FMC MD-715 PARTS A-G Page 1

EEOC FORM 

715-02 

PARTS A - D 

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Federal Maritime Commission For period covering October 1, 2021 to September 30, 2022

PART A

Department or 

Agency 

Identifying 

Information

1. Agency 1. Federal Maritime Commission

1.a 2nd level reporting component Not Applicable

2. Address 2. 800 North Capitol Street, NW

3. City, State, Zip Code 3. Washington, DC 20753

4. Agency Code 5. FIPS code(s) 4. MC00 5. 11001

PART B

Total 

Employment

1. Enter total number of permanent full-time and part-time employees 1. 115

2. Enter total number of temporary employees 2. 7

3. TOTAL EMPLOYMENT [add line B1 through 2] 3. 122

PART C

Agency Official(s) Responsible for Oversight of EEO Program(s)

PART C.1

Head of Agency and Head of Agency Designee

Title Type Name Title

Head of Agency Daniel B. Maffei Chairman

Principal EEO Director/Official Camella M. Woodham EEO Director
FMC MD-715 PARTS A-G Page 2

PART C.2

Agency Official(s) Responsible for Oversight of EEO Program(s)

EEO Program 

Staff

Name Title

Job 

Series 

Pay 

Plan 

Phone 

Number Email Address

EEO Program Staff Name Title Job 

Series

Pay 

Plan Phone Number Email Address

Principal EEO 

Director/Official

Camella 

Woodham

EEO Director 0260 GS 202-579-2561 cwoodham@fmc.gov

Affirmative

Employment 

Program Manager

Camella 

Woodham

EEO Director 0260 GS 202-579-2561 cwoodham@fmc.gov

Complaint

Processing 

Program Manager

Camella 

Woodham EEO Director 0260 GS 202-579-2561 cwoodham@fmc.gov

Diversity and

Inclusion Officer

Camella 

Woodham EEO Director 0260 GS 202-579-2561 cwoodham@fmc.gov

Hispanic Program 

Manager (SEPM)

Camella 

Woodham EEO Director 0260 GS 202-579-2561 cwoodham@fmc.gov

Women’s Program 

Manager (SEPM)

Camella 

Woodham

EEO Director 0260 GS 202-579-2561 cwoodham@fmc.gov

Disability Program 

Manager (SEPM)

Camella 

Woodham EEO Director 0260 GS 202-579-2561 cwoodham@fmc.gov

Special Placement

Program 

Coordinator

(Individuals with 

Disabilities)

Courtney 

Killion HR Director 0201 GS 202-523-5773 ckillion@fmc.gov

Reasonable

Accommodation 

Program Manager

Courtney 

Killion HR Director 0201 GS 202-523-5773 ckillion@fmc.gov 

Anti-Harassment

Program Manager

Courtney 

Killion HR Director 0201 GS 202-523-5773 ckillion@fmc.gov

ADR Program

Manager

Camella 

Woodham

EEO Director 0260 GS 202-579-2561 cwoodham@fmc.gov

Compliance 

Manager

Camella 

Woodham EEO Director 0260 GS 202-579-2561 cwoodham@fmc.gov

Principal MD-715 

Preparer

Camella 

Woodham

EEO Director 0260 GS 202-579-2561 cwoodham@fmc.gov

Other EEO Staff Philip Lee

Collateral Duty EEO

Counselor/Attorney Advisor, Office 

of Consumer Affairs and Dispute 

Resolution

Services

0905 GS plee@fmc.gov

Other EEO Staff Susan 

Johnson

Collateral Duty EEO 

Counselor/Transportation

Industry Analyst, Bureau of Trade 

Analysis

2110 GS sjohnson@fmc.gov

Other EEO Staff Kimberly 

Doughty

Collateral Duty EEO 

Counselor/Industry

Analyst, Bureau of Trade Analysis

0301 GS kdoughty@fmc.gov
FMC MD-715 PARTS A-G Page 3

PART D

PART D.1 

List of Subordinate Components Covered in this Report

Subordinate 

Component City State Country (Optional) Agency Code FIPS Codes

NONE

PART D.2 

Mandatory and Optional Documents for this Report

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

Did the agency submit the following 

mandatory documents?

Please respond

Yes or No

Comments

Organizational Chart Yes

EEO Policy Statement Yes

Strategic Plan Yes

Anti-Harassment Policy and Procedures Yes

Reasonable Accommodation 

Procedures

Yes

Personal Assistance Services

Procedures

Yes

Alternative Dispute Resolution 

Procedures

Yes

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

Did the agency submit the following 

optional documents?

Please respond 

Yes or No

Comments

Federal Equal Opportunity Recruitment

Program (FEORP) No

Disabled Veterans Affirmative Action 

Program (DVAAP) Report No

Operational Plan for Increasing

Employment of Individuals with Disabilities 

under Executive Order 13548

No

Diversity Policy Statement No

Human Capital Strategic Plan No

EEO Strategic Plan No

Results from most recent Federal

Employee Viewpoint Survey or Annual 

Employee Survey

No
FMC MD-715 PARTS A-G Page 4

EEOC 

FORM 

715-02 

PART E

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL EEO PROGRAM STATUS REPORT

Federal Maritime Commission For period covering October 1, 2021 to September 30, 2022

Part E: EXECUTIVE SUMMARY

PART E.1

MISSION

The Federal Maritime Commission (FMC, Agency, or Commission) is an independent federal agency 

charged with regulating liner shipping in the U.S. international trades. From its creation in 1961, the 

FMC has ensured a competitive and reliable international ocean transportation supply system that 

supports the U.S. economy and job growth, and protects the public from unlawful, unfair, and 

deceptive practices. While the specifics of the U.S. maritime policy and laws have changed during 

the last few decades, the FMC’s mission and dual strategic goals are the focus of today’s regulatory 

efforts. 

Congress assigned these responsibilities to the FMC in the following laws now codified at 46 U.S.C. 

§§ 40101-44106: 

• The Shipping Act of 1984 (Shipping Act), as amended by the Ocean Shipping Reform Act 

(OSRA) of 2022; 

• The Foreign Shipping Practices Act of 1988 (FSPA); 

• Section 19 of the Merchant Marine Act, 1920 (1920 Act); 

• Sections 2 and 3 of Pub. L. No. 89-777, 80 Stat. 1350; and 

• Section 834 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (LoBiondo Act). 

The mission of FMC is to:

Ensure a competitive and reliable international ocean transportation supply system that 

supports the U.S. economy and protects the public from unfair and deceptive practices. 

The FMC’s Headquarters is located in Washington, D.C. (Headquarters). The Agency also has 

Regional Offices located throughout the country.
FMC MD-715 PARTS A-G Page 5

PART E.2

ESSENTIAL ELEMENTS A-F

Essential Element A: Demonstrated Commitment from Commission Leadership

The FMC continues to demonstrate a culture that supports equal opportunity, diversity, inclusion, 

and accessibility. Chairman Daniel Maffei articulated in the agency’s annual policy statements the 

agency’s commitment to equal employment opportunity and a discrimination-free workplace and 

supported an inclusive environment that provides to all employees, individually and collectively, the 

chance to work to their full potential. Chairman Maffei’s Equal Employment Opportunity and Diversity 

Policy statement, dated May 11, 2022, states:

“The Federal Maritime Commission (FMC) reaffirms its commitment to equal opportunity in 

employment regardless of race, color, sex (including pregnancy, sexual orientation, and 

gender identity/stereotyping), national origin, religion, age (40 years and older), disability 

(physical and/or mental), genetic information, and/or for opposing discrimination or 

participating in the EEO process. The FMC will continue to provide a workplace that is free 

from all forms of discrimination, harassment, and retaliation, ensuring equal opportunity in 

all human capital and employment programs, management practices, and employmentbased decisions.”

The FMC policy adheres to EEOC guidance on establishing a model EEO program. The agency 

actively strives to continuously incorporate effective management, accountability, inclusiveness, selfassessment, and adaptivity to ensure that all employees enjoy a safe and effective workplace. As 

the FMC EEO and Diversity Policy statement makes clear:

“The FMC will continue to actively and consistently support and promote the principles of 

diversity and inclusion in order to guarantee an environment in which its employees are 

valued, treated with dignity and respect, and provided every chance to compete and 

contribute towards achieving their employment potential. The entire FMC communityexecutive leadership, supervisors, managers and staff will always be held accountable to 

maintain an environment with highest standards of diversity, inclusion, and equal 

employment opportunity.”

FMC continues its support of individuals with disabilities. The agency continues to review its policies 

and procedures to ensure that individuals with disabilities have opportunities and access to all of the 

privileges and benefits of employment, including access to reasonable accommodations and 

personal assistance services, as they are needed. The FMC EEO and Diversity Policy states:

“In support of Executive Order 13548, "Increasing Federal Employment of Individuals with 

Disabilities," we will seek to strengthen our efforts to attract, hire, and retain individuals with 

disabilities through the use of special hiring authorities, and by providing reasonable 

accommodations to qualified individuals with disabilities upon request and as appropriate. 

The FMC is committed to providing equal employment opportunities to individuals with 

disabilities and ensuring that applicants for employment and existing employees with 

disabilities are treated with the same respect and fairness that every employee expects and 

deserves in the workplace.”

To increase engagement and inclusion, FMC Leadership promoted, and actively participated in, 
FMC MD-715 PARTS A-G Page 6

special emphasis programs that occur throughout the year. In addition to encouraging employees to 

participate in the FMC special emphasis programs, leadership took an active role by introducing 

speakers and events and delivering remarks. The Commission regularly assesses and ensures EEO 

principles are part of its culture and has taken an integrated approach to identify opportunities to 

improve the recruitment/outreach, hiring, development and retention of women, minorities and 

individuals with disabilities. The FMC uses the Federal Employee Viewpoint Survey to monitor the 

perception of EEO principles within the workforce as part of the annual barrier analysis.

EEO policies and procedures are published on the FMC public website at EEO Rights and Statistics 

and on the FMC intranet.

Essential Element B: Integration of EEO into the Commission’s Strategic Mission

The FMC's EEO programs are structured to maintain a workplace that is free from discrimination and 

support the agency's strategic mission. EEO is integrated into the agency mission and included in 

the FMC’s Strategic Plan for Fiscal Years (FY) 2018 - 2022 and underscores the Commission’s 

commitment to attract and retain a highly effective and diverse workforce. In the FMC’s Strategic 

Plan for Fiscal Years 2022 - 2026, the Commission further underscored its commitment to foster a 

high performing, engaged, and diverse workforce where staff understand how their efforts contribute 

to the goals of the Commission. The Office of Equal Employment Opportunity supports the agency’s 

strategic mission by advising and assisting the agency in carrying out its responsibilities relative to 

the Civil Rights Act of 1964, as amended (Title VII), the Rehabilitation Act of 1973, the Equal Pay Act 

of 1973, the Age Discrimination in Employment Act of 1967, and the Genetic Information 

Nondiscrimination Act of 2008 (GINA), as well as executive orders, and regulatory guidelines 

implementing affirmative employment and the processing of EEO complaints. The strategic plan 

includes the following language:

Administrative Strategies in Support of Agency Objectives: “The FMC is committed to the principles 

of diversity and the implementation of policies and objectives to enhance the Commission’s 

workforce. The Commission’s Office of Equal Employment Opportunity (OEEO), along with senior 

leaders, effectively carries out this commitment.”

The reporting structure for the EEO program provides the principal EEO official with appropriate 

authority and access to resources to effectively carry out a successful EEO program. The EEO 

Director controls all aspects of the EEO program, is consulted on management and personnel 

actions, and involves managers in the implementation of its EEO program.

Essential Element C: Management and Program Accountability

The FMC OEEO advises managers/supervisors on EEO matters and effectively coordinates with the 

Office of Human Resources (OHR).

During FY 2022, the FMC posted EEO complaint processing data on its public website. Consistent 

with the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR 

Act), the FMC delivered No FEAR Act training to its new employees, and informed new employees 

of their rights and remedies under antidiscrimination laws and whistle- blower protection laws within 

90 days of their appointment.

The Commission evaluates managers and supervisors on their efforts to ensure equal employment 
FMC MD-715 PARTS A-G Page 7

opportunity. Rating officials evaluate the performance of supervisors and managers based on EEO 

elements. The FMC Performance Assessments (Form 27A/B) used by all employees, includes a 

critical element covering professional behavior and interpersonal skills (Element 4). To obtain a 

satisfactory rating (level 3), the employee must "display respect, courtesy and tact during interactions 

with people within as well as outside the FMC; collaborate as a team player; and demonstrate 

adherence to EEO and diversity principles.”

The FMC has established policies and procedures to prevent all forms of EEO discrimination. The 

agency ensured compliant reasonable accommodation procedures and processed requests for 

reasonable accommodations following the requirements of the Final Rule amending 29 CFR Part 

1614.203 titled Affirmative Action for Individuals with Disabilities in Federal Employment (applicable 

as of January 3, 2018) and the requirements of the Rehabilitation Act of 1973 and the ADA 

Amendments Act of 2008 (ADAAA).

As required by the Elijah E. Cummings Federal Employee Anti-Discrimination Act of 2020, as well as 

EEOC regulations and directives, the EEO Director is under the direct supervision of the Chairman 

of the Commission.

OEEO also leveraged the talents of three FMC employees who, in addition to performing their 

primary duties and responsibilities, volunteered to serve as EEO Counselors in a collateral duty 

capacity. In FY 2022, collateral duty EEO Counselors attended their mandatory eight-hour refresher 

course training delivered by experts from the EEOC, as well as other trainings to enhance their skills.

Essential Element D: Proactive Prevention of Unlawful Discrimination

The FMC takes early measures to prevent discrimination and to identify and eliminate barriers to 

equal employment opportunity. Internal policies are reviewed on an annual basis and continuously 

throughout the year to ensure fairness and clarity in all FMC operations.

The FMC reviews informal complaint activity as an indicator of FMC’s proactive measures. During 

FY 2022, the FMC processed one (1) counseling in the informal stage. This counseling was 

withdrawn, and no complaint was filed. The FMC's informal EEO complaint activity, measured as 

the number of informal counseling contacts as a percentage of the total workforce, was .82% in FY 

2022. This is significantly below the 2020 government-wide measure of informal complaint activity of 

1.73% and slightly below the FMC informal complaint activity reported for 2021 (1.8%). Source: 

Annual Report on the Federal Work Force Fiscal Year 2020 and FMC Annual 462 Report 2021.

The EEO Director works across two independent agencies and draws on support of each agency’s 

Office of the Chairman, Office of Human Resources, and other agency managers to proactively 

address emerging issues in the workplace.

To increase employee engagement and inclusion, the FMC created a Diversity Council, which 

includes employees from various offices, to inform barrier analysis reviews, spread diversity 

awareness, and provide feedback on the FMC’s diversity and inclusion programs. During FY 2022, 

the Diversity Council provided assistance in delivering the agency’s Special Emphasis program 

educational events and activities designed to improve cultural awareness, debunk stereotypes, and 

recognize the contributions and achievements of diverse groups represented in our workforce.

As part of its proactive prevention efforts, the FMC disseminates EEO policies covering harassment 
FMC MD-715 PARTS A-G Page 8

prevention, workplace violence, and personal assistance services to all personnel. The FMC also 

publishes information on the EEO complaint process, EEO policies, and the roles and responsibilities 

of OEEO on its internal and public websites. EEO posters are placed in high-traffic areas on FMC 

floors to provide employees and applicants for employment with notice of their EEO rights and to 

highlight the 45-day time limit for contacting an EEO Counselor or OEEO. New employees are 

required to take the No FEAR Act training course within 90 days of onboarding. Additionally, each

new employee takes an online course on Unconscious Bias and is briefed on the EEO program and 

their EEO related rights and responsibilities as an agency employee.

The FMC’s offices are accessible to persons with physical disabilities in compliance with the

Architectural Barriers Act (ABA) and an agency employee has been assigned to oversee compliance 

with the requirements of the ABA, as well as physical accessibility under the Americans with 

Disabilities Act/Rehabilitation Act.

Essential Element E: Efficiency

The Chairman continues to ensure that OEEO has sufficient staffing, funding, and authority to 

support the EEO process, as well as Diversity and Inclusion initiatives. The FMC continues to 

maintain an efficient, fair, and impartial complaint resolution process. In FY 2022, OEEO processed 

100% of complaint actions within the timeframes defined in EEOC regulations for processing EEO 

complaints. The FMC has established a fair alternative dispute resolution (ADR) program and applies 

this program to resolve issues at the earliest stage possible. In FY 2022, the FMC timely completed 

the processing of one investigation, timely issued one final agency decision, and submitted timely 

responses to one Complainant’s appeal.

