Page 1

Federal Mine Safety and Health Review 

Commission 

FY 2020 

Affirmative Action Plan 

for the Recruitment, Hiring, Advancement, and 

Retention of Persons with Disabilities 

To capture agencies’ affirmative action plan for persons with disabilities (PWD) and persons with targeted disabilities (PWTD), 

EEOC regulations (29 C.F.R. § 1614.203(e)) and MD-715 require agencies to describe how their affirmative action plan will 

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

Section I: Efforts to Reach Regulatory Goals 

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

of persons with disabilities and persons with targeted disabilities in the federal government 

1. Using the goal of 12% as the benchmark, does your agency have a trigger involving PWD by grade level cluster in the

permanent workforce? If “yes”, describe the trigger(s) in the text box.

a. Cluster GS-1 to GS-10 (PWD) Answer No 

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

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

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

metropolitan region.

2. Using the goal of 2% as the benchmark, does your agency have a trigger involving PWTD by grade level cluster in the

permanent workforce? If “yes”, describe the trigger(s) in the text box.

a. Cluster GS-1 to GS-10 (PWTD) Answer Yes 

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

For FY2020, none of the agency's 59 employees were PWTD. 

Grade Level Cluster(GS or Alternate Pay 

Planb) 

Total Reportable Disability Targeted Disability 

# # % # % 

Numarical Goal -- 12% 2% 

Grades GS-1 to GS-10 

Grades GS-11 to SES 

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

The goals were conveyed during the State of the Agency report provided to senior leadership, including the Human Resource 

Director. The (fairly new) Chair inquired what "PWTD" encompassed and how we could recruit from that group for our agency. 

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. 
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Commission

FY 2020

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A. PLAN TO PROVIDE SUFFICIENT & COMPETENT STAFFING FOR THE DISABILITY

PROGRAM

1. Has the agency designated sufficient qualified personnel to implement its disability program during the reporting period?

If “no”, describe the agency’s plan to improve the staffing for the upcoming year.

Answer Yes 

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

employment status, and responsible official.

Disability Program Task 

# of FTE Staff By Employment Status Responsible Official 

(Name, Title, Office 

Full Time Part Time Collateral Duty Email) 

Section 508 Compliance 0 0 1 Michael Chirico, Section 

508 Coordinator 

Mchirico@fmshrc.gov 

Special Emphasis Program for PWD and 

PWTD 

0 0 2 Michael Chirico, 

Disability Program 

Coordinator 

Mchirico@fmshrc.gov 

twhisnant@fmshrc.gov 

Answering questions from the public about 

hiring authorities that take disability into 

account 

0 0 2 Lisa Boyd, 

lboyd@fmshrc.gov 

Tammy Russell (OED), 

trussell@fmshrc.gov 

Architectural Barriers Act Compliance 0 0 1 Theodosia Villatoro-Sorto 

(OED) 

tvillatorosorto@fmshrc.gov 

Processing applications from PWD and PWTD 0 0 1 Lisa Boyd, Executive 

Director 

(Office of the Executive 

Director / OED) 

Processing reasonable accommodation requests 

from applicants and employees 

0 0 1 Michael Chirico, 

Disability Program 

Coordinator (OED) 

Mchirico@fmshrc.gov 

3. Has the agency provided disability program staff with sufficient training to carry out their responsibilities during the

reporting period? If “yes”, describe the training that disability program staff have received. If “no”, describe the training

planned for the upcoming year.

Answer Yes 

Relevant personnel are required to take an online training course on hiring and retaining individuals with disabilities. This training 

is provided biennially and whenever new personnel takes on relevant duties. 

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. 
Federal Mine Safety and Health Review 

Commission

FY 2020

Page 3

Answer Yes 

Section III: Program Deficiencies In The Disability Program 

Section IV: Plan to Recruit and Hire Individuals with Disabilities 

Pursuant to 29 C.F.R. §1614.203(d)(1)(i) and (ii), agencies must establish a plan to increase the recruitment and hiring of 

individuals with disabilities. The questions below are designed to identify outcomes of the agency’s recruitment program plan for 

PWD and PWTD 

A. PLAN TO IDENTIFY JOB APPLICATIONS WITH DISABILITIES

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

targeted disabilities.

Schedule A Hiring Authority, USAJOBS pool of applicants self-identified as having a disability, and Veterans Preference 

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 Commission uses Schedule A and Veterans Recruitment appointments. 

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.

