicant flow data for promotions to 

supervisory positions in the aggregate, meaning we did not have access to disaggregated AFD on promotions to Executives and 

Managers. Using applicant flow aggregated data for Supervisors not compared to the benchmark, qualified internal applicants for 

PWTD, and for internal selections for PWTD there does not appear to be a trigger. With the available data, we were able to identify 

a trigger in the internal selection for PTWDs. There seems to be a glass ceiling preventing qualified PWDs from being selected to 

supervisory positions at the FDA. We need to investigate whether the barrier is institutional/structural (policy-related), attitudinal 

(biases or others), and/or physical. Through the start of the barrier analysis process in FY22 through Objective Team 5, the data 

indicated that triggers existed overall for PWD and PWTD. In addition, through the data gap analysis through Objective 4, FDA has 

identified a list of data gaps, identified key stakeholders internal and external to the Agency that are needed to resolve the data gaps, 

and is working on a short- and long-term action plan to resolve the data gaps. In FY23, FDA will continue the barrier analysis to 

determine root cause and develop actions to overcome the barriers as well as continue to work through resolving the data gaps.

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 Yes

In FY22, FDA was not able to conduct an accurate analysis for new hires because the Agency is unable to establish the qualified 

applicant benchmark. FDA recognizes that there is a gap in data where more than 50% of PWD and PWTD do not disclose their 

disability status, and therefore the data is not sufficiently reliable for analysis. In FY22, the FDA only had access to applicant flow 

data for promotions to supervisory positions in the aggregate, meaning we did not have access to disaggregated AFD on promotions 

to Executives and Managers. Using applicant flow aggregated data for Supervisors not compared to the benchmark, New Hires for 

PWD appears to be a trigger. With the available data, we were able to identify a trigger in the internal selection for PWDs. There 

seems to be a glass ceiling preventing qualified PWDs from being selected to supervisory positions at the FDA. We need to 

investigate whether the barrier is institutional/structural (policy-related), attitudinal (biases or others), and/or physical. Through the 

start of the barrier analysis process in FY22 through Objective Team 5, the data indicated that triggers existed overall for PWD and 
HHS Food and Drug Administration FY 2022

Page 19

PWTD. In addition, through the data gap analysis through Objective 4, FDA has identified a list of data gaps, identified key 

stakeholders internal and external to the Agency that are needed to resolve the data gaps, and is working on a short- and long-term 

action plan to resolve the data gaps. In FY23, FDA will continue the barrier analysis to determine root cause and develop actions to 

overcome the barriers as well as continue to work through resolving the data gaps.

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 No

In FY22, FDA was not able to conduct an accurate analysis for new hires because the Agency is unable to establish the qualified 

applicant benchmark. FDA recognizes that there is a gap in data where more than 50% of PWD and PWTD do not disclose their 

disability status, and therefore the data is not sufficiently reliable for analysis. In FY22, the FDA only had access to applicant flow 

data for promotions to supervisory positions in the aggregate, meaning we did not have access to disaggregated AFD on promotions 

to Executives and Managers. Using applicant flow aggregated data for Supervisors not compared to the benchmark, New Hires for 

PWTD does not appear to be a trigger. With the available data, we were able to identify a trigger in the internal selection for 

PTWDs. There seems to be a glass ceiling preventing qualified PWDs from being selected to supervisory positions at the FDA. We 

need to investigate whether the barrier is institutional/structural (policy-related), attitudinal (biases or others), and/or physical. 

Through the start of the barrier analysis process in FY22 through Objective Team 5, the data indicated that triggers existed overall 

for PWD and PWTD. In addition, through the data gap analysis through Objective 4, FDA has identified a list of data gaps, 

identified key stakeholders internal and external to the Agency that are needed to resolve the data gaps, and is working on a shortand long-term action plan to resolve the data gaps. In FY23, FDA will continue the barrier analysis to determine root cause and 

develop actions to overcome the barriers as well as continue to work through resolving the data gaps.