The FMC's OEEO has an effective and accurate data collection process in place to evaluate its EEO 

program and to identify significant trends and best practices. One of these best practices is the use 

of high-quality contractor support for EEO investigations. The use of quality contractor support with 

extensive experience in EEO complaint processing is cost beneficial and ensures that quality work 

product is consistently delivered. Using internal due dates more aggressive than MD-110 

requirements ensures all case actions are timely processed.

Essential Element F: Responsiveness and Legal Compliance

The FMC has conducted an annual self-assessment against the essential elements prescribed by 

the EEOC’s MD-715. As part of this assessment, FMC analyzed its workforce profiles to identify any 

triggers that may require further inquiry as to the existence of barriers to equal employment 

opportunities for any employee group based on race/ethnicity, sex, or disability. Where the FMC 

found non-compliance with the MD-715 requirements, the FMC developed a plan for addressing the 

gaps with assistance from management.
FMC MD-715 PARTS A-G Page 9

PART E.3

WORKFORCE ANALYSIS

FMC Workforce

At the end of FY 2022, the FMC had 122 full-time employees, 115 of the staff were permanent and 7 

were temporary. Of the 115 full-time permanent employees, there were 56 (48.7%) males and 59 

(51.3%) females. FMC total workforce is comprised of 79 (68.70%) mission critical (direct mission 

staff).

Most Commission staff are analytical professionals with strong academic records, advanced 

degrees, and specialized skills in law and transportation industries. These mission critical staff, along 

with other management and support staff, support the accomplishment of the strategic goals set forth

in the Commission’s Strategic Plan. 

COLOR LEGEND

Civilian Labor Force (CLF)

At or above the CLF

Within 2% of the CLF

More than 2% below the CLF or 0% representation

The U.S. Office of Personnel Management (OPM) has established a workforce participation rate 

goal of 12% for persons with disabilities (PWD) and 2% for persons with targeted disabilities 

(PWTD). There are twelve targeted disabilities: developmental, traumatic brain injury, deaf or 

serious difficulty hearing, blind or serious difficulty seeing, missing extremities, significant mobility 

impairment, partial or complete paralysis, epilepsy or other seizure disorders, intellectual, significant

psychiatric disorder, dwarfism, and significant disfigurement. In addition, OPM’s guidance, issued 

pursuant to Executive Order 13548, requires federal agencies to establish Disability Employment 

Plans consistent with the federal government goal of hiring 100,000 additional individuals with 

disabilities, including those with targeted disabilities.

The following provides a summary of representation within the FMC’s permanent workforce 

compared to the OPM/EEOC’s goals for PWD/PWTD:

Race/Ethnicity

2014-2018

CLF % FY 2022 FY 2021 FY 2020 FY 2019 FY 2018

Hispanic or Latino Male 6.82% 0.87% 1.80% 0.9% 0.9% 1.8%

Hispanic or Latino Female 6.16% 2.61% 3.6% 2.6% 2.6% 4.5%

White Male 35.65% 33.91% 33.33% 36.8% 35.1% 35.1%

White Female 31.82% 22.61% 22.52% 21.1% 21.9% 21.6%
FMC MD-715 PARTS A-G Page 10

Black or African American 

Male 5.7% 10.43% 9.91% 9.7% 11.4% 9.9%

Black or African American 

Female 6.61% 20.00% 20.72% 19.3% 18.4% 20.7%

Asian Male 2.19% 3.48% 3.60% 2.6% 2.6% 2.7%

Asian Female 2.18% 5.22% 3.60% 3.5% 3.5% 2.7%

Native Hawaiian/Other Pacific 

Islander Male 0.08% 0.0% 0.0% 0.0% 0.0% 0.0%

Native Hawaiian/Other Pacific 

Islander Female 0.08% 0.0% 0.0% 0.0% 0.0% 0.0%

American Indian/Alaska 

Native Male 

0.31% 0.0% 0.0% 0.9% 0.9% 0.9%

American Indian/Alaska 

Native Female 0.31% 0.0% 0.0% 0.0% 0.0% 0.0%

Two or More Races Male 1.05% 0.0% 0.0% 0.9% 0.9% 0.9%

Two or More Races Female 1.05% 0.0% 0.0% 1.8% 1.8% 0.9%

EEO 

Group

OPM

Goal % FY 2022 FY 2021 FY 2020 FY 2019 FY 2018

No 

Disability

69.57% 76.58% 83.3% 86.8% 87.8%

Not 

Identified

18.26% 9.01% 5.3% 1.8% 1.7%

Disability 12% 12.17% 14.41% 11.4% 11.2% 10.4%

Targeted 

Disability

2% 3.48% 3.60% 3.5% 3.5% 4.4%

Applicant Flow for New Hires

Applicant flow data is provided to the Commission by the OPM. This data is available through the 

OPM’s USA Staffing tool only for FMC jobs that were posted on USAJOBS. The FMC uses USAJOBS 

for all hiring actions.

A few important notes about applicant flow data help to facilitate interpretation. First, applicants are not 

required to provide demographic information when applying for a position.

Second, the USA Staffing tool captures and provides information only through the point at which an 
FMC MD-715 PARTS A-G Page 11

applicant is selected. Various hiring process steps beyond a selection decision may impact success in 

onboarding a new hire (e.g., suitability assessment). Applicant data only shows applicant flow data of 

selected applicants. In contrast, it does not show present data on new hires on-boarded during the 

year. Differences are observed in the demographic statistics of those selected versus those hired.

Third, applicant flow data for the FMC combines applications submitted for permanent and temporary 

positions with the FMC. Thus, the data tables below reflect the pool of applications submitted for 

permanent and/or temporary employment.

During FY 2022, FMC issued 15 vacancy announcements for four of its major occupations: 

Transportation Industry Analyst, Program Management, Program & Management Analyst, Attorney, 

and Administrative Law Judge. The applicant flow data provided by the OPM was analyzed for these 

four major occupational series at the FMC. Below are the highlights of this analysis:
FMC MD-715 PARTS A-G Page 12

Transportation Industry Analyst (2110)

The FMC issued seven (7) vacancy announcements for series 2110 Transportation Industry Analyst 

positions. The FMC received 115 total applications for these positions. Of the 115 applicants, 47 

(40.87%) were listed as qualified and 6 (12.77%) selections were made from those deemed qualified. 

Below, see the demographics of the applicants who applied.

7 Vacancy Announcements (2110) Internal Competitive New Hires 

115 TOTAL APPLICATIONS 30 85

 47 TOTAL QUALIFIED 12 35

 24 TOTAL APPLICATIONS REFERRED 11 13

 6 TOTAL SELECTIONS 3 3

EO Group (2110) 

Qualified 

Applicants

(47 Applicants)

Referred 

Applicants

(24 Applicants)

Selected

(6 Applicants)

# % # % # %

Hispanic or Latino Male 1 2.12% 1 4.16% 0 0%

Hispanic or Latino Female 0 0% 0 0% 0 0%

White Male 11 23.4% 4 16.7% 1 16.7%

White Female 6 12.8% 4 16.7% 0 33.3%

Black or African American Male 4 8.51% 2 8.33% 0 0%

Black or African American Female 5 10.6% 2 8.33% 0 0%

Asian Male 3 6.38% 2 8.33% 0 0%

Asian Female 0 0% 0 0% 0 0%

Native Hawaiian or Other Pacific Islander Male 0 0% 0 0% 0 0%

Native Hawaiian or Other Pacific Islander Female 0 0% 0 0% 0 0%

American Indian or Alaska Native Male 1 .78% 1 1.06% 0 0%

American Indian or Alaska Native Female 0 0% 0 0% 0 0%

Two or more Races Male 0 0% 0 0% 0 0%

Two or More Races Female 0 0% 0 0% 0 0%

Disability 4 8.16% 3 12% 1 14.3%

Targeted Disability 2 4.08% 1 4% 1 14.3%

No Disability 15 30.6% 5 20% 1 14.3%

Not Identified 28 57.1% 16 64% 4 57.1%
FMC MD-715 PARTS A-G Page 13

Program Management (0340)

The FMC issued four (4) vacancy announcements for series 0340 Program Management positions. 

The FMC received 162 total applications for these positions. Of the 162 applicants, 128 (79.01%) 

were listed as qualified and 2 (1.56%) selections were made from those deemed qualified. Below, 

see the demographics of the applicants who applied.

4 Vacancy Announcements (0340) Internal Competitive New Hires

162 TOTAL APPLICATIONS 108 54

128 TOTAL QUALIFIED 85 43

 94 TOTAL APPLICATIONS 81 13

 2 TOTAL SELECTIONS 2 0

 EEO Group (0340) 

Qualified 

Applicants

(128 Applicants)

Referred 

Applicants

(94 Applicants)

Selected

(2 Applicants)

# % # % # %

Hispanic or Latino Male 9 7% 8 8.51 0 0%

Hispanic or Latino Female 1 .78% 1 1.06% 0 0%

White Male 29 23% 21 22.3% 1 50%

White Female 12 9.37% 7 7.45% 0 0%

Black or African American Male 13 10.2% 9 9.57% 0 0%

Black or African American Female 3 6.89% 19 20.2% 0 0%

Asian Male 3 2.34% 2 2.13% 0 0%

Asian Female 1 .78% 1 1.06% 0 0%

Native Hawaiian or Other Pacific Islander Male 0 0% 0 0% 0 0%

Native Hawaiian or Other Pacific Islander Female 0 0% 0 0% 0 0%

American Indian or Alaska Native Male 1 .78% 1 1.06% 0 0%

American Indian or Alaska Native Female 0 0% 0 0% 0 0%

Two or more Races Male 1 .78% 1 1.06% 1 50%

Two or More Races Female 0 0% 0 0% 0 0%

Disability 12 9.73% 9 9.57% 1 50%

Targeted Disability 5 3.9% 4 4.3% 0 0%

No Disability 11 8.59% 5 5.31% 0 0%

Not Identified 87 68% 80 85.1% 1 50%
FMC MD-715 PARTS A-G Page 14

Management & Program Analyst (0343)

The FMC issued five (5) vacancy announcements for series 0343 Management and Program 

Analyst positions. The FMC received 242 total applications for these positions. Of the 242 

applicants, 158 (65.29%) were listed as qualified and 3 (1.9%) selections were made from those 

deemed qualified. Below, see the demographics of the applicants who applied.

5 Vacancy Announcements (0343) Internal Competitive New Hires

242 TOTAL APPLICATIONS 167 75

158 TOTAL QUALIFIED 104 54

108 TOTAL APPLICATIONS REFERRED 94 14

 3 TOTAL SELECTIONS 3 0

 EEO Group (0343) 

Qualified Applicants

(158 Applicants)

Referred 

Applicants

(108 Applicants)

Selected

(3 Applicants)

# % # % # %

Hispanic or Latino Male 6 3.80% 6 5.55% 0 0%

Hispanic or Latino Female 6 30.80% 4 3.70% 0 0%

White Male 25 15.82% 16 14.81% 0 0%

White Female 12 7.60% 9 8.33% 1 33.33%

Black or African American Male 17 10.76% 16 14.81% 0 0%

Black or African American Female 25 15.82% 12 11.11% 0 0%

Asian Male 10 6.32% 5 4.63% 0 0%

Asian Female 3 1.90% 2 1.85% 0 0%

Native Hawaiian or Other Pacific Islander Male 0 0.00% 0 0.00% 0 0%

Native Hawaiian or Other Pacific Islander Female 0 0.00% 0 0.00% 0 0%

American Indian or Alaska Native Male 3 1.90% 2 1.85% 0 0%

American Indian or Alaska Native Female 0 0% 0 0.00% 0 0%

Two or more Races Male 4 2.53% 4 3.70% 0 0%

Two or More Races Female 1 0.63% 0 0.00% 0 0%

Disability 13 8.23% 12 11.11% 0 0%

Targeted Disability 7 4.43% 7 6.48% 0 0%

No Disability 26 16.45% 12 11.11% 0 0%

Not Identified 119 75.31% 24 22.22% 0 0%
FMC MD-715 PARTS A-G Page 15

General Attorney (0905)

The FMC issued four (4) vacancy announcements for series 0905 Attorney positions. The FMC 

received 172 total applications for these positions. Of the 172 applicants, 160 (93.02%) were listed 

as qualified and 5 (3.13%) selections were made from those deemed qualified. Below, see the 

demographics of the applicants who applied.

4 Vacancy Announcements (0905) Internal Competitive New Hires

172 TOTAL APPLICATIONS 0 172

160 TOTAL QUALIFIED 0 160

158 TOTAL APPLICATIONS REFERRED 0 158

 5 TOTAL SELECTIONS 0 5

 EEO Group (0905) Qualified Applicants

(160 Applicants)

Referred 

Applicants

(158 Applicants)

Selected

(5 Applicants)

# % # % # %

Hispanic or Latino Male 15 9.38% 15 9.49% 2 40%

Hispanic or Latino Female 3 1.8% 2 1.26% 1 20%

White Male 36 22.5% 36 22.8% 0 0%

White Female 23 14.4% 23 14.6% 0 0%

Black or African American Male 12 7.5% 12 7.6% 0 0%

Black or African American Female 12 7.5% 12 7.6% 0 0%

Asian Male 2 1.25% 2 1.26% 0 0%

Asian Female 6 3.75% 6 3.8% 1 20%

Native Hawaiian or Other Pacific Islander Male 0 0% 0 0% 0 0%

Native Hawaiian or Other Pacific Islander Female 0 0% 0 0% 0 0%

American Indian or Alaska Native Male 0 0% 0 0% 0 0%

American Indian or Alaska Native Female 0 0% 0 0% 0 0%

Two or more Races Male 1 .62% 1 .62% 0 0%

Two or More Races Female 0 0% 0 0% 0 0%

Disability 6 3.68% 6 3.72% 0 0%

Targeted Disability 3 1.84% 3 1.86% 0 0%

No Disability 39 24% 38 23.6% 2 40%

Not Identified 115 70.6% 114 70.9% 3 60%
FMC MD-715 PARTS A-G Page 16

Administrative Law Judge (0935)

The FMC issued four (4) vacancy announcements for series 0935 Administrative Law Judge 

positions. The FMC received 30 total applications for these positions. Of the 30 applicants, 13 

(43.33%) were listed as qualified and one (7.69%) selection was made from those deemed 

qualified. Below, see the demographics of the applicants who applied.

4 Vacancy Announcements (0935) Internal Competitive New Hires

30 TOTAL APPLICATIONS 0 30

13 TOTAL QUALIFIED 0 13

13 TOTAL APPLICATIONS REFERRED 0 13

 1 TOTAL SELECTIONS 0 1

 EEO Group (0935) 

Qualified 

Applicants

(13 Applicants)

Referred 

Applicants

(13 Applicants)

Selected

(1 Applicants)

# % # % # %

Hispanic or Latino Male 0 0% 0 0% 0 0%

Hispanic or Latino Female 0 0% 0 0% 0 0%

White Male 4 30.77% 4 30.77% 0 0%

White Female 1 7.69% 1 7.69% 1 7.69%

Black or African American Male 0 0% 0 0% 0 0%

Black or African American Female 1 7.69% 1 7.69% 0 0%

Asian Male 1 7.69% 1 7.69% 0 0%

Asian Female 0 0% 0 0% 0 0%

Native Hawaiian or Other Pacific Islander Male 0 0% 0 0% 0 0%

Native Hawaiian or Other Pacific Islander Female 0 0% 0 0% 0 0%

American Indian or Alaska Native Male 0 0% 0 0% 0 0%

American Indian or Alaska Native Female 0 0% 0 0% 0 0%

Two or more Races Male 0 0% 0 0% 0 0%

Two or More Races Female 0 0% 0 0% 0 0%

Disability 1 7.69% 1 7.69% 0 0%

Targeted Disability 1 7.69% 1 7.69% 0 0%

No Disability 0 0% 0 0% 0 0%

Not Identified 12 92.31% 12 93.31% 1 93.31%
FMC MD-715 PARTS A-G Page 17

Applicant Flow Data for Persons with Disabilities/Targeted Disability

The FMC received a total of 1690 applications for all advertised positions in FY 2022. Of those 

applications, 159 (9.41%) applicants self-identified as having a disability. Of the 34 selections, 4 

(11.76%) applicants selected self-identified as having a disability. This is slightly below the 12% goal;

however, one (2.94%) selected applicant also had a targeted disability, yielding a representation rate 

for targeted disabilities that exceeds the 2% goal established by OPM and the agency. Although the 

representation rate of selected disabled applicants is only slightly below our goal, the FMC will

continue reviewing recruiting sources and continue to encourage hiring managers’ use of Schedule 

A hiring authority. The Schedule A hiring authority and the FMC’s reasonable 

accommodation/personal assistance services policy were detailed in each vacancy announcement. 