The Commission determines eligibility by reviewing the applicant's status in USA JOBS . This database of federal applicants 

designates individuals that are eligible under a Schedule A hiring authority. The hiring official is able to download medical 

documentation that verifies an individual has a disability, which meets a medical criteria listed on Standard Form 256. The 

applicant’s resume is then compared to the position description to ensure that the applicant meets the standards listed under 

“Knowledge Required for the Position.” (2) Upon management selection of an applicant, the resume and additional paperwork is 

submitted to personnel for review and concurrence indicating that the applicant meets all qualification standards presented in the 

position description and the appropriate grade level. Once personnel approve the package, the servicing personnel HR specialist 

may require the applicant to submit additional paperwork to them directly. The Executive Director and designated staff are notified 

by personnel with the approval to appoint, and at the approved grade level based on the qualification standards. 

4. Has the agency provided training to all hiring managers on the use of hiring authorities that take disability into account

(e.g., Schedule A)? If “yes”, describe the type(s) of training and frequency. If “no”, describe the agency’s plan to provide

this training.

Answer Yes 

Hiring managers are included in the training on hiring and retaining individuals with disabilities taken by disability program staff. 

This training is provided biennially and whenever new personnel takes on relevant duties. 

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. 
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Commission

FY 2020

Page 4

The Commission established contacts with law-related disability employment organizations to diversify outreach for our law clerk 

recruiting (ex. Bar Association / Law School affinity groups) and with disability coordinators at colleges and universities where 

recruiting will take place.

C. PROGRESSION TOWARDS GOALS (RECRUITMENT AND HIRING)

1. Using the goals of 12% for PWD and 2% for PWTD as the benchmarks, do triggers exist for PWD and/or PWTD among

the new hires in the permanent workforce? If “yes”, please describe the triggers below.

a. New Hires for Permanent Workforce (PWD) Answer No 

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

We had no new hires that were PWTD. 

New Hires Total 

Reportable Disability Targeted Disability 

Permanent 

Workforce 

Temporary 

Workforce 

Permanent 

Workforce 

Temporary 

Workforce 

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

% of Total 

Applicants 

% of Qualified 

Applicants 

% of New Hires 

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

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

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

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

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

We had no new hires for MCO. 

New Hires to 

Mission- Critical 

Occupations 

Total 

Reportable Disability Targetable Disability 

Qualified 

Applicants New Hires Qualified Applicants New Hires 

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

Numerical Goal -- 12% 2% 

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

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

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

a. Qualified Applicants for MCO (PWD) Answer N/A 

b. Qualified Applicants for MCO (PWTD) Answer N/A 

No internal new hires for MCOs. 

4.
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Commission

FY 2020

Page 5

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

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

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

a. Promotions for MCO (PWD) Answer N/A 

b. Promotions for MCO (PWTD) Answer N/A 

No promotions to MCOs. 

Section V: Plan to Ensure Advancement Opportunities for Employees with 

Disabilities 

Pursuant to 29 C.F.R. §1614.203(d)(1)(iii), agencies are required to provide sufficient advancement opportunities for employees 

with disabilities. Such activities might include specialized training and mentoring programs, career development opportunities, 

awards programs, promotions, and similar programs that address advancement. In this section, agencies should identify, and provide 

data on programs designed to ensure advancement opportunities for employees with disabilities. 

A. ADVANCEMENT PROGRAM PLAN

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

The Commission plans to ensure PWD and PWTD have sufficient opportunities for advancement, in the positions where 

appropriate, by recruiting and assigning new employees to lateral positions and providing an opportunity for them to be reassigned 

to positions for which they qualify within the Commission. 

B. CAREER DEVELOPMENT OPPORTUNITES

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

Managers are encouraged to prepare individual development plans with employees, outlining courses to assist with career 

development opportunities where practical, and discussing options both within and outside of the agency. The EEO Director and the 

HR Director have discussed making this a required element of Supervisors and Managers, or otherwise requiring supervisors to 

develop individual plans for employees. The Commission does not have specific programs for career development. Also, employees 

are encouraged to explore training opportunities for career enhancement and to request training in those areas that would benefit 

them. 

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

supervisory recommendation/ approval to participate.

Career Development 

Opportunities 

Total Participants PWD PWTD 

Applicants (#) Selectees (#) 

 Applicants 

(%) Selectees (%) 

 Applicants 

(%) Selectees (%) 

Internship Programs 

Mentoring Programs 

Coaching Programs 

Training Programs 

Fellowship Programs 

Other Career Development 

Programs 

Detail Programs 

3.
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Commission

FY 2020

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

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

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

plan to provide the data in the text box. 

a. Applicants (PWD) Answer N/A 

b. Selections (PWD) Answer N/A 

N/A: Agency does not have this type of career development program at this time although this will be shared with the HR Director 

and discussed at our next quarterly meeting. 

