Page 1

Merit Systems Protection Board 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 No 

Note: MSPB is unusual among Federal agencies in that 96% of the agency is employed at grade GS-11 or higher. The number of 

persons in grades 1-10 in any given year is almost always fewer than ten, and in FY 2022, there were eight. The largest group of 

employees at MSPB, by grade, is the GS-15 group. 

*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 No 

Note: MSPB is unusual among Federal agencies in that 96% of the agency is employed at grade GS-11 or higher. The number of 

persons in grades 1-10 in any given year will be fewer than ten, and in FY 2022, there were eight. The largest group of employees at 

MSPB, by grade, is the GS-15 group. The agency's overall disability employment rate is 17%, and its targeted disability 

employment rate is 4%. The disability employment rate for attorneys is 12%, and the targeted disability rate for attorneys is 3%. 

Grade Level Cluster(GS or Alternate Pay 

Planb) 

Total Reportable Disability Targeted Disability 

# # % # % 

Numarical Goal -- 12% 2% 

Grades GS-1 to GS-10 8 2 25.00 0 0.00 

Grades GS-11 to SES 188 30 15.96 8 4.26 

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

The EEO Director 1) attends a monthly leadership meeting and takes opportunities to highlight disability affirmative employment 

goals, with a specific discussion during MSPB's annual "State of the Agency" MD-715 briefing, and 2) notifies hiring managers 

every year when the Workforce Recruitment Program (WRP) season opens, including a message promoting affirmative disability 
Merit Systems Protection Board FY 2022

Page 2

employment performance and goals.

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 Yes

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

employment status, and responsible official.

Disability Program Task

# of FTE Staff By Employment Status Responsible Official 

(Name, Title, Office 

Full Time Part Time Collateral Duty Email)

Answering questions from the public about 

hiring authorities that take disability into 

account

2 0 0 Jess Lang, EEO Director, 

OEEO, 

jessica.lang@mspb.gov

Special Emphasis Program for PWD and 

PWTD

1 0 0 Jess Lang, EEO Director, 

OEEO, 

jessica.lang@mspb.gov

Processing applications from PWD and PWTD 3 0 0 Janae Lentz, HR 

Specialist, APHIS, 

janae.m.lentz@aphis.usda.gov

Section 508 Compliance 1 0 0 Dennis Oden, 

Accessibility Program 

Manager, OCB, 

dennis.oden@mspb.gov

Architectural Barriers Act Compliance 1 0 0 Dennis Oden, 

Accessibility Program 

Manager, OCB, 

dennis.oden@mspb.gov

Processing reasonable accommodation requests 

from applicants and employees

3 0 0 Jess Lang, EEO Director, 

OEEO, 

jessica.lang@mspb.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.
Merit Systems Protection Board FY 2022

Page 3

Answer Yes

Reasonable accommodation coordinators (RACs) receive formal training upon commencing their collateral duties, and attend 

EEOC's EXCEL conference yearly.

B. PLAN TO ENSURE SUFFICIENT FUNDING FOR THE DISABILITY PROGRAM

Has the agency provided sufficient funding and other resources to successfully implement the disability program during 

the reporting period? If “no”, describe the agency’s plan to ensure all aspects of the disability program have sufficient 

funding and other resources.

Answer Yes

Section III: Program Deficiencies In The Disability Program

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.

MSPB takes following steps to identify job applicants with disabilities, including targeted disabilities: 1) The EEO Director 

communicates via email and phone with Schedule A applicants with disabilities who express interest in MSPB, and 2) the EEO 

Director promotes the use of the WRP. Several managers have been registered with the WRP database for the past three years, and 

during the last open season, two attorneys were approached via this program for interviews with the agency.

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

MSPB uses available and appropriate hiring authorities to recruit and hire PWD and PWTD, including Schedule A (disability), 

Veteran's Recruitment Appointment Authority (VRA), and the 30% disabled veteran preference authority on public certificates 

(Delegated Examining Unit/DEU procedures).

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.