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 

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

In accordance with the EEOC guidance, specifically The ABCs of Schedule A Tips for Hiring Managers on using the Schedule A 

Appointing Authority, agencies are strongly encouraged to make permanent appointments unless there is a compelling reason to do 

otherwise. There is no mandatory requirement to convert. However, when the employee is performing satisfactorily, agencies are 

strongly urged to convert Schedule A appointees at the end of the two-year period for noncompetitive conversion. The intent behind 

Schedule A is to help people with disabilities attain "civil service competitive status." Civil service competitive status is obtained 

through conversion to the competitive service, rather than remaining in the excepted service. The FDA did not convert all eligible 

Schedule A employees with a disability into the competitive service after two years of satisfactory service for varying reasons, e.g., 

EEOC guidance, individuals may have separated prior to conversion date, etc. The FDA will monitor Schedule A appointments to 

determine when an employee is eligible to be converted and ensure the proper personnel action is taken to convert Schedule A 

employees who perform satisfactorily and those who do not perform satisfactorily. The FDA OTS is developing Schedule A 

guidance to align with statutory, regulatory, OPM and EEOC guidance; to provide guidance on converting individuals to a 

permanent position in the competitive status; and what to do when an individual is not performing satisfactorily or having conduct-
HHS Food and Drug Administration FY 2022

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related issues.

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 Yes

In FY22, the percentage of PWD among voluntary separations (5.32% Participation Rate) exceeded that of persons without 

disabilities (5.25% Participation Rate). Given the difference in the voluntary separations are ~.07% we do not detect a trigger, 

however, we will continuously monitor this metric to ensure PWDs are not being disparately separated voluntarily. The percentages 

of PWD among involuntary separations (1.53% Participation Rate) exceeded that of persons without disabilities (1.26% 

Participation Rate). We do see a trigger in the involuntary separation rates of PWDs which indicates we must look into specific 

nature of action codes as well as exit interview data to better understand the reasons why PWDs are leaving and why it's a higher 

rate than non-PWDs.

Seperations Total # Reportable Disabilities %

Without Reportable 

Disabilities %

Permanent Workforce: Reduction in Force 0 0.00 0.00

Permanent Workforce: Removal 11 0.19 0.06

Permanent Workforce: Resignation 316 1.86 1.82

Permanent Workforce: Retirement 430 2.60 2.47

Permanent Workforce: Other Separations 175 1.30 0.99

Permanent Workforce: Total Separations 932 5.94 5.33

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 Yes

b.Involuntary Separations (PWTD) Answer No

In FY22, the percentage of PWTD among voluntary separations (5.63% Participation Rate) exceeded that of persons without 

targeted disabilities (5.25% Participation Rate). The percentage of PWTD among involuntary separations (1.06% Participation 

Rate) did not exceed that of persons without disabilities (1.26% Participation Rate). We do see a trigger in the voluntary separation 

rates of PWTDs which indicated we must look into specific natures of action codes as well as exit interview data to better 

understand the reasons why PWTDs are leaving and why it's a higher rate than non-PWTDs.

Seperations Total # Targeted Disabilities %

Without Targeted Disabilities 

%

Permanent Workforce: Reduction in Force 0 0.00 0.00

Permanent Workforce: Removal 11 0.62 0.06

Permanent Workforce: Resignation 316 1.85 1.82

Permanent Workforce: Retirement 430 1.23 2.49

Permanent Workforce: Other Separations 175 0.62 1.01

Permanent Workforce: Total Separations 932 4.32 5.38

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.

In FY22 the top 5 reasons for leaving the FDA, as reflected in the nature of action codes, are as follows: 1) Retirement (48%), 2) 

Moving to Private Sector (20.5%), 3) Moving to New Federal agency (19%), 4) Other (7.7%) and 5) Expiration of Appointment 
HHS Food and Drug Administration FY 2022

Page 21

(1.4%) tied with Moving to Self-Employment (1.4%). The top reasons for leaving for non-PWD/PWTDs, as reflected in exit 

interviews, were Leaving to obtain a better salary (14.0%), Leaving for a career change (12.9%), Leaving for a promotion (12.9%), 

Leaving to obtain better professional development/training opportunities (5.1%), Leaving for another reason (5.1%), Leaving 

because of dissatisfaction with senior leaders/managers (4.9%, Leaving because of inadequate recognition for accomplishments 

(4.6%), Leaving because of dissatisfaction with work duties or responsibilities (4.2%). The top reasons for leaving for PWD and 