Below is a breakdown of applicant data for PWD/ PWTD. 

EEO Group

Number/ 

Percentage: 

Total

(1690 Applicants) 

Number/ 

Percentage:

Qualified 

(1005 Applicants) 

Number/ 

Percentage:

Referred 

(789 Applicants)

Number/ 

Percentage:

Selected 

(34 Applicants)

No Disability 248 144 92 7 

Not Identified 1283 780 627 23 

Disability 159 81 70 4 

Targeted 

Disability 76 34 30 1 

New Hires

In FY 2022, the FMC hired 23 new permanent employees, 11 (47.83%) males and 12 (52.17%) 

females. Triggers were identified in the new employee hiring data across twelve (12) groups. Three 

groups are represented in the new hire data at a rate more than 2% below the CLF: Hispanic or 

Latino Males and Females, and Asian Males. The FY 2023 barrier analysis will explore whether 

there is a barrier for these groups with regard to access to hiring opportunities at the FMC. This 

analysis will include a review of the recruitment process to determine if current sources yield diverse 

applicants, and if not, explore the reasons and explore additional sources focused on advocacy for 

the identified groups. 

The following table reflects demographic information for the FY 2022 new (permanent) hires. Groups 

highlighted in reflect a participation rate below the CLF or 0%: 
FMC MD-715 PARTS A-G Page 18

PERMANENT 

NEW HIRES

TotaLTotal MaleTotal Female

Hispanic or Latino MaleHispanic or Latino FemaleWhite MaleWhite Female

Black or African American MaleBlack or African American FemaleAsian MaleAsian Female

Native Hawaiian or Other Pacific Islander MaleNative Hawaiian or Other Pacific Islander FemaleAmerican Indian or Alaska Native MaleAmerican Indian or Alaska Native FemaleTwo or More Races Male

Two or More Races Female

Permanent

Workforce: 

New Hires #

23 11 12 0 0 10 6 1 4 0 2 0 0 0 0 0 0 

Permanent

Workforce: 

New Hires %

100 47.83 52.17 0.00 0.00 43.48 26.09 4.35 17.39 0.00 8.70 0.00 0.00 0.00 0.00 0.00 0.00

2014-2018

CLF

100 51.79 48.21 6.82 6.16 35.65 31.82 5.7 6.61 2.19 2.18 0.08 0.08 0.31 0.31 1.05 1.05

The FMC’s Affirmative Employment Plan for Persons with Disabilities established the hiring goal of 

increasing the overall total workforce of individuals with disabilities/targeted disabilities by 1% each

year for the next 5 years. In FY 2022, 1 (4.55%) new hire self-identified as having a disability. This 

is below the FMC 12% goal for hiring PWD. However, similar to the applicant flow data 1 new hire 

(4.55%) self-identified as having a targeted disability which exceeds the FMC 2% goal for hiring 

PWTD.

Participation Rates for FMC Major/Mission Critical Occupations

Major or Mission Critical occupations (MCOs) at the FMC include those occupations that have direct 

responsibilities. This assessment does not include positions that provide primarily administrative support 

or clerical support for mission objectives. MCOs at the FMC include:

Attorneys (0905 Series) across the FMC’s divisions and offices provide advice and 

recommendations to the Commission on legal and policy matters related to the Commission’s 

responsibilities; provide advice to the Chairman and Commissioners on legal matters concerning 

adjudicatory and investigative proceedings; and prepare final decisions, orders and regulations for 

Commission approval and issuance. In addition, attorneys also serve as the prosecutorial arm of the 

Commission and trial counsel in formal Commission proceedings. 

Administrative Law Judges (0935 Series) independently preside over administrative hearings and 

resolve cases involving alleged violations of the Shipping Act initiated by private parties or by the 

Commission.

PERMANENT 

NEW HIRES

PWD/PWTD Total

No 

Disability 

[05]

Not 

Identified 

[01]

Disability 

[02-03,

06-99]

Targeted 

Disability

Permanent 

Workforce: 

New Hires #

22 11 10 1 1 

Permanent 

Workforce: 

New Hires %

100 50.00 45.45 4.55 4.55
FMC MD-715 PARTS A-G Page 19

Economists (0110 Series) and Transportation Specialists (2101 Series) review agreements and

monitor the concerted activities of ocean common carriers and marine terminal operators under the 

standards of the Shipping Act of 1984. Economists also analyze the economic effect of various 

Commission and industry actions and events, evaluate policy issues, and advise the Commission

accordingly.

Program Management (0340 Series), Program Analysts (0343 Series), and Area 

Representatives (0301 Series) are responsible for the Passenger Vessel Certification and Ocean 

Transportation Intermediary programs and represent the Commission with the shipping public. The 

area representatives and program analysts collect and analyze information of regulatory significance, 

provide monitoring and investigative functions, and assess industry conditions.

The charts below reflect the participation rate for mission critical occupations (MCOs): attorneys, 

economists, transportation specialists, and program management.

In addition, the charts below show representation within mission critical occupations for FY 2022 

(with progression from FY 2021):
FMC MD-715 PARTS A-G Page 20

0905 Attorney

EEO Group 2014-2018 

OCLF %

FY 2021 

FMC %

FY 2022 

FMC %

Hispanic or Latino Male 3.1% 0.0% 0.0%

Hispanic or Latino Female 2.5% 4.5% 0.0%

White Male 54.7% 36.36% 31.82% 

White Female 28.5% 36.36% 40.91% 

Black or African American Male 2.2% 0.0% 0.0%

Black or African American Female 3.0% 4.55% 4.55% 

Asian Male 1.9% 9.09% 9.09% 

Asian Female 2.1% 4.55% 9.09% 

Native Hawaiian/Other Pacific Islander Male 0.0% 0.0% 0.0%

Native Hawaiian/Other Pacific Islander Female 0.0% 0.0% 0.0%

American Indian/Alaska Native Male 0.1% 0.0% 0.0%

American Indian/Alaska Native Female 0.1% 0.0% 0.0%

Two or More Races Male 0.9% 0.0% 0.0%

Two or More Races Female 0.8% 0.0% 0.0%

No Disability 77.27% 77.27% 

Not Identified 18.18% 22.73% 

Disability 12.0% 4.55% 0.0%

Targeted Disability 2.0% 0.0% 0.0%

Within the 0905 series, overall Hispanic males and females (0%), White males (31.82%), and Black males 

(0%) males participate at more than 2 points below the Occupational CLF. Additionally, no individuals with 

disabilities/targeted disabilities were self-identified in the Attorney 0905 series.
FMC MD-715 PARTS A-G Page 21

Within the 0110 series, overall Hispanic males (0%), White females (11.11%), Black males (0%), and Asian 

males participate at a rate more than 2 points below the Occupational CLF. Additionally, no individuals with 

disabilities/targeted disabilities were self-identified in the Economist 0110 series.

0110 Economist

EEO Group

2014-2018 

OCLF %

FY 2021 

FMC %

FY 2022 

FMC %

Hispanic or Latino Male 5.3% 10.0% 0.0%

Hispanic or Latino Female 2.0% 0.0% 0.0%

White Male 52.3% 70.0% 77.78% 

White Female 24.1% 10.0% 11.11% 

Black or African American Male 3.9% 0.0% 0.0%

Black or African American Female 1.7% 0.0% 0.0%

Asian Male 5.1% 0.0% 0.0%

Asian Female 3.0% 10.0% 11.11% 

Native Hawaiian/Other Pacific Islander Male 0.0% 0.0% 0.0% 

Native Hawaiian/Other Pacific Islander Female 0.1% 0.0% 0.0% 

American Indian/Alaska Native Male 0.1% 0.0% 0.0%

American Indian/Alaska Native Female 0.3% 0.0% 0.0%

Two or More Races Male 1.2% 0.0% 0.0%

Two or More Races Female 0.9% 0.0% 0.0%

No Disability 90.0% 66.67% 

Not Identified 20.0% 33.33% 

Disability 12.0% 0.0% 0.0%

Targeted Disability 2.0% 0.0% 0.0%
FMC MD-715 PARTS A-G Page 22

0301 Area Representatives

EEO Group

2014-2018 

OCLF %

FY 2021 

FMC %

FY 2022 

FMC %

Hispanic or Latino Male 4.4% 3.03% 3.03% 

Hispanic or Latino Female 5.5% 6.06% 6.06% 

White Male 32.5% 33.33% 30.30% 

White Female 36.4% 18.18% 18.18% 

Black or African American Male 4.0% 9.09% 9.09% 

Black or African American Female 7.2% 18.18% 21.21% 

Asian Male 3.5% 6.06% 6.06% 

Asian Female 3.5% 6.06% 0.0%

Native Hawaiian/Other Pacific Islander Male 0.1% 0.0% 0.0%

Native Hawaiian/Other Pacific Islander Female 0.1% 0.0% 0.0%

American Indian/Alaska Native Male 0.2% 0.0% 0.0%

American Indian/Alaska Native Female 0.3% 0.0% 0.0%

Two or More Races Male 0.9% 0.0% 0.0%

Two or More Races Female 1.3% 0.0% 0.0%

No Disability 69.70% 69.70% 

Not Identified 6.06% 9.09% 

Disability 12.0% 24.24% 21.21% 

Targeted Disability 2.0% 12.12% 9.09% 

Within the 0301 series, overall White males (30.30%), White females (18.18%), and Asian females (0%)

participate at a rate more than 2 points below the Occupational CLF. Seven individuals with disabilities

(three targeted disabilities) were self-identified in the 0301 series.
FMC MD-715 PARTS A-G Page 23

2101 Transportation Specialist

EEO Group 2014-2018 

OCLF %

FY 2021 

FMC %

FY 2022 

FMC %

Hispanic or Latino Male 4.4% 0.0% 0.0%

Hispanic or Latino Female 5.5% 0.0% 50.0% 

White Male 32.5% 33.33% 0.00% 

White Female 36.4% 33.33% 50.0% 

Black or African American Male 4.0% 33.33% 0.0% 

Black or African American Female 7.2% 0.0% 0.0% 

Asian Male 3.5% 0.0% 0.0% 

Asian Female 3.5% 0.0% 0.0% 

Native Hawaiian/Other Pacific Islander Male 0.1% 0.0% 0.0% 

Native Hawaiian/Other Pacific Islander Female 0.1% 0.0% 0.0% 

American Indian/Alaska Native Male 0.2% 0.0% 0.0% 

American Indian/Alaska Native Female 0.3% 0.0% 0.0% 

Two or More Races Male 0.9% 0.0% 0.0% 

Two or More Races Female 1.3% 0.0% 0.0% 

No Disability 100.0% 100.0% 

Not Identified 0.0% 0.0% 

Disability 12.0% 0.0% 0.0% 

Targeted Disability 2.0% 0.0% 0.0% 

Within the 2101 series, overall Hispanic males (0%), White males (0%), Black males and females (0%), 

and Asian males and females (0%) participate at a rate more than 2 points below the Occupational CLF. 

Additionally, no individuals with disabilities/targeted disabilities were self-identified in the Transportation

Specialist 2101 series.
FMC MD-715 PARTS A-G Page 24

0340 Program Management

EEO Group

2014- 

2018 

OCLF %

FY 2021 

FMC %

FY 2022 

FMC %

Hispanic or Latino Male 5.6% 0.0% 0.0% 

Hispanic or Latino Female 3.1% 20.0% 20.0% 

White Male 51.4% 40.0% 60.0% 

White Female 25.6% 20.0% 0.0% 

Black or African American Male 3.8% 0.0% 0.0% 

Black or African American Female 3.4% 20.0% 20.0% 

Asian Male 2.8% 0.0% 0.0% 

Asian Female 1.9% 0.0% 0.0% 

Native Hawaiian/Other Pacific Islander Male 0.0% 0.0% 0.0% 

Native Hawaiian/Other Pacific Islander Female 0.1% 0.0% 0.0% 

American Indian/Alaska Native Male 0.3% 0.0% 0.0% 

American Indian/Alaska Native Female 0.2% 0.0% 0.0% 

Two or More Races Male 1.0% 0.0% 0.0% 

Two or More Races Female 0.8% 0.0% 0.0% 

No Disability 80.0% 40.0% 

Not Identified 20.0% 60.0% 

Disability 12.0% 0.0% 0.0% 

Targeted Disability 2.0% 0.0% 0.0%x 

Within the 0340 series, overall Hispanic males (0%), White females (0.0%), Black males (0%), and Asian 

males (0.0%) participate at a rate more than 2 points below the Occupational CLF. Additionally, no 

individuals with disabilities/targeted disabilities were self-identified in the Program Management 0340

series.
FMC MD-715 PARTS A-G Page 25

Career Ladder Promotions

A review of the FMC’s non-competitive promotions reflects that of the 115 permanent employees, eleven

employees (9.57%) were eligible for career ladder promotion. 10 employees (90.91%) of the eligible 

employees were promoted. Of those 10 employees: 8 males (80%) and 2 females (20%) – received a career 

ladder promotion. As compared against the 11 eligible for promotion, the demographics for those promotions 

are:

Career Ladder Promotions

EEO Group Eligible (11) Promoted (10)

# % # %

Hispanic or Latino Male 0 0.00% 0 0.00%

Hispanic or Latino Female 0 0.00% 0 0.00%

White Male 6 54.55% 5 50.00%

White Female 1 9.09% 1 10.00%

Black or African American Male 2 18.18% 2 20.00%

Black or African American Female 1 9.09% 1 10.00%

Asian Male 0 0.00% 0 0.00%

Asian Female 0 0.00% 0 0.00%

American Indian/Alaska Native Male 0 0.00% 0 0.00%

American Indian/Alaska Native Female 0 0.00% 0 0.00%

Two or More Races Male 1 9.09% 1 10.00%

Two or More Races Female 0 0.00% 0 0.00%

No Disability 9 81.81% 8 80.00%

Not Identified 0 0.00% 0 0.00%

Disability 2 18.18% 2 20.00%

Targeted Disability 0 0.00% 0 0.00%
FMC MD-715 PARTS A-G Page 26

Separations

The FMC monitors separation rates to gain insights into management efficiency, training effectiveness and 

employee satisfaction. In FY 2022, the FMC had a separation rate of 16.52% (19) of its permanent workforce. 

This is an increase of 6.87% from FY 2021. Of the nineteen (19) separations from the permanent workforce, 

all were voluntary. There were no removals in FY 2022. Four males (one Hispanic, three White) and one 

female (Hispanic) separated via resignation. Five males (White) and five females (three White, two Black) 

retired. Two males (White) and three females (one White, two Black) separated for other reasons. Of the 

twenty total (permanent and temporary) separations, there were two separations (one resignation and one 

“other” reason). The “other” separation was an individual with a targeted disability.
FMC MD-715 PARTS A-G Page 27

PART E.4

ACCOMPLISHMENTS

Action Plans Implemented

In FY 2022, the FMC achieved several accomplishments in the areas of EEO, Diversity and Inclusion, 

and Leadership Development, including, but not limited to, the accomplishments listed below.

Leadership Commitment to EEO

All managers and supervisors have an element in their performance appraisal that evaluates their 

commitment to agency EEO policies and principles and their participation in the EEO program. Per 

the FMC’s Commission Order 115 (CO-115), Performance Management System Non-SES, the 

following performance standard language is provided:

“Respectful working relationships are maintained with co-workers, supervisors, and other contacts. 

Supports agency equal employment opportunity (EEO) and Diversity, Equity, Inclusion, and 

Accessibility (DEIA) policies. Ensures EEO and DEIA principles are adhered to throughout the

organization.”

Additionally, the FMC’s Commission Order 120, Senior Executive Service Performance 

Management System requires all SES at the FMC to be rated on the following performance Element:

Critical Element 2: Leading People. Designs and implements strategies that maximize employee

potential, connects the organization horizontally and vertically, and fosters high ethical standards 

in meeting the organization’s vision, mission, and goals. Provides an inclusive workplace that 

fosters the development of others to their full potential; allows for full participation by all 

employees; facilitates collaboration, cooperation, and teamwork, and supports constructive 

resolution of conflicts. Ensures employee performance plans are aligned with the organization’s

mission and goals, that employees receive constructive feedback, and that employees are 

realistically appraised against clearly defined and communicated performance standards. Holds 

employees accountable for appropriate levels of performance and conduct. Seeks and 

considers employee input. Recruits, retains, and develops the talent needed to achieve a high 

quality, diverse workforce that reflects the nation, with the skills needed to accomplish

organizational performance objectives while supporting workforce diversity, workplace inclusion, 

and equal employment policies and programs.
FMC MD-715 PARTS A-G Page 28

Periodic Training for Supervisors and Hiring Officials Related to the Hiring, Promotion, and

Reasonable Accommodation of Individuals with Disabilities

The FMC provided training to all managers on Schedule A hiring authority and Reasonable 

Accommodation (RA) to ensure their awareness of their role in hiring and retaining employees with 

temporary or permanent disabilities.