MSPB's primary occupation is attorney advisor (General Attorney), GS-0905. Applicants for this job series who are Schedule A 

(disability)-eligible are encouraged to apply for vacancy announcements advertised on USAJOBS and are then identified as being 

"Schedule A/disability"-eligible on certificates referred. As attorney advisor positions are excepted service, they cannot be 

converted to career competitive as required under the Schedule A authority related to disability. With respect to all other nonattorney positions, Schedule A (disability) applications are through vacancy announcements posted on USA Jobs and identified on 

the certificates as being eligible for hire on the basis of disability, or applicants can send their resume/application package directly 

to the Special Program Placement Coordinator (SPPC) for review of qualifications and grade eligibility. If a vacancy exists, and the 

applicant is found to be qualified for the existing position, the SPPC or EEO Director may forward the application on to a hiring 
Merit Systems Protection Board FY 2022

Page 4

manager for consideration.

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

Annual supervisory training.

B. PLAN TO ESTABLISH CONTACTS WITH DISABILITY EMPLOYMENT ORGANIZATIONS

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

securing and maintaining employment.

The EEO Director promotes the use of the Workforce Recruitment Program (WRP). Several managers are registered, active users 

with the WRP database, and two attorneys were approached via this program for interviews during the last open season.

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 No

b. New Hires for Permanent Workforce (PWTD) Answer No

New Hires Total

Reportable Disability Targeted Disability

Permanent 

Workforce

Temporary 

Workforce

Permanent 

Workforce

Temporary 

Workforce

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

% of Total 

Applicants

% of Qualified 

Applicants

% of New Hires

2. Using the qualified applicant pool as the benchmark, do triggers exist for PWD and/or PWTD among the new hires for any 

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

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

a. New Hires for MCO (PWD) Answer No

b. New Hires for MCO (PWTD) Answer No

New Hires to Mission-Critical Occupations

Total

Reportable Disability Targetable Disability

New Hires New Hires

(#) (%) (%)

Numerical Goal -- 12% 2%
Merit Systems Protection Board FY 2022

Page 5

3. Using the relevant applicant pool as the benchmark, do triggers exist for PWD and/or PWTD among the qualified internal 

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

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

a. Qualified Applicants for MCO (PWD) Answer No

b. Qualified Applicants for MCO (PWTD) Answer No

4. Using the qualified applicant pool as the benchmark, do triggers exist for PWD and/or PWTD among employees promoted 

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

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

a. Promotions for MCO (PWD) Answer No

b. Promotions for MCO (PWTD) Answer No

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.

OEEO ensures that hiring officials are aware that Schedule A is available for non-competitive promotion of employees, not just 

initial hire. Among all the grades at MSPB, disability rates are the highest in grades GS-14 (19% disability, 6% targeted disability), 

and GS-15 (16% disability, 5% targeted disability). The manager/supervisor cohort has a disability rate of 12% and targeted 

disability rate of 4%. The office directors/executive cohort is too small for public disclosure of disability numbers, but the disability 

employment rates for this group are also above Federal goals, and these are discussed in Part E. In-person survey information 

collected by the EEO Director indicates no opinions among persons with disabilities that their disabilities impede advancement in 

the agency; rather, satisfaction with the reasonable accommodation process (to enable employees to conduct their duties, earn 

performance awards, and be marketable for advancement) was cited the most positively among policies and procedure in the 

agency. The EEO Director also conducts regular adverse impact statistical testing with selection data (every three years) to 

determine whether selection results indicate adverse impact for persons with disabilities, and no statistical issues have arisen in two 

rounds of testing since 2019.

B. CAREER DEVELOPMENT OPPORTUNITES

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

MSPB's individual program offices manage their own career development programs based on the office's role and existing career 

ladders. As part of the agency's DEIA Strategic Plan, all employees will be encouraged to write Individual Development Plans 

(IDPs), and managers will work with employees to ensure that the training they are allocated aligns with their career goals. There is 

not a competitive process for this career development opportunity; all employees will be encouraged to take personal responsibility 

with their own IDPs. To reiterate: MSPB is unusual among Federal agencies in that 96% of the agency is employed at grade GS-11 

or higher. The largest group of employees at MSPB, by grade, is the GS-15 group; 65% of the agency is employed in grades 14, 15, 

and in the executive cohort, which is not surprising, given the specialized, niche nature of the agency's core function with non-entrylevel employment law. The disability rate for the GS-14, -15, and executive cluster is 16%, and the targeted disability rate for this 
Merit Systems Protection Board FY 2022

Page 6

cluster is 4%.

2. In the table below, please provide the data for career development opportunities that require competition and/or 

supervisory recommendation/ approval to participate.