PWTDs, as reflected in exit interviews, were Leaving for a Promotion (16.4%), Leaving to obtain a better Salary (11.5%), Leaving 

for a career change (11.5%), Leaving for another reason (8.2%), Leaving because of dissatisfaction with senior leaders/managers 

(6.6%), Leaving because of dissatisfaction with work duties or responsibilities (6.6%), Leaving because of inadequate recognition 

for accomplishments (4.9%), Leaving because workload is too high (4.9%), Leaving because job is not challenging enough (4.9%), 

Leaving to have a better commute to work (4.9%). The main identified difference between PWD/PWTDs is how they do not cite 

dissatisfaction with organizational culture / work environment as one of the top 5 reasons for leaving, however non-PWD/PWTDs 

cite this as a reason land as #4/5 with 5.1% of the response rate vs 0.0% for PWD/PWTDs.

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.

https://www.fda.gov/about-fda/about-website/internet-accessibility and https://www.fda.gov/media/80908/download

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. In FY23, FDA will work on getting 

this posted as well as how to file a complaint on the public website.

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 website 

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 except for 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.)
HHS Food and Drug Administration FY 2022

Page 22

The average time for processing reasonable accommodation requests during FY22 was 23 business-days. The Agency’s established 

timeframe for processing reasonable accommodation requests is 60 business days. Review of processing procedures, as well as 

timeframes, was completed during FY21 and implemented in FY22.

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.

The FDA is currently upgrading tracking procedures and has employed resources to accurately capture requests. System and 

procedural changes, and one additional staff member, assisted with a 25% decrease in recorded processing days from FY21 (FY22 – 

23 days from FY20 – 30.5 days). An adjustment of tracking processes allowed a more accurate view of request statuses, enabling 

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

applicable. Continuance of Agency maximum telework posture, trainings by the RAO were conducted virtually during FY22. RAO 

has developed and implemented presentations for the Agency’s bi-weekly New Employee Orientation. During FY22, around 600 

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 FY22, 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 one FDA 

Center. During FY22, the RAO continues to provide Executive Officers and senior officials of the agency with monthly status/trend 

reports of FDA and Center/Office-specific reasonable accommodation requests. The reasonable accommodation workgroup 

established in FY19 completed the review and revision of the FDA reasonable accommodation policies and procedures during 

FY21. The revised policy has been submitted to the EEOC for review and endorsement.

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.

FDA’s procedures for Personal Assistance Services (PAS) include processing of requests on a case-by-case basis. Requests for PAS 

are processed by the Reasonable Accommodation Office and may be submitted by the employee, a third party, and/or the 

supervisor. Information for submitting related requests can be found at: https://fda.sharepoint.com/sites/OC-Intranet-OC-OOOEMS-DCCP/SitePages/Reasonable- Accommodations.aspx. The PAS was updated in FY22 and added to the Staff Manual Guide 

(SMG) 3130.2 that was endorsed by EEOC on 12/16/2022, which will be communicated Agency-wide in FY23 as well as posted on 

FDA internal and external websites.

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.
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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.

There were no findings. Settlement agreement 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

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.

There were no findings. Settlement agreement 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 Yes

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
HHS Food and Drug Administration FY 2022

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STATEMENT OF 

CONDITION THAT WAS 

A TRIGGER FOR A 

POTENTIAL BARRIER:

Provide a brief narrative 

describing the condition at 

issue.

How was the condition 

recognized as a potential 

barrier?

Workforce Data (if so identify the table)

Workforce Data Table - B1

There's a trigger in the total representation of People with Disabilities (PWD) and People with 

Targeted Disabilities (PWTDs) in the permanent workforce.

N

N

STATEMENT OF 

BARRIER GROUPS:

STATEMENT OF 

IDENTIFIED BARRIER:

Provide a succinct statement 

of the agency policy, 

procedure

or practice that has been 

determined to be the barrier 

of the 

undesired condition.