The FMC will continue to provide training to supervisors and hiring officials to ensure that they are

aware of their responsibilities regarding hiring and supervising employees with disabilities. The 

training will cover restrictions on questions related to medical information, Schedule A hiring 

authorities, the FMC’s disability accommodation procedures/personal assistance services, overlap 

between the Family Medical Leave Act and the Rehabilitation Act of 1973, and confidentiality 

requirements.

The Office of Human Resources encouraged managers to take affirmative steps to recruit, hire, 

train, and promote employees from diverse backgrounds.

Accommodating Individuals with Disabilities

During FY 2022, the FMC instituted a review of EEO policies including the Reasonable 

Accommodation and Personal Assistance Services policy. This policy was updated in FY 2022.

The FMC posts reasonable accommodation procedures on its intranet and internet sites. All 

employees are made aware of the procedures and their rights concerning reasonable 

accommodation requests. The FMC processes all accommodation requests within the time frame 

set forth in its reasonable accommodation procedures.

Outreach, Recruitment and Retention of Diverse Talent

In FY 2022, the FMC continued several affirmative steps to seek diversity in the workforce by:

• Engaging FMC staff from bureaus and offices across the Commission in workforce special 

observance efforts. 

• Partnering with professional associations, educational organizations, and institutions to inform 

diverse professionals and students about FMC career and internship opportunities. 

• Offering trainings/events to enhance workforce diversity and inclusion at the FMC. 

• Offering college tuition reimbursement to all staff. 

• Continuing to offer Exit Interviews to seek information on why an employee is leaving the 

Commission.
FMC MD-715 PARTS A-G Page 29

Employee Engagement

All employees are encouraged to participate in special observance events at the FMC. Office 

Managers serve as leadership sponsors for each event. In addition to promoting employee 

engagement, this encourages management participation in these observances, as well as sends a 

message of leadership commitment to equity and inclusion.

The FMC’s special emphasis programs have been well received and have promoted engagement in 

the virtual environment.

In order to gain additional data on agency engagement, inclusion and retention efforts, the OEEO 

implemented exit interviews. During FY 2023, these interviews will continue in the Office of Human 

Resources. These interviews target feedback to support general workplace improvements, including 

intra-agency communications and workplace benefits. The interviews also invite comment on EEO 

concerns raised by exiting employees.

Through investment in employee development, the FMC has risen to new challenges brought on by

the pandemic and other disruptions to the workplace, as well as to the shipping industry. To support 

our workforce during this challenging time, the FMC instituted several workplace initiatives, including 

telework and maximum scheduling flexibilities. These flexibilities have had a positive impact on the 

workforce on whole and have also resulted in increased inclusion for our disabled employees and 

employees with caregiving responsibilities.

Summary of FMC’s 2022 FEVS Results

Based on FMC 2022 FEVS results, the Commission continues to serve as a model federal agency. 

FMC continued to have no items identified as “Challenges” (items rated 35% or more negative are 

considered a challenge). We also saw our biggest jump in the question, “My supervisor is committed 

to a workforce representative of all segments of society”, which had a 90% positive response, up 

7% from last year. The top three responses in the 2022 survey include:

• “Employees in my work unit meet the needs of our customers” (97%).

• “It is important to me that my work contribute to the common good” (96%).

• “Employees in my work unit contribute positively to my agency’s performance” (95%).

In FY 2022, the overall Employee Engagement Index (measuring factors that lead to an engaged 

workforce) reflected the following:

• 76% in Employee Engagement (81% in 2021) - Conditions that lead to engaged employees. 

• 84% on Supervisors (86% in 2021) - The interpersonal relationship between worker and 

supervisor, including trust, respect, and support. 

• 76% on Intrinsic Work Experiences (82% in 2021) - Employees' feelings of motivation and 

competency relating to their role in the workplace. 

• 70% on Leaders Lead (74% in 2021) - Perceptions of leadership integrity and behaviors, such 

as communication and workforce motivation.

 
FMC MD-715 PARTS A-G Page 30

The Agency-Specific Questions introduced in FMC’s 2018 FEVS provided additional insight 

to help further define and refine the Commission’s employee engagement strategy. The FMC-specific 

questions in the 2022 survey continued to be identified as strengths (65% positive or higher):

• 85% feel FMC policies and practices are applied in a fair and equitable manner to all employees 

(80% in 2021).

• 67% believe the Commission is headed in the right direction in its efforts to create a more 

positive working environment (72% in 2021).

• 67% trust their leaders to assist them through counseling, training, and opportunities to advance 

their career in the FMC (66% in 2021).

The Commission’s deliberate and united efforts to constantly improve the working environment and 

employee engagement continues to have a positive impact on employees. FMC will continue to build 

on these successes and work even harder to further improve employee engagement and make the 

FMC the Best Place to Work in the Federal Government. It is leadership’s belief that hallmark 

areas, like the Commission’s Workforce Improvement Plan (WIP), will continue to be instrumental in 

helping us achieve our goals. Developed by the Senior Management team in 2013, the WIP 

is updated annually. Each renewed plan identifies and communicates the projects or initiatives the 

Commission is working on, has completed, or is considering undertaking in the future. These projects 

are designed to improve and support a positive and effective working environment as well as to involve 

and engage employees. The WIP’s annual update process incorporates input from the entire agency, 

the FEVS responses, as well as mark the addition, revision, and completion of specific projects and 

initiatives. 

 

Examples of initiatives selected and completed over the last 5 years include: 

• Developed a new Annual Diversity Training Program. 

• Developed and conduct in-house Retirement Readiness Workshops.

• Conducted Port Tours and Site Visits.

• Conducted Path to Leadership Seminars and Roundtables.

• Implemented a Leadership Development Program and SES Development Program. 

Training and Leadership Development

The FMC provided numerous opportunities for employees to acquire the skills and certifications 

needed to succeed in their positions and to progress in their careers. The FMC provided classroomstyle and e-Learning programs and offered an extensive array of learning opportunities in various 

areas (e.g., courses on business writing, leadership) as well as in leadership development to FMC 

senior leaders and non-supervisory staff.
FMC MD-715 PARTS A-G Page 31

Leadership Development Programs

The Federal Maritime Commission’s Leadership Development Program (LDP) provides Commission 

employees with opportunities designed to develop and enhance leadership skills. The mission and 

goal of the LDP is to address competency gaps; expand knowledge and skillsets; and cultivate 

understanding in line with organizational needs. 

The LDP primarily encompasses three separate training opportunities through the Graduate School 

USA’s Center for Leadership and Management in Washington, DC. The three different opportunities 

span across grade/experience levels and each program is targeted to meet the needs of employees 

at different career points: a New Leaders Program (NLP) for GS 7-11 employees; An Executive 

Leadership Program (ELP) for GS 11-13 employees1; and an Executive Potential Program (EPP) 

for GS 13-15 employees. Interested non-headquarters employees are encouraged to apply and to 

work with the Office of Human Resources (OHR) to locate appropriate local training.

Additionally, the FMC offered its first SES Development Program, selecting 3 individuals through a 

competitive selection process in FY22 to complete this Program. Selectees have the option of 

attending OPM’s “Leadership for a Democratic Society” course or the Partnership for Public 

Service’s courses “Excellence in Government Fellows” and “Gov 21 – The 21st Century Government 

Innovation Program”.

Awards

The FMC’s Commission Order 62 (CO-62), Performance and Incentive Awards, includes an awards 

category for an Equal Employment Opportunity Achievement. This award is to recognize outstanding 

contributions to federal or non-federal activities that promote equal employment opportunity. Some 

examples of achievements that may merit recognition are: participation in activities within or outside 

of the Commission that foster equal employment opportunity in the government that have achieved 

positive results; promoting and/or participating in skills development activities and on-the-job training 

to qualify minority group members and women for higher-level positions; providing upward mobility

for lower-grade and underutilized employees as evidence through promotion; creating new job 

opportunities for the underutilized, handicapped, or disadvantaged; providing outstanding leadership 

and participation in recruitment, placement, and training activities within or outside the Commission 

that effectively foster equal employment opportunity in Government; providing outstanding 

leadership in the development and implementation of an EEO action plan or activity that leads to 

innovation or changes and improvements in the Commission’s EEO Program; providing sound 

guidance or counseling and prompt, effective resolution of employee discrimination complaints; or 

outstanding contributions made to community or cultural activities that foster equal employment 

opportunity, such as economic opportunity programs and improvements of housing, transportation, 

education, and child care facilities.

The FMC’s Office of Human Resources (OHR) tracks awards received, to include Special Act Cash

Awards, On-the-Spot Cash Awards, Peer-to-Peer Recognition Awards, Service Awards, Length of 

Service Awards, time-off awards, and any additional awards annotated in our agency policy (CO64). This includes the employees name, award type, award amount (if applicable), reason for award, 

and date processed. Additionally, OHR collects information on performance awards, to include 

employee name and performance levels tied to performance award amounts.
FMC MD-715 PARTS A-G Page 32

PART E.5

PLANNED ACTIVITIES

FY 2023-24 Planned Activities

The following activities were identified in FY 2021 to ensure the FMC progresses towards a model 

EEO program. The following list summarizes FY 2022 progress and the planned activities for FY 

2023: 

After reviewing the FMC 2021 AAP, the EEOC noted that the FMC did not identify and investigate 

triggers involving people with disabilities for potential barriers to equal opportunity. In FY 22-2023, 

the agency has begun to establish a schedule (multi-year) for investigating the triggers, as well as 

a strategy, to inform applicants and employees of rights concerning accessibility of agency 

technology and facilities. This includes agency plans to develop and update policies and notices to 

inform employees and the public concerning rights, responsibilities, and processes under Section 

508 of the Rehabilitation Act of 1973.

As part of this multi-year plan, the FMC will also continue to encourage use of Schedule A. 

Managers and supervisors will continue to receive routine training trained on and encouragement

to use flexible hiring authorities, including Schedule A. Additionally, all levels of the organization 

will be informed on how to fully utilize hiring flexibilities from the applicant and hiring manager 

perspectives.

Further, in collaboration between the OEEO and the OHR, the FMC will continuously assess the 

data to determine where triggers exist and as needed, develop a plan to further target recruitment 

to increase the rate of PWD and PWTD in mission-critical occupations and Hispanics (male and 

female) in mission critical occupations and in senior grades. 

The FMC continues to lead initiatives to address diversity and inclusion efforts to impact recruitment, 

development, and retention through means of behavioral and social science research, 

benchmarking promising practices, and a commitment to recruit and retain a workforce reflective of 

the Nation’s diversity.

FMC plans the following activities for FY 2023:

• Utilizing FY 2022 data, target select triggers to establish a comprehensive plan for investigation.

• Conduct barrier analysis of selected triggers.

• Continue to encourage managers to take affirmative steps to recruit, hire, train, and promote 

employees from diverse backgrounds. 

• Continue and establish additional, partnerships with professional and educational partners, 

including disability rights organizations, educational institutions, and Hispanic serving institutions. 

 

• Establish additional recruitment sources to expand outreach to underserved groups and groups 

with low participation in FMC workforce and applicant data.
FMC MD-715 PARTS A-G Page 33

EEOC 

FORM 715-

02 

PART F

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL 

EEO PROGRAM STATUS REPORT

Federal Maritime Commission For period covering October 1, 2021 to September 30, 2022

MD-715 – Part F

CERTIFICATION of ESTABLISHMENT of CONTINUING EQUAL EMPLOYMENT OPPORTUNITY 

PROGRAMS

I, Camella M. Woodham, am the Principal EEO Director/Official for the Federal Maritime 

Commission

The Agency has conducted an annual self-assessment of Section 717 and Section 501 programs 

against the essential elements as prescribed by EEO MD-715. If an essential element was not fully 

compliant with the standards of EEO MD-715, a further evaluation was conducted and, as 

appropriate, EEO Plans for Attaining the Essential Elements of a Model EEO Program, are included 

with this Federal Agency Annual EEO Program Status Report.

The Agency has also analyzed its workforce profiles and conducted barrier analyses aimed at

detecting whether any management or personnel policy, procedure or practice is operating to 

disadvantage any group based on race, national origin, gender or disability. EEO Plans to Eliminate 

Identified Barriers, as appropriate, are included with this Federal Agency Annual EEO Program Status

Report.

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

review upon request.

Signature certifies that this Federal Agency Annual EEO Program Status 

Report is in compliance with EEO MD-715.

Date

Daniel B. Maffei, Chairman, Federal Maritime Commission Date
FMC MD-715 PARTS A-G Page 34

EEOC 

FORM 

715-02 

PART G

U.S. Equal Employment Opportunity Commission

FEDERAL AGENCY ANNUAL 

EEO PROGRAM STATUS REPORT

Federal Maritime Commission For period covering October 1, 2021 to September 30, 2022

AGENCY SELF ASSESSMENT CHECKLIST – Part G

Essential Element A: Demonstrated Commitment From Agency Leadership

Compliance 

Indicator

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

EEO policy statement.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

Measures

A.1.a Does the agency annually issue a signed and dated EEO 

policy statement on agency letterhead that clearly 

communicates the agency’s commitment to EEO for all 

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

annual issuance date in the comments column. [see MD715, II(A)]

Yes FY 2022 Statement 

was signed and 

posted May 11, 2022. 

FY 2023 Statement 

was signed and 

posted May 8, 2023.

A.1.b Does the EEO policy statement address all protected bases 

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

orientation and gender identity), genetic information, 

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

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

Yes

Compliance 

Indicator

A.2 – The agency has communicated EEO policies 

and procedures to all employees.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

Measures

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

and procedures to all employees:

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

A.2.a.2 Reasonable accommodation procedures? [see 29 

C.F.R § 1614.203(d)(3)]

Yes

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

information throughout the workplace and on its public 

website:

A.2.b.1 The business contact information for its EEO 

Counselors, EEO Officers, Special Emphasis Program 

Managers, and EEO Director? [see 29 C.F.R § 

1614.102(b)(7)]

Yes

A.2.b.2 Written materials concerning the EEO program, laws, policy

statements, and the operation of the EEO complaint 

process? [see 29 C.F.R § 1614.102(b)(5)]

Yes

A.2.b.3 Reasonable accommodation procedures? [see 29 C.F.R. § 

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

in the comments column.

Yes Reasonable

Accommodation & 

Personal

Assistance 

Services Policy and 

Procedures 

(fmc.gov)

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

topics:
FMC MD-715 PARTS A-G Page 35

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

and 1614.102(b)(5)] If “yes”, please provide how often.

Yes Annual

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

please provide how often.

Yes Annual

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

1614.203(d)(7)(ii)(C)] If “yes”, please provide how often.

Yes Annual

A.2.c.4 Anti-harassment program? [see EEOC Enforcement 

Guidance on Vicarious Employer Liability for Unlawful 

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

provide how often.

Yes Annual

A.2.c.5 Behaviors that are inappropriate in the workplace and could 

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

"yes",please provide how often.

Yes Annual

Compliance 

Indicator 

Measures

A.3 – The agency assesses and ensures EEO 

principles are part of its culture.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

A.3.a Does the agency provide recognition to employees, Yes The FMC’s 

Commission

supervisors, managers, and units demonstrating superior Order 62 (CO-62),

accomplishment in equal employment opportunity? [see 29 Performance and 

Incentive

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

in the comments section.

Awards, includes an

awards category for 

Equal

Employment 

Opportunity

Achievement.

This award recognizes outstanding contributions to federal or non-federal activities that promote 

EEO. Some examples of achievements that may merit recognition are: participation in activities 

within or outside of the Commission that foster EEO in the government that have achieved positive 

results; promoting and/or participating in skills development activities and on-the-job training to 

qualify minority group members and women for higher-level positions; providing upward mobility for 

lower-grade and underutilized employees as evidenced through promotion; creating new job 

opportunities for the underutilized, handicapped, or disadvantaged; providing outstanding 

leadership and participation in recruitment, placement, and training activities within or outside the 

FMC that effectively foster EEO in Government; providing outstanding leadership in the 

development and implementation of an EEO action plan or activity that leads to innovation or 

changes and improvements in the Commission’s EEO Program; providing sound guidance or 

counseling and prompt, effective resolution of employee discrimination complaints; or outstanding 

contributions made to community or cultural activities that foster EEO, such as economic 

opportunity programs and improvements of housing, transportation, education, and childcare

facilities.