Career Development 

Opportunities

Total Participants PWD PWTD

Applicants (#) Selectees (#)

 Applicants 

(%) Selectees (%)

 Applicants 

(%) Selectees (%)

Internship Programs 0 0 0 0 0 0

Detail Programs 0 0 0 0 0 0

Fellowship Programs 0 0 0 0 0 0

Other Career Development 

Programs

0 0 0 0 0 0

Mentoring Programs 0 0 0 0 0 0

Coaching Programs 0 0 0 0 0 0

Training Programs 0 0 0 0 0 0

3. Do triggers exist for PWD among the applicants and/or selectees for any of the career development programs? (The 

appropriate benchmarks are the relevant applicant pool for the applicants and the applicant pool for selectees.) If “yes”, 

describe the trigger(s) in the text box. 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 No

b. Selections (PWD) Answer No

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 No

b. Selections (PWTD) Answer No

C. AWARDS

1. Using the inclusion rate as the benchmark, does your agency have a trigger involving PWD and/or PWTD for any level of 

the time-off awards, bonuses, or other incentives? If “yes”, please describe the trigger(s) in the text box.

a. Awards, Bonuses, & Incentives (PWD) Answer No

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

Time-Off Awards Total (#)

Reportable 

Disability %

Without Reportable 

Disability %

Targeted Disability 

%

Without Targeted 

Disability %

Time-Off Awards 1 - 10 hours: 

Awards Given

0 0.00 0.00 0.00 0.00
Merit Systems Protection Board FY 2022

Page 7

Time-Off Awards Total (#)

Reportable 

Disability %

Without Reportable 

Disability %

Targeted Disability 

%

Without Targeted 

Disability %

Time-Off Awards 1 - 10 Hours: 

Total Hours

0 0.00 0.00 0.00 0.00

Time-Off Awards 1 - 10 Hours: 

Average Hours

0 0.00 0.00 0.00 0.00

Time-Off Awards 11 - 20 hours: 

Awards Given

0 0.00 0.00 0.00 0.00

Time-Off Awards 11 - 20 Hours: 

Total Hours

0 0.00 0.00 0.00 0.00

Time-Off Awards 11 - 20 Hours: 

Average Hours

0 0.00 0.00 0.00 0.00

Time-Off Awards 21 - 30 hours: 

Awards Given

0 0.00 0.00 0.00 0.00

Time-Off Awards 21 - 30 Hours: 

Total Hours

0 0.00 0.00 0.00 0.00

Time-Off Awards 21 - 30 Hours: 

Average Hours

0 0.00 0.00 0.00 0.00

Time-Off Awards 31 - 40 hours: 

Awards Given

0 0.00 0.00 0.00 0.00

Time-Off Awards 31 - 40 Hours: 

Total Hours

0 0.00 0.00 0.00 0.00

Time-Off Awards 31 - 40 Hours: 

Average Hours

0 0.00 0.00 0.00 0.00

Time-Off Awards 41 or more 

Hours: Awards Given

0 0.00 0.00 0.00 0.00

Time-Off Awards 41 or more 

Hours: Total Hours

0 0.00 0.00 0.00 0.00

Time-Off Awards 41 or more 

Hours: Average Hours

0 0.00 0.00 0.00 0.00

Cash Awards Total (#)

Reportable 

Disability %

Without Reportable 

Disability %

Targeted Disability 

%

Without Targeted 

Disability %

Cash Awards: $501 - $999: Awards 

Given

0 0.00 0.00 0.00 0.00

Cash Awards: $501 - $999: Total 

Amount

0 0.00 0.00 0.00 0.00

Cash Awards: $501 - $999: 

Average Amount

0 0.00 0.00 0.00 0.00

Cash Awards: $1000 - $1999: 

Awards Given

0 0.00 0.00 0.00 0.00

Cash Awards: $1000 - $1999: Total 

Amount

0 0.00 0.00 0.00 0.00

Cash Awards: $1000 - $1999: 

Average Amount

0 0.00 0.00 0.00 0.00

Cash Awards: $2000 - $2999: 

Awards Given

0 0.00 0.00 0.00 0.00

Cash Awards: $2000 - $2999: Total 

Amount

0 0.00 0.00 0.00 0.00

Cash Awards: $2000 - $2999: 