Barrier Group

People with Disabilities

People with Targeted Disabilities

Source of the Trigger:

Specific Workforce Data 

Table:

Barrier Analysis Process 

Completed?:

Barrier(s) Identified?:

Barrier Name Description of Policy, Procedure, or Practice

Low Entry of PWD and 

PWTDs to FDA

We have not yet identified a specific policy, practice, or procedure 

that is directly impacting the low entry of PWD and PWTDs to the 

FDA workforce, however, we have theorized that the lack of a 

policy and practice of communicating our 12% and 2% goals in 

addition to lack of expanded Agency-wide training and education 

about the benefits of hiring PWDs and PWTDs might be 

contributing to this lack of representation. Further analysis needs to 

be done in order to objectively identify the cause or multiple causes.

Objective(s) and Dates for EEO Plan

Date 

Initiated

Target Date Sufficient 

Funding / 

Staffing?

Date 

Modified

Date 

Completed

Objective Description

09/30/2021 09/30/2025 Yes To ensure the agency meets or exceeds EEOCs 12% 

and 2% regulatory goal for PWD an PWTDs.

Responsible Official(s)

Title Name Standards Address The Plan?

Director, OEEO LaKeisha McClendon Yes

Planned Activities Toward Completion of Objective

Target Date Planned Activities Sufficient

Staffing &

Funding?

Modified

Date

Completion

Date

09/30/2022 OEEO and OHCM will establish a consistent method of 

communicating EEOCs 2% and 12% goals and tracking 

for increasing the representation of persons with 

disabilities and persons with targeted disabilities.

Yes 09/30/2023
HHS Food and Drug Administration FY 2022

Page 25

Planned Activities Toward Completion of Objective

Target Date Planned Activities Sufficient

Staffing &

Funding?

Modified

Date

Completion

Date

04/30/2022 The OEEO, via the DEIA Workgroup, will establish a 

series of working teams that will focus on implementing 

objectives outlined in the DEIA Strategic Plan. 

Specifically Objective #5, which focuses on running 

barrier analysis to understand opportunities and 

recommend actions to enhance outreach, recruitment, and 

retention efforts to increase representation of 

underrepresented groups, and Objective #6, which places 

particular focus on improving accessibility across the 

agency by ensuring processes around accessibility 

communications, reasonable accommodation, facilityrelated concerns etc. meet employee needs.

Yes 03/31/2022

09/30/2023 Complete the Barrier Analysis Toolkit, Objective 4 data 

gap analysis, and issuance of Objective 6 report: 

Accessibility Education and Communications 

Improvement Plan. Once the reports are completed, the 

Agency will prioritize initiatives, develop actions, and 

begin implementation of those actions.

Yes
HHS Food and Drug Administration FY 2022

Page 26

Report of Accomplishments

Fiscal Year Accomplishment

2022 In August 2022, a joint communication between OEEO and OHCM was issued to managers, supervisors, and 

executives regarding what the Agency PWD and PWTD 12% & 2% goals were and why these goals are 

important and how it could benefit the Agency. In addition, FDA conducted their inaugural DEIA L.E.A.D. 

Symposium in September 2022 for executives, managers, supervisors, and DEIA practitioners. During the allday virtual symposium, there were two different breakout sessions around educating attendees on recruiting 

persons with disabilities as well as one on how to build a support system for persons with disabilities in striving 

to foster a more inclusive workplace. 

FDA now has greater alignment and coordination between OEEO, RAO, and OTS, all of which support and 

engage PWDs and PWTDs. The coordinating efforts between these offices align the functions of the staff to 

further support the Agency’s goals and objectives toward PWDs and PWTDs. The FDA DEIA Strategic Plan, 

Objective 6, outlines improving accessibility across the agency to ensure effectiveness of practices utilized to 

provide accessibility across the Agency for FDA employees and prospective employees, including reasonable 

accommodations, workplace accessibility, and accessibility across information and communication 

technologies.

To maximize hiring of PWD and PWTD, including veterans with a 30% or more disability, FDA has created a 

Resume Repository tool that is used to track, store, and share resumes of PWD and PWTD, including 30% of 

more disabled veterans, who apply to positions at the FDA. All FDA managers and supervisors have access to 

this repository to view available, qualified candidates for their respective positions, and are encouraged to hire 

these candidates noncompetitively. To protect the integrity of the hiring and recruitment process, to include 

HIPPA laws, EEOC laws, etc., hiring/selecting officials are not provided a copy of the applicant’s Schedule A 

letter or the verification/certification by the medical/service provider, DD214 or other personally identifiable 

information. As we present in the FY21 MD-715, an estimated 125 Schedule A individuals were selected for 

employment opportunities via the FDA Resume Repository resource tool.