A.3.b Does the agency utilize the Federal Employee 

Viewpoint Survey or other climate assessment tools to 

monitor the perception of EEO principles within the 

workforce? [see 5 CFR Part 250]

Yes
FMC MD-715 PARTS A-G Page 36

Essential Element B: INTEGRATION OF EEO INTO THE AGENCY’S STRATEGIC MISSION

This element requires that the agency’s EEO programs are structured to maintain a 

workplace that is free from discrimination and support the agency’s strategic mission.

Compliance 

Indicator

B.1 - The reporting structure for the EEO 

program provides the principal EEO official 

with appropriate authority and resources to 

effectively carry out a successful EEO 

program.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

Measures

B.1.a Is the agency head the immediate supervisor of the 

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

over the EEO office? [see 29 CFR §1614.102(b)(4)]

Yes

 B.1.a.1 If the EEO Director does not report to the agency head, 

does the EEO Director report to the same agency head 

designee as the mission-related programmatic offices? If 

“yes,” please provide the title of the agency head 

designee in the comments.

NA

 B.1.a.2 Does the agency’s organizational chart clearly 

define the reporting structure for the EEO office? 

[see 29 CFR §1614.102(b)(4)]

Yes

B.1.b Does the EEO Director have a regular and effective 

means of advising the agency head and other senior 

management officials of the effectiveness, efficiency and 

legal compliance of the agency’s EEO program? [see 29 

CFR §1614.102(c)(1); MD-715 Instructions, Sec. I]

Yes

B.1.c During this reporting period, did the EEO Director 

present to the head of the agency, and other senior 

management officials, the "State of the agency" briefing 

covering the six essential elements of the model EEO 

program and the status of the barrier analysis process? 

[see MD-715 Instructions, Sec. I)] If “yes”, please 

provide the date of the briefing in the comments column.

Yes The EEO Director conducts 

quarterly briefings for the 

Chairman, addressing the 

status of the EEO program. 

The following quarterly 

briefings were conducted for 

FY 2022:

11/17/21, 2/09/22, 5/16/22,

9/7/22

B.1.d Does the EEO Director regularly participate in seniorlevel staff meetings concerning personnel, budget, 

technology, and other workforce issues? [see MD-715, 

II(B)].

Yes OEEO is consulted and 

provides input to personnel, 

budget, technology, and other 

workforce issues. OEEO is also 

invited to brief senior staff 

periodically.

Additionally, upon discussion of this issue including consultation with the Chairman of the agency, the 

FMC has determined to proceed to have the EEO Director invited to attend the Supervisory Team 

meetings. The Senior Executive Service members also meet separately. This team does not have 

meetings purely focused on budget/staffing, but rather focused on execution of policy and 

programmatic matters. 

To ensure that the EEO Director will continue to be consulted and appropriate input into personnel, 

budget, information technology, and other workforce issues, the EEO Director will be invited to attend 

the meetings where budgeting and staffing are being planned. At the EEO Director’s discretion and 

considering the relevancy of topics slated for discussion and upon balancing competing priorities in the 

EEO program, decide whether attendance is appropriate.
FMC MD-715 PARTS A-G Page 37

Compliance 

Indicator

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

EEO program.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

Measures Is the EEO Director responsible for the 

implementation of a continuing affirmative 

employment program to promote EEO and to identify 

and eliminate discriminatory policies, procedures, and 

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

§1614.102(c)]

Yes

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

completion of EEO counseling [see 29 CFR

§1614.102(c)(4)]

Yes

B.2.c Is the EEO Director responsible for overseeing the 

fair and thorough investigation of EEO complaints? 

[see 29 CFR §1614.102(c)(5)] [This question may 

not be applicable for certain subordinate level 

components.]

Yes

B.2.d Is the EEO Director responsible for overseeing the 

timely issuance of final agency decisions? [see 29 

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

applicable for certain subordinate level 

components.]

Yes

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

compliance with EEOC orders? [see 29 CFR §§ 

1614.102(e); 1614.502]

Yes

B.2.f Is the EEO Director responsible for periodically 

evaluating the entire EEO program and providing 

recommendations for improvement to the agency 

head? [see 29 CFR

§1614.102(c)(2)]

Yes

B.2.g If the agency has subordinate level components, does 

the EEO Director provide effective guidance and 

coordination for the components? [see 29 CFR §§ 

1614.102(c)(2) and (c)(3)]

NA No subordinate level 

components

Compliance 

Indicator

B.3 - The EEO Director and other EEO professional 

staff are involved in, and consulted on, 

management/personnel actions.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

Measures

B.3.a Do EEO program officials participate in agency meetings 

regarding workforce changes that might impact EEO 

issues, including strategic planning, recruitment 

strategies, vacancy projections, succession planning, 

and selections for training/career development 

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

Yes

B.3.b Does the agency’s current strategic plan reference 

EEO/ diversity and inclusion principles? [see MD-715, 

II(B)] If “yes”, please identify the EEO principles in the 

strategic plan in the comments column.

Yes Per FMC FY 2018-22

Strategic Plan:
FMC MD-715 PARTS A-G Page 38

“The Commission’s ability to carry out its 

mission and serve its customers depends 

on having a well-trained, highly skilled, 

and flexible workforce. The FMC is 

committed to the principles of diversity 

and the implementation of policies and 

objectives to enhance the Commission’s 

workforce. The Commission’s Office of 

Equal Employment Opportunity, along 

with senior leaders, effectively carries out 

this commitment.”

Compliance 

Indicator

B.4 - The agency has sufficient budget and 

staffing to support the success of its EEO 

program. 

Measure 

Met? 

(Yes/No/ 

NA)

Comments

Measures

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

agency allocated sufficient funding and qualified 

staffing to successfully implement the EEO program, 

for the following areas:

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

possible program deficiencies? [see MD-715, 

II(D)]

Yes

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

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

Yes

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

complaints, including EEO counseling, investigations, 

final agency decisions, and legal sufficiency reviews? 

[see 29 CFR § 1614.102(c)(5) & 1614.105(b) – (f); 

MD-110, Ch. 1(IV)(D) & 5(IV); MD-715, II(E)]

Yes

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

on the EEO program, including but not limited to 

retaliation, harassment, religious accommodations, 

disability accommodations, the EEO complaint process, 

and ADR? [see MD-715, II(B) and III(C)] If not, please 

identify the type(s) of training with insufficient funding in 

the comments column.

Yes

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

of the EEO programs in components and the field 

offices, if

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

Yes

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

harassment policies, EEO posters, reasonable 

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

Yes

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

systems for the following types of data: complaint 

tracking, workforce demographics, and applicant flow 

data? [see MD-715, II(E)]. If not, please identify the 

systems with insufficient funding in the comments 

section.

Yes

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

(such as, Federal Women’s Program, Hispanic 

Employment Program, and People with Disabilities 

Program Manager)? [5 USC § 7201; 38 USC § 4214; 5 

CFR § 720.204; 5 CFR § 213.3102(t) and (u); 5 CFR § 

315.709]

Yes
FMC MD-715 PARTS A-G Page 39

 B.4.a.9 to effectively manage its anti-harassment program? 

[see MD- 715 Instructions, Sec. I); EEOC Enforcement 

Guidance on Vicarious Employer Liability for Unlawful 

Harassment by Supervisors (1999), § V.C.1]

Yes

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

program? [see 29 CFR § 1614.203(d)(4)(ii)]

Yes

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

orders? [see MD-715, II(E)]

Yes

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

other offices within the agency? [see 29 CFR § 

1614.102(a)(1)]

No As a small agency, the FMC 

does not have a separate 

budget for program offices, 

with the exception of the Office 

of the Inspector General. The 

FMC’s Office of Equal 

Employment Opportunity’s 

resources are included in the 

Commission’s singular budget 

operating program fund. 

Individual office expenditures 

are determined by the Director, 

OEEO, as necessary.

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

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

6(III)]

Yes

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

investigators, including contractors and collateral duty 

employees, receive the required 32 hours of training, 

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

Yes

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

counselors and investigators, including contractors and 

collateral duty employees, receive the required 8 hours 

of annual refresher training, pursuant to Ch. 2(II)(C) of 

MD-110?

Yes

Compliance 

Indicator

Measures

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

retains supervisors and managers who have 

effective managerial, communications, and 

interpersonal skills.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

B.5.a Pursuant to 29 CFR § 1614.102(a)(5), have all 

managers and supervisors received training on their 

responsibilities under the following areas under the 

agency EEO program:

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

 B.5.a.2 Reasonable Accommodation Procedures? [see 29 

C.F.R. § 1614.102(d)(3)]

Yes

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

 B.5.a.4 Supervisory, managerial, communication, and 

interpersonal skills in order to supervise most effectively 

in a workplace with diverse employees and avoid 

disputes arising from ineffective communications? [see 

MD-715, II(B)]

Yes

 B.5.a.5 ADR, with emphasis on the federal government’s 

interest in encouraging mutual resolution of disputes 

and the benefits associated with utilizing ADR? [see 

MD-715(II)(E)]

Yes
FMC MD-715 PARTS A-G Page 40

Compliance 

Indicator

Measures

B.6 – The agency involves managers 

in the implementation of its EEO 

program. 

Measure 

Met? 

(Yes/No/ 

NA)

Comments

B.6.a Are senior managers involved in the implementation of 

Special Emphasis Programs? [see MD-715 Instructions, 

Sec. I]

Yes

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

analysis process? [see MD-715 Instructions, 

Sec. I]

Yes

B.6.c When barriers are identified, do senior managers 

assist in developing agency EEO action plans (Part 

I, Part J, or the Executive Summary)? [see MD-715 

Instructions, Sec. I]

Yes

B.6.d Do senior managers successfully implement EEO 

Action Plans and incorporate the EEO Action Plan 

Objectives into agency strategic plans? [29 CFR § 

1614.102(a)(5)]

Yes

Essential Element C: MANAGEMENT AND PROGRAM ACCOUNTABILITY

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

responsible for the effective implementation of the agency’s EEO Program and Plan.

Compliance 

Indicator

Measures

C.1 – The agency conducts regular internal audits 

of its component and field offices.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

C.1.a Does the agency regularly assess its component and 

field offices for possible EEO program deficiencies? 

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

the schedule for conducting audits in the comments 

section.

Yes There are no subordinate 

level components. Field 

offices are included as part of 

the overall agency annual 

EEO Program

Status Report.

C.1.b Does the agency regularly assess its component and 

field offices on their efforts to remove barriers from the 

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

please provide the schedule for conducting audits in the 

comments section.

Yes There are no subordinate 

level components. Field 

offices are included as part of 

the overall agency annual 

EEO Program

Status Report.

C.1.c Do the component and field offices make reasonable 

efforts to comply with the recommendations of the field 

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

Yes There are no subordinate 

level components. Field 

offices comply with 

recommendations.
FMC MD-715 PARTS A-G Page 41

Compliance 

Indicator

Measures

C.2 – The agency has established procedures to 

prevent all forms of EEO discrimination.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

C.2.a Has the agency established comprehensive antiharassment policy and procedures that comply with 

EEOC’s enforcement guidance? [see MD-715, II(C); 

Enforcement Guidance on Vicarious Employer Liability 

for Unlawful Harassment by Supervisors (Enforcement 

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

1999)]

Yes

 C.2.a.1 Does the anti-harassment policy require corrective 

action to prevent or eliminate conduct before it rises to 

the level of unlawful harassment? [see EEOC 

Enforcement Guidance on Vicarious Employer Liability 

for Unlawful Harassment by Supervisors (1999), § 

V.C.1]

Yes

 C.2.a.2 Has the agency established a firewall between the 

Anti- Harassment Coordinator and the EEO Director? 

[see EEOC Report, Model EEO Program Must Have 

an Effective Anti-Harassment Program (2006]

Yes

 C.2.a.3 Does the agency have a separate procedure (outside the 

EEO complaint process) to address harassment 

allegations? [see Enforcement Guidance on Vicarious 

Employer Liability for Unlawful Harassment by 

Supervisors (Enforcement Guidance), EEOC No. 

915.002, § V.C.1 (June 18, 1999)]

Yes

 C.2.a.4 Does the agency ensure that the EEO office informs the 

anti- harassment program of all EEO counseling activity 

alleging harassment? [see Enforcement Guidance, 

V.C.]

Yes

 C.2.a.5 Does the agency conduct a prompt inquiry (beginning 

within 10 days of notification) of all harassment 

allegations, including those initially raised in the EEO 

complaint process? [see Complainant v. Dep’t of 

Veterans Affairs, EEOC Appeal No. 0120123232 (May 

21, 2015); Complainant v. Dep’t of Defense (Defense 

Commissary Agency), EEOC Appeal No. 0120130331 

(May 29, 2015)] If “no”, please provide the percentage of 

timely-processed inquiries in the comments column.

Yes

 C.2.a.6 Do the agency’s training materials on its anti-harassment

policy include examples of disability-based harassment? 

[see 29 CFR 1614.203(d)(2)]

Yes

 C.2.b Has the agency established disability 

reasonable accommodation procedures that 

comply with EEOC’s regulations and guidance? 

[see 29 CFR 1614.203(d)(3)]

Yes

 C.2.b.1 Is there a designated agency official or other 

mechanism in place to coordinate or assist with 

processing requests for disability accommodations 

throughout the agency? [see 29 CFR 

1614.203(d)(3)(D)]

Yes

 C.2.b.2 Has the agency established a firewall between the 

Reasonable Accommodation Program Manager and the 

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

Yes

 C.2.b.3 Does the agency ensure that job applicants can request 

and receive reasonable accommodations during the 

application and placement processes? [see 29 CFR 

Yes
FMC MD-715 PARTS A-G Page 42

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

 C.2.b.4 Do the reasonable accommodation procedures clearly 

state that the agency should process the request within a 

maximum amount of time (e.g., 20 business days), as 

established by the agency in its affirmative action plan? 

[see 29 CFR 1614.203(d)(3)(i)(M)]

Yes

 C.2.b.5 Does the agency process all accommodation requests 

within the time frame set forth in its reasonable 

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

please provide the percentage of timely-processed 

requests in the comments column.

Yes

C.2.c Has the agency established procedures for processing 

requests for personal assistance services that comply 

with EEOC’s regulations, enforcement guidance, and 

other applicable executive orders, guidance, and 

standards? [see 29 CFR 1614.203(d)(6)]

Yes

 C.2.c.1 Does the agency post its procedures for processing 

requests for Personal Assistance Services on its public 

website? [see 29 CFR § 1614.203(d)(5)(v)] If “yes”, 

please provide the internet address in the comments 

column.

Yes Reasonable Accommodation 

& Personal Assistance 

Services Policy

and Procedures (fmc.gov)

Compliance 

Indicator

Measures

C.3 - The agency evaluates managers and 

supervisors on their efforts to ensure equal 

employment opportunity.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

C.3.a Pursuant to 29 CFR §1614.102(a)(5), do all managers 

and supervisors have an element in their performance 

appraisal that evaluates their commitment to agency 

EEO policies and principles and their participation in 

the EEO program?

Yes

C.3.b Does the agency require rating officials to evaluate the

performance of managers and supervisors based 

on the following activities:

 C.3.b.1 Resolve EEO problems/disagreements/conflicts, including 

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

3.I]

Yes

 C.3.b.2 Ensure full cooperation of employees under his/her

supervision with EEO officials, such as 

counselors and investigators? [see 29 CFR 

§1614.102(b)(6)]

Yes

 C.3.b.3 Ensure a workplace that is free from all forms of 

discrimination, including harassment and retaliation? [see

MD-715, II(C)]

Yes

 C.3.b.4 Ensure that subordinate supervisors have effective 

managerial, communication, and interpersonal skills 

to supervise in a workplace with diverse 

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

Yes

 C.3.b.5 Provide religious accommodations when such

accommodations do not cause an undue hardship? 