Average Amount

0 0.00 0.00 0.00 0.00

Cash Awards: $3000 - $3999: 

Awards Given

0 0.00 0.00 0.00 0.00

Cash Awards: $3000 - $3999: Total 

Amount

0 0.00 0.00 0.00 0.00

Cash Awards: $3000 - $3999: 

Average Amount

0 0.00 0.00 0.00 0.00

Cash Awards: $4000 - $4999: 

Awards Given

0 0.00 0.00 0.00 0.00
Merit Systems Protection Board FY 2022

Page 8

Cash Awards Total (#)

Reportable 

Disability %

Without Reportable 

Disability %

Targeted Disability 

%

Without Targeted 

Disability %

Cash Awards: $4000 - $4999: Total 

Amount

0 0.00 0.00 0.00 0.00

Cash Awards: $4000 - $4999: 

Average Amount

0 0.00 0.00 0.00 0.00

Cash Awards: $5000 or more: 

Awards Given

0 0.00 0.00 0.00 0.00

Cash Awards: $5000 or more: Total 

Amount

0 0.00 0.00 0.00 0.00

Cash Awards: $5000 or more: 

Average Amount

0 0.00 0.00 0.00 0.00

2. Using the inclusion rate as the benchmark, does your agency have a trigger involving PWD and/or PWTD for quality step 

increases or performance- based pay increases? If “yes”, please describe the trigger(s) in the text box.

a. Pay Increases (PWD) Answer No

b. Pay Increases (PWTD) Answer No

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.

a. Other Types of Recognition (PWD) Answer No

b. Other Types of Recognition (PWTD) Answer No

D. PROMOTIONS

1. Does your agency have a trigger involving PWD among the qualified internal applicants and/or selectees for promotions to 

the senior grade levels? (The appropriate benchmarks are the relevant applicant pool for qualified internal applicants and 

the qualified applicant pool for selectees.) For non-GS pay plans, please use the approximate senior grade levels. If “yes”, 

describe the trigger(s) in the text box. 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 No

ii. Internal Selections (PWD) Answer No

b. Grade GS-15

i. Qualified Internal Applicants (PWD) Answer No

ii. Internal Selections (PWD) Answer No

c. Grade GS-14

i. Qualified Internal Applicants (PWD) Answer No
Merit Systems Protection Board FY 2022

Page 9

ii. Internal Selections (PWD) Answer No

d. Grade GS-13

i. Qualified Internal Applicants (PWD) Answer No

ii. Internal Selections (PWD) Answer No

2. Does your agency have a trigger involving PWTD among the qualified internal applicants and/or selectees for promotions 

to the senior grade levels? (The appropriate benchmarks are the relevant applicant pool for qualified internal applicants 

and the qualified applicant pool for selectees.) For non-GS pay plans, please use the approximate senior grade levels. If 

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

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

a. SES

i. Qualified Internal Applicants (PWTD) Answer No

ii. Internal Selections (PWTD) Answer No

b. Grade GS-15

i. Qualified Internal Applicants (PWTD) Answer No

ii. Internal Selections (PWTD) Answer No

c. Grade GS-14

i. Qualified Internal Applicants (PWTD) Answer No

ii. Internal Selections (PWTD) Answer No

d. Grade GS-13

i. Qualified Internal Applicants (PWTD) Answer No

ii. Internal Selections (PWTD) Answer No

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 No

b. New Hires to GS-15 (PWD) Answer No

c. New Hires to GS-14 (PWD) Answer No

d. New Hires to GS-13 (PWD) Answer No

4. Using the qualified applicant pool as the benchmark, does your agency have a trigger involving PWTD among the new 

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

the trigger(s) in the text box. 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.
Merit Systems Protection Board FY 2022