The Advisory Committee for Employees with Disabilities (ACED) is an advisory board chartered by the 

Commissioner of the U.S. Food and Drug Administration (FDA) to provide advice on policies, issues, and 

concerns impacting employees with disabilities within FDA and those seeking employment by the agency. The 

ACED provides a communication channel between FDA employees and management.

FDA leveraged their existing DEIA Workgroup, to establish series of working teams (Objective Teams) that 

will focus on implementing objectives outlined in the DEIA Strategic Plan. Specifically, Objective Team #5, 

which focused on establishing a barrier analysis process and began a barrier analysis to understand 

opportunities and recommend actions to enhance outreach, recruitment, and retention efforts to increase 

representation of underrepresented groups, and Objective Team #6, which focused on improving accessibility 

across the agency by ensuring processes around accessibility communications, reasonable accommodation, 

facility-related concerns etc. meet employee needs.

2021 Accomplishments will be reflected in the FY22 report.

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

Past planned activities were not a result of a true barrier analysis, thus measuring them is not feasible. FY20 – FY22 activities 

focused on establishing a holistic strategic approach to human capital/talent management (HC/TM), diversity, equity, inclusion, and 

accessibility (DEIA) and equal employment opportunity (EEO). To accomplish this, FDA is leveraging our forged partnership 

between the Office of Equal Employment Opportunity (OEEO), Office of Human Capital Management (OHCM), and Office of 

Talent Solutions (OTS) (formerly Office Human Resources), as well as other key stakeholders. In FY22, the FDA is reassessing its 

planned activities to address gaps in the disability program. The FDA’s DEIA 2022-2025 Strategic Plan has objectives to enhance 

the collection, analysis, and reporting of demographic data (Objective 4); enhance outreach, recruitment, and retention efforts to 

increase representation of underrepresented groups (Objective 5) and to improve accessibility across the Agency (Objective 6). As 

part of DEIA implementation, FDA has established a cross-agency Barrier Analysis team (Objective Team 5). This team includes 

Human Capital professionals, DEIA subject matter experts (SMEs), and other SMEs from across the Agency. FDA identified that 

there was a general lack of understanding of what barrier analysis is across the Agency. Due to the lack of institutional knowledge, 
HHS Food and Drug Administration FY 2022

Page 27

there was a need to provide barrier analysis training. The barrier analysis training process began with FDA arranging through the 

EEOC to provide barrier analysis training to the DEIA Objective Team 5 on May 3, 2022. This training was recorded and made 

available to all the DEIA Objective Team co-chair for awareness. The intent of DEIA Objective 5 is to understand barriers to 

achieving representation that reflects the Civilian Workforce within each grade level and establish targeted programs to remove 

those barriers across various stages of the employee lifecycle. The FDA now has greater alignment and coordination between 

OEEO, RAO, and OTS, all which support and engage PWDs and PWTDs. The coordinating efforts between these offices align the 

functions of the staff to further support the Agency’s goals and objectives toward PWDs and PWTDs. The FDA DEIA Strategic 

Plan, Objective 6, outlines improving accessibility across the agency to ensure effectiveness of practices utilized to provide 

accessibility across the Agency for FDA employees and prospective employees, including reasonable accommodations, workplace 

accessibility, and accessibility across information and communication technologies. Objective Team 5 established a barrier analysis 

a process consistent with the EEOC requirements and began conducting barrier analysis for three underrepresented populations to 

include Black/African American, Hispanic/Latino, and persons with disabilities and targeted disabilities. The barrier analysis will 

continue in FY23. The process includes quarterly self-assessments and in-depth workforce analysis to identify barriers throughout 

the employee lifecycle. The outcome of the work in FY23 from the DEIA Objective Teams during the implementation period will 

1) develop a resource toolkit that will support the identification of triggers; 2) perform barrier analysis; 3) develop and implement 

actions plans to address each barrier; and 4) review the effectiveness of the plans. The Objective Team will report back to the FDA 

EEOGC on a regular basis.

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