[see 29 CFR §1614.102(a)(7)]

Yes

 C.3.b.6 Provide disability accommodations when such 

accommodations do not cause an undue hardship? [ 

see 29 CFR §1614.102(a)(8)]

Yes

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

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

Yes
FMC MD-715 PARTS A-G Page 43

 C.3.b.8 Support the anti-harassment program in investigating 

and correcting harassing conduct. [see Enforcement 

Guidance, V.C.2]

Yes

 C.3.b.9 Comply with settlement agreements and orders issued 

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

Merit Systems Protection Board, labor arbitrators, and 

the Federal Labor Relations Authority? [see MD-715, 

II(C)]

Yes

C.3.c Does the EEO Director recommend to the agency head 

improvements or corrections, including remedial or 

disciplinary actions, for managers and supervisors who 

have failed in their EEO responsibilities? [see 29 CFR 

§1614.102(c)(2)]

Yes

C.3.d When the EEO Director recommends remedial or 

disciplinary actions, are the recommendations regularly 

implemented by the agency? [see 29 CFR 

§1614.102(c)(2)]

Yes

Compliance 

Indicator

Measures

C.4 – The agency ensures effective coordination 

between its EEO programs and Human Resources 

(HR) program.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

C.4.a

Do the HR Director and the EEO Director meet regularly 

to assess whether personnel programs, policies, and 

procedures conform to EEOC laws, instructions, and 

management directives? [see 29 CFR §1614.102(a)(2)]

Yes

C.4.b Has the agency established timetables/schedules to 

review at regular intervals its merit promotion program, 

employee recognition awards program, employee 

development/training programs, and 

management/personnel policies, procedures, and 

practices for systemic barriers that may be impeding full 

participation in the program by all EEO groups? [see 

MD-715 Instructions, Sec. I]

Yes

C.4.c Does the EEO office have timely access to accurate 

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

workforce, applicants, training programs, etc.)

required to prepare the MD-715 workforce data 

tables? [see 29 CFR §1614.601(a)]

Yes

C.4.d Does the HR office timely provide the EEO office with 

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

assessment surveys, and grievance data), upon 

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

Yes

C.4.e Pursuant to Section II(C) of MD-715, does the EEO office

collaborate with the HR office to:

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

with Disabilities? [see 29 CFR §1614.203(d); MD715, II(C)]

Yes

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

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

Yes

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

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

Yes

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

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

Yes

 C.4.e.5 Assist in preparing the MD-715 report? [see MD-715, II(C)] Yes
FMC MD-715 PARTS A-G Page 44

Compliance 

Indicator

Measures

C.5 – Following a finding of discrimination, the 

agency explores whether it should take a 

disciplinary action.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

C.5.a Does the agency have a disciplinary policy and/or table 

of penalties that covers discriminatory conduct? [see 29 

CFR § 1614.102(a)(6); see also Douglas v. Veterans 

Administration, 5 MSPR 280 (1981)]

Yes

C.5.b When appropriate, does the agency discipline or 

sanction managers and employees for discriminatory 

conduct? [see 29 CFR §1614.102(a)(6)] If “yes”, please 

state the number of disciplined/sanctioned individuals 

during this reporting period in the comments.

NA No discipline actions as 

mentioned above were 

processed in OHR for the 

time period reported.

C.5.c If the agency has a finding of discrimination (or settles 

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

inform managers and supervisors about the 

discriminatory conduct? [see MD-715, II(C)]

Yes

Compliance 

Indicator

Measures

C.6 – The EEO office advises 

managers/supervisors on EEO matters.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

C.6.a Does the EEO office provide management/supervisory 

officials with regular EEO updates on at least an annual 

basis, including EEO complaints, workforce 

demographics and data summaries, legal updates, 

barrier analysis plans, and special emphasis updates? 

[see MD-715 Instructions, Sec. I] If“yes”, please identify 

the frequency of the EEO updates in the comments 

column.

Yes The EEO Director briefs 

senior leaders at least 

annually.

C.6.b Are EEO officials readily available to answer managers’ 

and supervisors’ questions or concerns? [see MD-715 

Instructions, Sec. I]

Yes

Essential Element D: PROACTIVE PREVENTION

This element requires that the agency head make early efforts to prevent discrimination 

and to identify and eliminate barriers to equal employment opportunity.

Compliance 

Indicator

Measures

D.1 – The agency conducts a reasonable 

assessment to monitor progress towards 

achieving equal employment opportunity 

throughout the year.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

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

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

Yes

D.1.b Does the agency regularly use the following sources 

of information for trigger identification: workforce 

data; complaint/grievance data; exit surveys; 

employee climate surveys; focus groups; affinity 

groups; union; program evaluations; special 

emphasis programs; reasonable accommodation 

program; anti-harassment program; and/or external 

special interest groups? [see MD-715 Instructions,

Sec. I]

Yes
FMC MD-715 PARTS A-G Page 45

D.1.c Does the agency conduct exit interviews or surveys 

that include questions on how the agency could 

improve the recruitment, hiring, inclusion, retention 

and advancement of individuals with disabilities? [see 

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

Yes The EEO Office conducts exit 

interviews focused on overall 

retention and employee 

satisfaction with one general 

question related to EEO 

bases. Additionally, OHR 

provides OPM’s contact 

information for SES to 

complete exit surveys.

Compliance 

Indicator

Measures

D.2 – The agency identifies areas where 

barriers may exclude EEO groups (reasonable 

basis to act.)

Measure 

Met? 

(Yes/No/ 

NA)

Comments

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

identified triggers to find possible barriers? [see MD715, (II)(B)]

Yes

D.2.b Does the agency regularly examine the impact of 

management/personnel policies, procedures, and 

practices by race, national origin, sex, and disability? 

[see 29 CFR §1614.102(a)(3)]

Yes

D.2.c Does the agency consider whether any group of 

employees or applicants might be negatively impacted 

prior to making human resource decisions, such as reorganizations and realignments? [see 29 CFR 

§1614.102(a)(3)]

Yes

D.2.d Does the agency regularly review the following 

sources of information to find barriers: 

complaint/grievance data, exit surveys, employee 

climate surveys, focus groups, affinity groups, 

union, program evaluations, anti-harassment 

program, special emphasis programs, reasonable 

accommodation program; anti-harassment 

program; and/or external special interest groups? 

[see MD-715 Instructions, Sec. I] If “yes”, please 

identify the data sources in the comments column.

Yes Complaint/grievance data, 

exit surveys, employee 

climate surveys, affinity 

groups, program 

evaluations, antiharassment program, 

special emphasis programs, 

reasonable accommodation

program.

Compliance 

Indicator

Measures

D.3 – The agency establishes appropriate action 

plans to remove identified barriers.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

D.3.a. Does the agency effectively tailor action plans to address 

the identified barriers, in particular policies, procedures, 

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

Yes

D.3.b If the agency identified one or more barriers during the 

reporting period, did the agency implement a plan in 

Part I, including meeting the target dates for the planned 

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

NA

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

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

NA
FMC MD-715 PARTS A-G Page 46

Compliance 

Indicator

Measures

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

people with disabilities, including those with 

targeted disabilities.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

D.4.a

Does the agency post its affirmative action plan on its 

public website? [see 29 CFR 1614.203(d)(4)] Please 

provide the internet address in the comments.

Yes Office of Equal Employment 

Opportunity - Federal 

Maritime Commission - 

Federal Maritime Commission 

(fmc.gov)

D.4.b

Does the agency take specific steps to ensure qualified 

people with disabilities are aware of and encouraged to 

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

Yes

D.4.c

Does the agency ensure that disability-related 

questions from members of the public are answered 

promptly and correctly? [see 29 CFR 

1614.203(d)(1)(ii)(A)]

Yes

D.4.d

Has the agency taken specific steps that are reasonably 

designed to increase the number of persons with 

disabilities or targeted disabilities employed at the 

agency until it meets the goals? [see 29 CFR 

1614.203(d)(7)(ii)]

Yes

Essential Element E: EFFICIENCY

This element requires the agency head to ensure that there are effective systems for 

evaluating the impact and effectiveness of the agency’s EEO programs and an efficient 

and fair dispute resolution process.

Compliance 

Indicator

Measures

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

impartial complaint resolution process.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

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

pursuant to 29 CFR §1614.105?

Yes

E.1.b Does the agency provide written notification of rights and

responsibilities in the EEO process during the initial 

counseling session, pursuant to 29 CFR 

§1614.105(b)(1)?

Yes

E.1.c Does the agency issue acknowledgment letters 

immediately upon receipt of a formal complaint, 

pursuant to MD-110, Ch.5(I)?

NA

 E.1.d Does the agency issue acceptance letters/dismissal 

decisions within a reasonable time (e.g., 60 days) after 

receipt of the written EEO Counselor report, pursuant to 

MD-110, Ch. 5(I)? If so, please provide the average 

processing time in the comments.

NA No formal complaints were 

filed in FY 2022

 E.1.e Does the agency ensure all employees fully cooperate 

with EEO counselors and EEO personnel in the EEO 

process, including granting routine access to personnel 

records related to an investigation, pursuant to 29 CFR 

§1614.102(b)(6)?

Yes

 E.1.f Does the agency timely complete investigations, 

pursuant to 29 CFR §1614.108?

Yes

E.1.g If the agency does not timely complete investigations, 

does the agency notify complainants of the date by 

which the investigation will be completed and of their 

right to request a hearing or file a lawsuit, pursuant to 

Yes
FMC MD-715 PARTS A-G Page 47

29 CFR §1614.108(g)?

E.1.h When the complainant does not request a hearing, does 

the agency timely issue the final agency decision, 

pursuant to 29 CFR §1614.110(b)?

Yes

E.1.i Does the agency timely issue final actions following 

receipt of the hearing file and the administrative judge’s 

decision, pursuant to 29 CFR §1614.110(a)?

Yes

E.1.j If the agency uses contractors to implement any stage 

of the EEO complaint process, does the agency hold 

them accountable for poor work product and/or 

delays? [See MD- 110, Ch. 5(V)(A)] If “yes”, please 

describe how in the comments column.

Yes

E.1.k If the agency uses employees to implement any stage 

of the EEO complaint process, does the agency hold 

them accountable for poor work product and/or delays 

during performance review? [See MD-110, Ch. 

5(V)(A)]

Yes

E.1.l Does the agency submit complaint files and other 

documents in the proper format to EEOC through the 

Federal Sector EEO Portal (FedSEP)? [See 29 CFR § 

1614.403(g)]

Yes

Compliance 

Indicator

Measures

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

Met? 

(Yes/No/ 

NA)

Comments

E.2.a Has the agency established a clear separation between 

its

EEO complaint program and its defensive function? 

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

Yes

E.2.b When seeking legal sufficiency reviews, does the EEO 

office have access to sufficient legal resources separate 

from the agency representative? [see MD-110, Ch. 

1(IV)(D)] If “yes”, please identify the source/location of 

the attorney who conducts the legal sufficiency review in 

the comments column.

Yes The Office of General Counsel 

has established a firewall, 

enacted by memorandum, to 

differentiate the EEO advisory 

roles within its office and in 

order to establish an 

appropriate barrier between 

the agency’s defensive 

function and its role in advising 

the EEO office.

E.2.c If the EEO office relies on the agency’s defensive 

function to conduct the legal sufficiency review, is 

there a firewall between the reviewing attorney and 

the agency representative? [see MD-110, Ch. 

1(IV)(D)]

Yes

E.2.d Does the agency ensure that its agency

representative does not intrude upon EEO counseling, 

investigations, and final agency decisions? [see MD110, Ch. 1(IV)(D)]

Yes

E.2.e If applicable, are processing time frames incorporated for 

the legal counsel’s sufficiency review for timely 

processing of complaints? [see EEOC Report, Attaining a 

Model Agency Program: Efficiency (Dec. 1, 2004)]

Yes
FMC MD-715 PARTS A-G Page 48

Compliance 

Indicator

Measures

E.3 - The agency has established and 

encouraged the widespread use of a fair 

alternative dispute resolution (ADR) program.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

E.3.a Has the agency established an ADR program for use 

during

both the pre-complaint and formal complaint stages 

of the EEO process? [see 29 CFR §1614.102(b)(2)]

Yes

E.3.b Does the agency require managers and supervisors 

to participate in ADR once it has been offered? [see 

MD-715, II(A)(1)]

Yes

E.3.c Does the agency encourage all employees to use ADR, 

where ADR is appropriate? [see MD-110, Ch. 3(IV)(C)]

Yes

E.3.d Does the agency ensure a management official with

settlement authority is accessible during the dispute 

resolution process? [see MD-110, Ch. 3(III)(A)(9)]

Yes

E.3.e Does the agency prohibit the responsible management 

official named in the dispute from having settlement 

authority? [see MD-110, Ch. 3(I)]

Yes

E.3.f Does the agency annually evaluate the 

effectiveness of its ADR program? [see MD-110, 

Ch. 3(II)(D)]

Yes

Compliance 

Indicator

Measures

E.4 – The agency has effective and accurate data 

collection systems in place to evaluate its EEO 

program. 

Measure 

Met? 

(Yes/No/ 

NA)

Comments

E.4.a Does the agency have systems in place to accurately 

collect, monitor, and analyze the following data:

E.4.a.1 Complaint activity, including the issues and bases of 

the complaints, the aggrieved 

individuals/complainants, and the involved 

management official? [see MD-715, II(E)]

Yes

E.4.a.2 The race, national origin, sex, and disability status of 

agency employees? [see 29 CFR §1614.601(a)]

Yes

E.4.a.3 Recruitment activities? [see MD-715, II(E)] Yes

E.4.a.4 External and internal applicant flow data concerning 

the applicants’ race, national origin, sex, and 

disability status? [see MD-715, II(E)]

Yes

E.4.a.5 The processing of requests for reasonable 

accommodation? [29 CFR § 1614.203(d)(4)]

Yes

E.4.a.6 The processing of complaints for the anti-harassment 

program? [see EEOC Enforcement Guidance on 

Vicarious

Employer Liability for Unlawful Harassment by 

Supervisors (1999), § V.C.2]

Yes

E.4.b Does the agency have a system in place to re-survey the

workforce on a regular basis? [MD-715 Instructions, Sec. 

I]

Yes

Compliance 

Indicator

Measures

E.5 – The agency identifies and disseminates 

significant trends and best practices in its EEO 

program. 

Measure 

Met? 

(Yes/No/ 

NA)

Comments
FMC MD-715 PARTS A-G Page 49

E.5.a Does the agency monitor trends in its EEO program to 

determine whether the agency is meeting its obligations 

under the statutes EEOC enforces? [see MD-715, II(E)] 

If “yes”, provide an example in the comments.

Yes The agency reviews data in 

complaint activity and exit 

interviews to search for

trends.

E.5.b Does the agency review other agencies’ best practices 

and adopt them, where appropriate, to improve the 

effectiveness of its EEO program? [see MD-715, II(E)] If 

“yes”, provide an example in the comments.

Yes Yes, the agency attends small 

agency AE/EEO committee 

meetings where small agencies 

share best practices, resources, 

training and other information to 

improve the effectiveness of 

EEO programs.

E.5.c Does the agency compare its performance in the 

EEO process to other federal agencies of similar 

size? [see MD-715, II(E)]

Yes

Essential Element F: RESPONSIVENESS AND LEGAL COMPLIANCE

This element requires federal agencies to comply with EEO statutes and EEOC 

regulations, policy guidance, and other written instructions.

Compliance 

Indicator

Measures

F.1 – The agency has processes in place to ensure 

timely and full compliance with EEOC Orders and 

settlement agreements.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

F.1.a Does the agency have a system of management 

controls to ensure that its officials timely comply with 

EEOC orders/directives and final agency actions? 

[see 29 CFR §1614.102(e); MD-715, II(F)]

Yes

F.1.b Does the agency have a system of management 

controls to ensure the timely, accurate, and complete 

compliance with resolutions/settlement agreements? 

[see MD-715, II(F)]

Yes

F.1.c Are there procedures in place to ensure the timely and

predictable processing of ordered monetary relief? 

[see MD- 715, II(F)]

Yes

F.1.d Are procedures in place to process other forms of ordered

relief promptly? [see MD-715, II(F)]

Yes

F.1.e When EEOC issues an order requiring compliance 

by the agency, does the agency hold its 

compliance officer(s) accountable for poor work 

product and/or delays during performance review? 

[see MD-110, Ch. 9(IX)(H)]

Yes

Compliance 

Indicator

Measures

F.2 – The agency complies with the law, including 

EEOC regulations, management directives, orders, 

and other written instructions.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

F.2.a Does the agency timely respond and fully comply with 

EEOC orders? [see 29 CFR §1614.502; MD-715, II(E)]

Yes

F.2.a.1 When a complainant requests a hearing, does the agency

timely forward the investigative file to the appropriate 

EEOC hearing office? [see 29 CFR §1614.108(g)]

Yes

F.2.a.2 When there is a finding of discrimination that is not the 

subject of an appeal by the agency, does the agency 

ensure timely compliance with the orders of relief? [see 

29 CFR §1614.501]

Yes

F.2.a.3 When a complainant files an appeal, does the agency 

timely forward the investigative file to EEOC’s Office 

of Federal Operations? [see 29 CFR §1614.403(e)]

Yes
FMC MD-715 PARTS A-G Page 50

F.2.a.4 Pursuant to 29 CFR §1614.502, does the agency 

promptly

provide EEOC with the required documentation for 

completing compliance?

Yes

Compliance 

Indicator

Measures

F.3 - The agency reports to EEOC its program 

efforts and accomplishments.

Measure 

Met? 