Page 10

a. New Hires to SES (PWTD) Answer No

b. New Hires to GS-15 (PWTD) Answer No

c. New Hires to GS-14 (PWTD) Answer No

d. New Hires to GS-13 (PWTD) Answer No

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 No

ii. Internal Selections (PWD) Answer No

b. Managers

i. Qualified Internal Applicants (PWD) Answer No

ii. Internal Selections (PWD) Answer No

c. Supervisors

i. Qualified Internal Applicants (PWD) Answer No

ii. Internal Selections (PWD) Answer No

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 No

ii. Internal Selections (PWTD) Answer No

b. Managers

i. Qualified Internal Applicants (PWTD) Answer No

ii. Internal Selections (PWTD) Answer No

c. Supervisors

i. Qualified Internal Applicants (PWTD) Answer No

ii. Internal Selections (PWTD) Answer No
Merit Systems Protection Board FY 2022

Page 11

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 No

b. New Hires for Managers (PWD) Answer No

c. New Hires for Supervisors (PWD) Answer No

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 No

b. New Hires for Managers (PWTD) Answer No

c. New Hires for Supervisors (PWTD) Answer No

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 Yes

There were no Schedule A (disability authority) employees eligible for conversion during the last reporting period because the only 

relevant individual had completed only half of the two-year probationary period. However, this individual was converted into 

competitive service upon completion of two years of satisfactory service.

2. Using the inclusion rate as the benchmark, did the percentage of PWD among voluntary and involuntary separations 

exceed that of persons without disabilities? If “yes”, describe the trigger below.

a.Voluntary Separations (PWD) Answer No

b.Involuntary Separations (PWD) Answer No

Seperations Total # Reportable Disabilities %

Without Reportable 

Disabilities %

Permanent Workforce: Reduction in Force 0 0.00 0.00

Permanent Workforce: Removal 0 0.00 0.00

Permanent Workforce: Resignation 16 6.06 8.59

Permanent Workforce: Retirement 6 3.03 3.07
Merit Systems Protection Board FY 2022

Page 12

Seperations Total # Reportable Disabilities %

Without Reportable 

Disabilities %

Permanent Workforce: Other Separations 1 3.03 0.00

Permanent Workforce: Total Separations 23 12.12 11.66

3. Using the inclusion rate as the benchmark, did the percentage of PWTD among voluntary and involuntary separations 

exceed that of persons without targeted disabilities? If “yes”, describe the trigger below.

a.Voluntary Separations (PWTD) Answer No

b.Involuntary Separations (PWTD) Answer No

Seperations Total # Targeted Disabilities %

Without Targeted Disabilities 

%

Permanent Workforce: Reduction in Force 0 0.00 0.00

Permanent Workforce: Removal 0 0.00 0.00

Permanent Workforce: Resignation 16 0.00 8.51

Permanent Workforce: Retirement 6 0.00 3.19

Permanent Workforce: Other Separations 1 0.00 0.53

Permanent Workforce: Total Separations 23 0.00 12.23

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.

Please note, as applicable: The EEO Director conducts the agency's exit interviews in person, and no individuals reported 

dissatisfaction with the agency's disability employment effort, and satisfaction with the reasonable accommodation procedure was 

among the most-often cited positive policy elements among departing employees for a period of four years.

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.mspb.gov/publicaffairs/accessibility.htm

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.

https://www.mspb.gov/publicaffairs/accessibility.htm

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.

In FY 2020, MSPB hired an Accessibility Program Manager, a GS-15 employee with specific responsibilities related to 

accessibility of agency facilities, programs, and technology. It is a full-time, permanent position.
Merit Systems Protection Board FY 2022

Page 13

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.)

5 days.

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 Board has a high approval rate for reasonable accommodation requests, as well as a 100% timeliness rate for processing. Exit 

interview statements over the past several years indicate that employees are highly satisfied with accommodation procedures and 

outcomes at MSPB.

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.

Not applicable; the PAS policy and procedure has not been used, as MSPB has received zero requests for such services.

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 No

3. If the agency had one or more findings of discrimination alleging harassment based on disability status during the last 

fiscal year, please describe the corrective measures taken by the agency.

Not applicable.

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?
Merit Systems Protection Board FY 2022

Page 14

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 No

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.

Not applicable.

Section VIII: Identification and Removal of Barriers

Element D of MD-715 requires agencies to conduct a barrier analysis when a trigger suggests that a policy, procedure, or practice 

may be impeding the employment opportunities of a protected EEO group.

1. Has the agency identified any barriers (policies, procedures, and/or practices) that affect employment opportunities for 

PWD and/or PWTD?

Answer No

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

Answer N/A

3. Identify each trigger and plan to remove the barrier(s), including the identified barrier(s), objective(s), responsible 

official(s), planned activities, and, where applicable, accomplishments

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

Not applicable.

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

barrier(s).

Not applicable.

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.

Not applicable.