(Yes/No/ 

NA)

Comments

F.3.a Does the agency timely submit to EEOC an accurate 

and complete No FEAR Act report? [Public Law 107-

174 (May 15, 2002), §203(a)]

Yes

F.3.b Does the agency timely post on its public webpage 

its quarterly No FEAR Act data? [see 29 CFR 

§1614.703(d)]

Yes
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 1 

PART J 

Affirmative Action Plan

for the Recruitment, Hiring, Advancement, and Retention of 

Persons with Disabilities

FY 2022

Federal Maritime Commission For period covering October 1, 2021 to September 30, 2022

MD-715 – Part J 

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

Persons with Disabilities

To capture agencies’ affirmative action plan for persons with disabilities (PWD) and 

persons with targeted disabilities (PWTD), EEOC regulations (29 C.F.R. § 1614.203(e)) and

MD-715 require agencies to describe how their plan will improve the recruitment, hiring,

advancement, and retention of applicants and employees with disabilities. All agencies, 

regardless of size, must complete this Part of the MD- 715 report.

Section I: Efforts to Reach Regulatory Goals

EEOC regulations (29 C.F.R. § 1614.203(d)(7)) require agencies to establish specific 

numerical goals for increasing the participation of persons with reportable and targeted 

disabilities in the federal government.

1. Using the goal of 12% as the benchmark, does your agency have a trigger 

involving PWD by grade level cluster in the permanent workforce? If "yes", describe the 

trigger(s) in the text box.

a. Cluster GS-1 to GS-10 (PWD) Yes

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

Demographic data table B4 shows the following:

Of the eight (8) permanent employees in the GS-1 to GS-10 cluster, zero (0%) employees selfidentified as a PWD. This is below the 12% benchmark.

FMC has 107 permanent employees in the GS-11 to SES cluster. Of the 107 employees, 

fourteen (14) employees (13.08%) self-identified as PWD. This is above the 12% benchmark. 

2. Using the goal of 2% as the benchmark, does your agency have a trigger 

involving PWTD by grade level cluster in the permanent workforce? If "yes", describe the 

trigger(s) in the text box.

a. Cluster GS-1 to GS-10 (PWTD) Yes

b. Cluster GS-11 to SES (PWTD) No
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 2 

Demographic data table B4 shows the following: 

Of the eight (8) permanent employees in the GS-1 to GS-10 cluster, 0 employees self-identified 

as a PWTD. This is below the 2% benchmark.

FMC had 107 permanent employees in the GS-11 to SES cluster. Of the 107 employees, four

(4) employees (3.74%) self-identified as a PWTD. This is above the 2% benchmark.

Grade Level Cluster (GS or Alternate 

Pay Plan)

Total Reportable Disability Targeted Disability

# # % # %

Numerical Goal -- 12% 2%

Grades GS-1 to GS-10 8 0 0.00% 0 0.00%

Grades GS-11 to SES 107 14 13.08% 4 3.74% 

3. Describe how the agency has communicated the numerical goals to the hiring managers 

and/or recruiters.

The Agency communicates the numerical goals to hiring managers via email and in HR strategy 

consultations with hiring managers.

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.

Yes
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 3 

2. Identify all staff responsible for implementing the agency's disability employment 

program by the office, staff employment status, and responsible official.

Disability Program Task

# of FTE Staff by 

Employment 

Status

Responsible Official 

(Name, Title, Office, Email) Full 

Time

Part 

Time Collateral Duty 

Processing applications from PWD 

and PWTD

1 0 0 Courtney Killion, Director Office 

of Human Resources.

ckillion@fmc.gov

Answering questions from the public 

about hiring authorities that take 

disability into account

1 0 0 Nicholas Hornung, Human 

Resources Specialist, Office of 

Human Resources. 

nhornung@fmc.gov

Processing reasonable 

accommodation requests from 

applicants and employees

1 0 0 Courtney Killion, Director Office 

of Human Resources. 

ckillion@fmc.gov

Section 508 Compliance 1 0 0 Catie-Megan Moran, Web 

Content Specialist, Office of the 

Secretary. cmoran@fmc.gov

Architectural Barriers Act 

Compliance

1 0 0 GSA represents FMC in all 

matters pertaining to the ABA. 

Coordination with FMC is 

through Katona Bryan-Wade, 

Director, Office of Management 

Services.

Kbryan-wade@fmc.gov

Special Emphasis Program for PWD 

and PWTD

1 0 0 Camella Woodham, Director, 

Office of Equal Employment 

Opportunity. 

cwoodham@fmc.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.

Yes

All Human Resources (HR) Specialists successfully completed OPM’s Special Placement 

Program Coordinator training to carry out their responsibilities related to the disability 

program. In addition, the HR Specialists, EEO Director, and managers completed the 

Office of Personnel Management’s online training on Schedule A, “A Roadmap to 

Success: Hiring, Retaining and Including People with Disabilities”. This training provides 

staff and leadership with basic resources and strategies to successfully hire, retain, and 

include employees with disabilities. During FY 2023, the FMC plans additional training 

for all staff on how to comply with Section 508 requirements.
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 4 

B. Plan to Ensure Sufficient Funding for the Disability Program

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

the disability program during the reporting period? If "no", describe the agency's plan to 

ensure all aspects of the disability program have sufficient funding and other resources. 

Yes

Section III: Program Deficiencies In The Disability Program

None identified. 

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 Applicants with Disabilities

1. Describe the programs and resources the agency uses to identify job applicants with 

disabilities, including individuals with targeted disabilities.

The FMC continues to use a variety of recruitment strategies designed to increase the number of 

qualified applicants with disabilities and applicants with targeted disabilities with the major 

occupations. The FMC used the following resources to identify job applicants with disabilities: 

OPM’s Agency Talent Portal and the Workforce Recruitment Program (WRP). The WRP is a 

recruitment and referral program that connects federal and private sector employers with college 

students and recent graduates.

Additionally, the EEO Director sent recruitment announcements to disability affinity groups in an 

effort to identify job applicants with disabilities, including individuals with targeted disabilities.

2. Pursuant to 29 C.F.R. § 1614.203(a)(3), describe the agency's use of hiring authorities 

that take disability into account (e.g., Schedule A) to recruit PWD and PWTD for positions 

in the permanent workforce.

The FMC uses Schedule A appointing authority (5 C.F.R. 213.310(2)) and 30% or more Disabled

Veteran appointing authority (5 U.S.C. 3112; C.F.R. 316.302, 316.402, and 315.707) to proactively

hire PWD expeditiously. FMC job announcements contain information explaining how to apply 

under Schedule A and other excepted service hiring authorities.

Applicants with disabilities may also provide their application directly to the FMC Office of Human 

Resources (OHR) at any time. The OHR reviews the current recruitment inventory to identify 

potential position(s) for which the applicant is suited, determines whether the applicant meets the 
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 5 

Schedule A 213.3102(u) requirements, reviews for qualifications, and then forwards the 

application package to the appropriate subject matter expert (SME) and/or hiring manager for a 

further consideration.

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.

When individuals apply for a position under Schedule A, the HR Specialist will confirm that the 

applicant has a Schedule A letter. If the applicant meets the Schedule A requirements, their 

application is provided to the position’s SME to determine if the applicant is qualified for a position 

they are applying by reviewing the job qualifications against the applicant’s resume. The SME 

documents their review and provides the HR Specialist with the determination. If qualified, the 

candidate is referred to the hiring manager for further consideration. The HR Specialist will also 

explain the Schedule A hiring authority should the SME and/or hiring official have any questions.

To determine if an applicant is eligible under Schedule A, the Office of Human Resources reviews

their application package to determine if they provided the required documentation (as described in 

the vacancy announcement from OPM’s Disability EmploymentPage).

The documentation is reviewed for eligibility under the hiring authority. This procedure is applied

when a candidate submits an application through USAJobs and/or directly to OHR.

If the documentation submitted is unclear, we give tentative consideration under this hiring 

authority. In this case, if the individual is selected, we ask the selectee to furnish the appropriate 

documentation.

When an applicant applies through USAJobs, we review their package for eligibility. Those eligible 

and qualified under non-competitive hiring authorities are placed on a certificate of eligibles that is 

separate from those competitively eligible.

Additionally, the OHR searches OPM’s Agency Talent Portal, resumes we have on file, and/or other 

sources for recruiting persons with disabilities. If qualified candidates are found, the resumes are 

forwarded to the hiring official via email 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.

Yes
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 6 

The FMC provides mandatory annual training for senior leadership, hiring managers, and 

HR specialists to:

- Promote and support employment of PWD/ PWTD for all employment opportunities 

in the agency;

- Use Schedule A authority for people with disabilities;

- Use other tools available to assist hiring managers to identify qualified applicants with 

disabilities; and

- Remain versed on the FMC’s procedures for providing reasonable accommodation to 

job applicants and employees with disabilities.

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 Office of Human Resources utilizes the Workforce Recruitment Program and the EEO Director 

sends recruitment announcements to disability affinity groups in an effort to identify job applicants 

with disabilities, including individuals with targeted disabilities.

C. Progression Towards Goals (Recruitment and Hiring)

1. Using the goals of 12% for PWD and 2% for PWTD as the benchmarks, do triggers exist 

for PWD and/or PWTD among the new hires in the permanent workforce? If "yes", please 

describe the triggers below.

a. New Hires for Permanent Workforce (PWD) No

b. New Hires for Permanent Workforce (PWTD) No

New Hires Total Workforce 

New Hires 

#(%)

Reportable Disability Targeted Disability

# % # % 

23 14 12.17% 4 3.48% 

Numerical Goal -- 12% 2%

2. Using the qualified applicant pool as the benchmark, do triggers exist for PWD and/or 

PWTD among the new hires for any of the mission-critical occupations (MCO)? If "yes", 

please describe the triggers below.

a. New Hires for MCO (PWD) Yes

b. New Hires for MCO (PWTD) Yes
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 7 

 

New Hires to MissionCritical Occupations

Reportable Disability Targeted Disability

Total

Qualified Qualified Applicants Selected Qualified Applicants Selected

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

Transportation Industry 

Analyst (2110) 35 0 (0.00%) 0 (0.00%) 0 (0.00%) 0 (0.00%)

Program Management 

(0340) 43 3 (6.98%) 0 (0.00%) 1 (2.32%) 0 (0.00%)

Management & 

Program Analyst 

(0343) 54 3 (5.55%) 0 (0.00%) 2 (3.70%) 0 (0.00%)

General Attorney (0905)

160 6 (3.75%) 0 (0.00%) 3 (1.87%) 0 (0.00%)

Administrative Law 

Judge (0935)

13 1 (7.70%) 0 (0.00%) 1 (1.70%) 0 (0.00%)

Numerical Goal - 12% 2%

 

3. Using the qualified 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.

a. Qualified Applicants for MCO (PWD) Yes

b. Qualified Applicants for MCO (PWTD) Yes

Internal Hires to MissionCritical Occupations

Reportable Disability Targeted Disability

Total

Qualified Qualified Applicants Selected Qualified Applicants Selected

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

Transportation Industry 

Analyst (2110) 12 4 (3.33%) 1 (8.33%) 2 (16.66%) 1 (8.33%)

Program Management 

(0340) 85 9 (10.58) 1 (1.17%) 4 (4.70%) 0 (0.00%)
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 8 

Management & 

Program Analyst 

(0343)

104 10 (9.61%) 0 (0.00%) 5 (4.80%) 0 (0.00%)

General Attorney (0905) No internal 

applicants -- -- -- --

Administrative Law 

Judge (0935)

No internal 

applicants -- -- -- --

Numerical Goal - 12% 2%

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

PWTD among employees promoted to any of the mission-critical occupations (MCO)? If 

"yes", please describe the triggers below.

a. Promotions for MCO (PWD) Yes

b. Promotions for MCO (PWTD) Yes

Only one mission critical position was eligible for promotion. 

Promotions to MissionCritical Occupations

Reportable Disability Targeted Disability

Total

Qualified Applicants Selected Qualified Applicants Selected

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

General Attorney (0905) 1 0 (0.00%) 0 (0.00%) 0 (0.00%) 0 (0.00%)

Numerical Goal - 12% 2%

 

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
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 9 

Describe the agency's plan to ensure PWD, including PWTD, have sufficient opportunities 

for advancement.

The FMC is committed to ensuring opportunities for advancement for all employees, including 

PWD and PWTD. On an individual office basis, FMC provides for various training opportunities 

to enhance skills and development. In all training and development activities, EEOC ensures that 

employees with disabilities are accommodated. 

B. Career Development Opportunities

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

employees.

As a small agency, the FMC does not have a formal career development program. However, it 

provides individual training, offers a SES Development and Leadership Development Program, 

and offers periodic details (internal and external).

2. In the table below, please provide the data for career development opportunities that 

require competition and/or supervisory recommendation/approval to participate. 

[Collection begins with the FY 2018 MD-715 report, which is due on February 28, 2019.]

Career Development 

Opportunities

Total 

Participants PWD PWTD

Applicants 

(#)

Selectees 

(#)

Applicants 

(%)

Selectees 

(%)

Applicants 

(%)

Selectees

(%)

Internship Programs 16 2 0 0 0 0 

Fellowship 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 16 11 6% 9% 0 0 

Detail Programs 0 0 0 0 0 0 

Other Career Development 

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.

a. Applicants (PWD) YES

b. Selections (PWD) YES

Internship Programs – NO applicants with PWD or PWTD applied for internship opportunities.

Training Programs – PWD and PWTD participated below the 12% and 2% goals for those 

opportunities.
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 10 

4. Do triggers exist for PWTD among the applicants and/or selectees for any of the career 

development programs identified? (The appropriate benchmarks are the relevant applicant 

pool for applicants and the applicant pool for selectees.) If "yes", describe the trigger(s) in 

the text box.

a. Applicants (PWTD) NA

b. Selections (PWTD) NA

C. Awards

1. Using the inclusion rate as the benchmark, does your agency have a trigger involving 

PWD and/or PWTD for any level of the time-off awards, bonuses, or other incentives? If 

“yes”, please describe the trigger(s) in the text box.

a. Awards, Bonuses, & Incentives (PWD) Yes

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

Using the Inclusion Rate (Table B9-2), to determine whether there are barriers to full 

inclusion of qualified PWD and PWTD, FMC notes several triggers. 

Seventeen Time Off awards (17) were distributed amongst fourteen (14) PWD in the 

permanent workforce. When comparing the inclusion rate of Persons Without Disability

against PWD, FMC identified two (2) triggers for PWD with respect to Time Off Awards 

(11 - 20 hours and 31- 40 hours). (See Awards chart below)

Four (4) Time Off awards were distributed amongst four (4) PWTD in the permanent 

workforce. When comparing the inclusion rate of Persons Without Disability against 

PWTD, FMC identified two (2) triggers for PWTD with respect to Time Off Awards (11 - 

20 hours and 31 - 40 hours;). (see Awards chart below)

Fourteen (14) Cash awards were distributed amongst the fourteen (14) PWD in the 

permanent workforce. When comparing the inclusion rate of Persons Without Disability 

against PWD, FMC identified one (1) trigger for PWD with respect to Cash Awards (See 

Cash Awards chart below).

Four (4) Cash awards were distributed amongst the four (4) PWTD in the permanent 

workforce. When comparing the inclusion rate of Persons Without Disability against 

PWTD, FMC identified one (1) trigger for PWTD with respect to Cash Awards (See Cash 

Awards chart below).

One (1) Quality Step Increase (QSI) was distributed in FY 2022. When comparing the 

inclusion rate of Persons Without Disability against PWD and PWTD, FMC notes that no 

PWD or PWTD received Quality step Increases in FY 2022. 
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 11 

AWARDS Total

Persons 

Without 

Disability ID

No Disability 

[05]]

Not 

Identified 

[01]

Disability 

[02-03, 06-

99]

Targeted 

Disability

Time-Off Awards 1 - 10 hours: Awards Given # 47 39 29 10 8 2

Time-Off Awards 1 - 10 hours: Awards Given % 40.87 38.61 36.25 47.62 57.14 50.00

Time-Off Awards 1 - 10 Hours: Total Hours # 235 196 149 47 39 16

Time-Off Awards 1 - 10 Hours: Average Hours # 5 1 5 4 4 8

Time-Off Awards 11 - 20 hours: Awards Given # 8 7 6 1 1 0

Time-Off Awards 11 - 20 hours: Awards Given % 6.96 6.93 7.50 4.76 7.14 0.00

Time-Off Awards 11 - 20 Hours: Total Hours # 135 119 103 16 16 0

Time-Off Awards 11 - 20 Hours: Average Hours # 16 0 17 16 16 0

Time-Off Awards 21 - 30 hours: Awards Given # 25 24 20 4 1 0

Time-Off Awards 21 - 30 hours: Awards Given % 21.74 23.76 25.00 19.05 7.14 0.00

Time-Off Awards 21 - 30 Hours: Total Hours # 651 623 517 106 28 0

Time-Off Awards 21 - 30 Hours: Average Hours # 26 -2 25 26 28 0

Time-Off Awards 31 - 40 hours: Awards Given # 46 39 33 6 7 2

Time-Off Awards 31 - 40 hours: Awards Given % 40.00 38.61 41.25 28.57 50.00 50.00

Time-Off Awards 31 - 40 Hours: Total Hours # 1645 1365 1162 203 280 64

Time-Off Awards 31 - 40 Hours: Average Hours # 35 -5 35 33 40 32

Time-Off Awards 41 or more Hours: Awards 

Given #

0 0 0 0 0 0 

Time-Off Awards 41 or more Hours: Awards 

Given %

0.00 0.00 0.00 0.00 0.00 0.00

Time-Off Awards 41 or more Hours: Total Hours # 0 0 0 0 0 0

Time-Off Awards 41 or more Hours: Average 

Hours #

0 0 0 0 0 0 

TOTAL AWARDS 126 109 17 4

% 100 86.5 13.5 3.17

CASH AWARDS

Total

Persons 

Without 

Disability ID

No Disability 

[05]] 

Not 

Identified 

[01]

Disability 

[02-03, 06-

99]

Targeted 

Disability

Cash Awards $500 and Under: Awards Given # 0 0 0 0 0 0

Cash Awards $500 and Under: Awards Given % 0.00 0.00 0.00 0.00 0.00 0.00

Cash Awards $500 and Under: Total Amount $ 0 0 0 0 0 0

Cash Awards $500 and Under: Average Amount $ 0 0 0 0 0 0

Cash Awards: $501 - $999: Awards Given # 15 11 8 3 4 2

Cash Awards: $501 - $999: Awards Given % 13.04 10.89 10.00 14.29 28.57 50.00

Cash Awards: $501 - $999: Total Amount $ 10400 7600 5500 2100 2800 1400

Cash Awards: $501 - $999: Average Amount $ 693 -7 687 700 700 700

Cash Awards: $1000 - $1999: Awards Given # 41 37 29 8 4 1

Cash Awards: $1000 - $1999: Awards Given % 35.65 36.63 36.25 38.10 28.57 25.00

Cash Awards: $1000 - $1999: Total Amount $ 63200 57000 44900 12100 6200 1550

Cash Awards: $1000 - $1999: Average Amount $ 1541 -9 1548 1512 1550 1550
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 12 

Cash Awards: $2000 - $2999: Awards Given # 2 2 2 0 0 0

Cash Awards: $2000 - $2999: Awards Given % 1.74 1.98 2.50 0.00 0.00 0.00

Cash Awards: $2000 - $2999: Total Amount $ 4000 4000 4000 0 0 0

Cash Awards: $2000 - $2999: Average Amount $ 2000 2000 2000 0 0 0

Cash Awards: $3000 - $3999: Awards Given # 48 42 38 4 6 1

Cash Awards: $3000 - $3999: Awards Given % 41.74 41.58 47.50 19.05 42.86 25.00

Cash Awards: $3000 - $3999: Total Amount $ 149232 130632 118232 12400 18600 3100

Cash Awards: $3000 - $3999: Average Amount $ 3109 9 3111 3100 3100 3100

Cash Awards: $4000 - $4999: Awards Given # 0 0 0 0 0 0

Cash Awards: $4000 - $4999: Awards Given % 0.00 0.00 0.00 0.00 0.00 0.00

Cash Awards: $4000 - $4999: Total Amount $ 0 0 0 0 0 0

Cash Awards: $4000 - $4999: Average Amount $ 0 0 0 0 0 0

Cash Awards: $5000 or more: Awards Given # 0 0 0 0 0 0

Cash Awards: $5000 or more: Awards Given % 0.00 0.00 0.00 0.00 0.00 0.00

Cash Awards: $5000 or more: Total Amount $ 0 0 0 0 0 0

Cash Awards: $5000 or more: Average Amount $ 0 0 0 0 0 0

TOTAL CASH AWARDS 106 92 14 4

% 100 86.8 13.20 3.77

2. Using the inclusion rate as the benchmark, does your agency have a trigger involving 

PWD and/or PWTD for quality step increases or performance-based pay increases? If 

"yes", please describe the trigger(s) in the text box.

a. Pay Increases (PWD) Yes

b. Pay Increases (PWTD) Yes

OTHER AWARDS

Total

Persons 

Without 

Disability ID

No Disability 

[05]] 

Not 

Identified 

[01]

Disability 

[02-03, 06-

99]

Targeted 

Disability

Total QSIs Awarded # 1 1 1 0 0 0

Total QSIs Awarded % 0.87 0.99 1.25 0.00 0.00 0.00

Only one (1) person received a QSI in FY 2022. No individuals with disabilities or targeted 

disabilities received QSIs in FY 2022.

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) N/A

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

Not applicable, as the FMC did not have any other type of employee recognition program during 

FY 2022.

D. Promotions
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 13 

1. Does your agency have a trigger involving PWD among the qualified internal applicants 

and/or selectees for promotions to the senior grade levels? (The appropriate benchmarks 

are the relevant applicant pool for qualified internal applicants and the qualified applicant 

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

If "yes", describe the trigger(s) in the text box.

a. SES

i. Qualified Internal Applicants (PWD) NA (no SES internal promotions)

ii. Internal Selections (PWD) NA (no SES internal promotions)

b. Grade GS-15

i. Qualified Internal Applicants (PWD) NA (no GS-15 internal promotions)

ii. Internal Selections (PWD) NA (no GS-15 internal promotions)

c. Grade GS-14

i. Qualified Internal Applicants (PWD) Yes See chart below

ii. Internal Selections (PWD) Yes See chart below

d. Grade GS-13

i. Qualified Internal Applicants (PWD) No

ii. Internal Selections (PWD) No

Internal Competitive 

Promotions to 

Senior Grade Levels

DISABILITIES

Total

Qualified Qualified Internal 

Applicants (PWD)

Internal Selections 

(PWD)

(#) #(%) #(%)

SES 0 NA NA

GS-15 0 NA NA

GS-14 1 0 (0%) 0 (0%)

GS-13 1 1 (100%) 1 (100%)

Numerical Goal - 12%

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 
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 14 

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

If "yes", describe the trigger(s) in the text box.

a. SES

i. Qualified Internal Applicants (PWTD) NA (no SES internal promotions)

ii. Internal Selections (PWTD) NA (no SES internal promotions)

b. Grade GS-15

i. Qualified Internal Applicants (PWTD) NA (no GS-15 internal promotions)

ii. Internal Selections (PWTD) NA (no GS-15 internal promotions)

c. Grade GS-14

i. Qualified Internal Applicants (PWTD) Yes See chart below

ii. Internal Selections (PWTD) Yes See chart below

d. Grade GS-13

i. Qualified Internal Applicants (PWTD) Yes

ii. Internal Selections (PWTD) Yes

 Internal Competitive 

Promotions to 

Senior Grade Levels

TARGETED DISABILITIES

Total

Qualified Qualified Internal 

Applicants (PWTD)

Internal Selections 

(PWTD)

(#) #(%) #(%)

SES 0 NA NA

GS-15 0 NA NA

GS-14 1 0 (0%) 0 (0%)

GS-13 1 0 (0%) 0 (0%)

Numerical Goal - 2%

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.

a. New Hires to SES (PWD) No
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 15 

b. New Hires to GS-15 (PWD) Yes See chart below

c. New Hires to GS-14 (PWD) Yes See chart below

d. New Hires to GS-13 (PWD) Yes See chart below

New Hires to 

Senior Grade Levels

DISABILITIES

Total

Qualified Qualified Internal 

Applicants (PWD)

Internal Selections 

(PWD)

(#) #(%) #(%)

SES 13 1 (7.69%) 0 (0.00%)

GS-15 31 2 (6.45%) 0 (0.00%)

GS-14 53 3 (5.66%) 0 (0.00%)

GS-13 155 9 (5.81%) 0 (0.00%)

Numerical Goal - 12%

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

involving PWTD among the new hires to the senior grade levels? For non-GS pay plans, 

please use the approximate senior grade levels. If "yes", describe the trigger(s) in the text 

box.

a. New Hires to SES (PWTD) Yes See chart below

b. New Hires to GS-15 (PWTD) Yes See chart below

c. New Hires to GS-14 (PWTD) Yes See chart below

d. New Hires to GS-13 (PWTD) Yes See chart below

New Hires to 

Senior Grade Levels

TARGETED DISABILITIES

Total

Qualified Qualified Internal 

Applicants (PWTD)

Internal Selections 

(PWTD)

(#) #(%) #(%)

SES 13 1 (7.69%) 0 (0.00%)

GS-15 31 1 (6.45%) 0 (0.00%)

GS-14 53 1 (5.66%) 0 (0.00%)

GS-13 155 4 (2.58%) 0 (0.00%)

Numerical Goal - 2%
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 16 

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.) Yes - See chart below

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.) Yes - See chart below

Internal Competitive 

Promotions to 

Supervisory Positions 

Total 

Qualified

TARGETED DISABILITIES

Qualified Internal 

Applicants (PWTD)

Internal Selections 

(PWTD)

(#) #(%) #(%)

ES-0905-00 0 0 0 (0.00%)

GS-0343-15 23 1 (4.35%) 0 (0.00%)

GS-0505-15 35 0 0 (0.00%)

Numerical Goal - 2%

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. Yes - See chart below

New Hires to Supervisory 

Positions

Total 

Qualified

DISABILITIES

Qualified Internal 

Applicants (PWD)

Internal Selections 

(PWD)

(#) #(%) #(%)

ES-0905-00 3 0 (0.00%) 0 (0.00%)

GS-0343-15 31 2 (6.45%) 0 (0.00%)

GS-0505-15 0 0 (0.00%) 0 (0.00%)

Internal Competitive 

Promotions to 

Supervisory Positions 

Total 

Qualified

DISABILITIES

Qualified Internal 

Applicants (PWD)

Internal Selections 

(PWD)

(#) #(%) #(%)

ES-0905-00 0 0 (0.00%) 0 (0.00%)

GS-0343-15 23 2 (8.70%) 0 (0.00%)

GS-0505-15 35 1 (2.86%) 0 (0.00%)

Numerical Goal - 12%
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 17 

Numerical Goal - 12%

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. Yes - See chart below

New Hires to Supervisory 

Positions

Total 

Qualified

TARGETED DISABILITIES

Qualified Internal 

Applicants (PWTD)

Internal Selections 

(PWTD)

(#) #(%) #(%)

ES-0905-00 3 0 (0.00%) 0 (0.00%)

GS-0343-15 31 1 (3.23%) 0 (0.00%)

GS-0505-15 0 0 (0.00%) 0 (0.00%)

Numerical Goal - 2%

Section VI: Plan to Improve Retention of Persons with Disabilities

To be a model employer for persons with disabilities, agencies must have policies and 

programs in place to retain employees with disabilities. In this section, agencies should: 

(1) analyze workforce separation data to identify barriers retaining employees with 

disabilities; (2) describe efforts to ensure accessibility of technology and facilities; and (3) 

provide information on the reasonable accommodation program and workplace personal 

assistance services.

A. Voluntary and Involuntary Separations

1. In this reporting period, did the agency convert all eligible Schedule A employees with a 

disability into the competitive service after two years of satisfactory service (5 C.F.R. § 

213.3102(u)(6)(i))? If "no", please explain why the agency did not convert all eligible 

Schedule A employees.

N/A

In FY 2022, there were no Schedule A employees eligible to convert to competitive 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.

Inclusion Rate PWD PWOD

 a. Voluntary Separations (PWD) 20 2 18 No

 b. Involuntary Separations (PWD) 0 0 0 No
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 18 

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.

Inclusion Rate PWTD PWOD

a. Voluntary Separations (PWTD) 20 1 18 No

b. Involuntary Separations (PWTD) 0 0 0 No

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. 

No triggers exist in the separation rate of PWD or PWTD.

B. Accessibility of Technology and Facilities

Pursuant to 29 C.F.R. § 1614.203(d)(4), federal agencies are required to inform applicants 

and employees of their rights under Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 

§ 794(b), concerning the accessibility of agency technology, and the Architectural Barriers 

Act of 1968 (42 U.S.C. § 4151-4157), concerning the accessibility of agency facilities. In 

addition, agencies are required to inform individuals where to file complaints if other 

agencies are responsible for a violation.

1. Please provide the internet address on the agency's public website for its notice 

explaining employees' and applicants' rights under Section 508 of the Rehabilitation Act, 

including a description of how to file a complaint.

Accessibility Notice - Federal Maritime Commission - Federal Maritime Commission (fmc.gov)

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.

Accessibility Notice - Federal Maritime Commission - Federal Maritime Commission (fmc.gov)

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 agency is reviewing its Section 508 policy and procedures to ensure accessibility of agency 

technology.

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.
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 19 

1. Please provide the average time frame for processing initial requests for reasonable 

accommodations during the reporting period. (Please do not include previously approved 

requests with repetitive accommodations, such as interpreting services.)

The average processing time from the date of request to approval in 2022 was 26 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.

All reasonable accommodation requests were completed in a timely manner; managers and 

supervisors receive training on the reasonable accommodation policy and the Office of Equal 

Employment Opportunity monitors accommodations requests for trends.

D. Personal Assistance Services Allowing Employees to Participate in the Workplace

Pursuant to 29 C.F.R. § 1614.203(d)(5), federal agencies, as an aspect of affirmative action, 

are required to provide personal assistance services (PAS) to employees who need them 

because of a targeted disability, unless doing so would impose an undue hardship on the 

agency.

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.

 The FMC did not receive any PAS requests in FY 2022.

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 government-wide average?

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?

No
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 20 

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.

N/A – FMC did not have any findings in FY 2022.

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 governmentwide average?

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?

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.

N/A

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?

No

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

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.

Triggers across 

multiple 

indicators

Lower than expected participation rate (percentage) of PWD and 

PWTD in 2022 selections. 

A review of triggers indicating a lower-than-expected participation 

rate for PWD and PWTD in the permanent workforce, as well as in 

the new hires to mission critical occupations. Additionally, triggers 
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 21 

existed regarding internal applicants with disabilities/targeted 

disabilities entering the selection pool for vacancies in the agency.

Barrier(s) Not identified

Objective(s) Increase pool of qualified PWD/PWTD applicants

Responsible Official(s)

Performance Standards Address the 

Plan?

(Yes or No)

All hiring managers; Offices of Equal 

Opportunity and Human Resources

Yes

Sources of Data

Sources 

Reviewed

? 

(Yes or No)

Identify Information Collected

Workforce Data Tables Yes Reviewed Tables B1 and B7, applicant flow 

data.

Complaint Data (Trends) Yes No trends found in non-selection complaint 

data.

Grievance Data (Trends) N/A No grievance data available.

Findings from Decisions 

(e.g., EEO, Grievance, 

MSPB, Anti- Harassment 

Processes)

N/A No findings available.

Climate Assessment Survey 

(e.g., FEVS) Yes

Reviewed questions and responses that 

support the diversity and inclusion index for 

PWD in FEVS.

Exit Interview Data No No trends found in exit interview data

Focus Groups N/A

Interviews N/A

Reports (e.g., Congress, 

EEOC, MSPB, GAO, OPM) Yes

Reviewed several federal and private sector 

reports and data from special interest groups 

to gain additional information in best practices 

and solutions for addressing low participation 

of PWD/PWTD.

Other (Please Describe)

Target Date

(mm/dd/yyyy) 

Planned Activities Sufficient 

Staffing & 

Funding

(Yes or No)

Modified 

Date

(mm/dd/yyyy) 

Completion Date

(mm/dd/yyyy) 
FMC MD-715- AFFIRMATIVE ACTION PLAN - PART J Page 22 

ongoing OEEO to discuss with OHR 

encouraging active discussions 

with hiring managers when 

determining area of 

consideration to fill vacancies.

Yes 09/30/2023 

and ongoing

9/30/2023 Continue to educate hiring 

managers regarding available 

legal authorities and hiring 

flexibilities, including annual

email reminders

Yes 09/30/2023 

and ongoing

9/30/2023 Establish relationships with 

organizations that assist PWD 

in securing and maintaining 

employment (including local 

colleges, universities and 

professional organizations)

Yes 09/30/2023 

and ongoing

Fiscal Year Accomplishments

2023 EEO established contact with: Career services at Gallaudet University (participate in job 

announcement board), Federal Exchange on Employment and Disability (FEED) — An interagency 

working group focused on information sharing, best practices, and collaborative partnerships 

designed to make the federal government a model employer of people with disabilities. 

2023 Ensured all managers and supervisors received training and notification of Schedule A hiring 

flexibilities

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

planned activities.

N/A

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

those activities toward eliminating the barrier(s).

No measurable impact has been observed to date.

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.