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

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

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

plan to provide the data in the text box.

a. Applicants (PWTD) Answer N/A 

b. Selections (PWTD) Answer N/A 

N/A: Agency does not have this type of career development program. 

C. AWARDS

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

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

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

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

Time-Off Awards Total (#) 

Reportable 

Disability % 

Without Reportable 

Disability % 

Targeted Disability 

% 

Without Targeted 

Disability % 

Cash Awards Total (#) 

Reportable 

Disability % 

Without Reportable 

Disability % 

Targeted Disability 

% 

Without Targeted 

Disability % 

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

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

a. Pay Increases (PWD) Answer No 

b. Pay Increases (PWTD) Answer No 

Other Awards Total (#) 

Reportable 

Disability % 

Without Reportable 

Disability % 

Targeted Disability 

% 

Without Targeted 

Disability % 

3. If the agency has other types of employee recognition programs, are PWD and/or PWTD recognized disproportionately

less than employees without disabilities? (The appropriate benchmark is the inclusion rate.) If “yes”, describe the

employee recognition program and relevant data in the text box.

a. Other Types of Recognition (PWD) Answer N/A 
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Commission

FY 2020

Page 7

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

D. PROMOTIONS

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

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

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

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

plan to provide the data in the text box.

a. SES

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

ii. Internal Selections (PWD) Answer N/A 

b. Grade GS-15

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

ii. Internal Selections (PWD) Answer N/A 

c. Grade GS-14

i. Qualified Internal Applicants (PWD) Answer No 

ii. Internal Selections (PWD) Answer N/A 

d. Grade GS-13

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

ii. Internal Selections (PWD) Answer N/A 

We had one employee promoted to a senior grade level in FY 2021. 

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

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

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

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

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

a. SES

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

ii. Internal Selections (PWTD) Answer N/A 

b. Grade GS-15

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

ii. Internal Selections (PWTD) Answer N/A 

c. Grade GS-14

i. Qualified Internal Applicants (PWTD) Answer Yes 
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Commission

FY 2020

Page 8

ii. Internal Selections (PWTD) Answer N/A 

d. Grade GS-13

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

ii. Internal Selections (PWTD) Answer N/A 

There is a trigger for PWTD . 

3. Using the qualified applicant pool as the benchmark, does your agency have a trigger involving PWD among the new hires

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

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

provide the data in the text box.

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

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

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

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

We had no new hires to the senior grade levels. 

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

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

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

provide the data in the text box.

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

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

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

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

See above. 

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

supervisory

positions? (The appropriate benchmarks are the relevant applicant pool for qualified internal applicants and the qualified

applicant pool for selectees.) If “yes”, describe the trigger(s) in the text box. Select “n/a” if the applicant data is not

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

a. Executives

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

ii. Internal Selections (PWD) Answer N/A 

b. Managers

i. Qualified Internal Applicants (PWD) Answer No 

ii. Internal Selections (PWD) Answer N/A 
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Commission

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c. Supervisors

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

ii. Internal Selections (PWD) Answer N/A 

No trigger found. 

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

to supervisory positions? (The appropriate benchmarks are the relevant applicant pool for qualified internal applicants and

the qualified applicant pool for selectees.) If “yes”, describe the trigger(s) in the text box. Select “n/a” if the applicant data

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

a. Executives

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

ii. Internal Selections (PWTD) Answer N/A 

b. Managers

i. Qualified Internal Applicants (PWTD) Answer Yes 

ii. Internal Selections (PWTD) Answer N/A 

c. Supervisors

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

ii. Internal Selections (PWTD) Answer N/A 

We do not have any PWTD, so there is a trigger for this category for promotion of internal applicant to a manager position, 

7. Using the qualified applicant pool as the benchmark, does your agency have a trigger involving PWD among the selectees

for new hires to supervisory positions? If “yes”, describe the trigger(s) in the text box. Select “n/a” if the applicant data is

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

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

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

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

We did not have any new hires to a supervisory position. 

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

selectees for new hires to supervisory positions? If “yes”, describe the trigger(s) in the text box. Select “n/a” if the

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

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

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

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

see above 
Federal Mine Safety and Health Review 

Commission

FY 2020

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Section VI: Plan to Improve Retention of Persons with Disabilities

To be model employer for persons with disabilities, agencies must have policies and programs in place to retain employees with 

disabilities. In this section, agencies should: (1) analyze workforce separation data to identify barriers retaining employees with 

disabilities; (2) describe efforts to ensure accessibility of technology and facilities; and (3) provide information on the reasonable 

accommodation program and workplace assistance services.

A. VOLUNTARY AND INVOLUNTARY SEPARATIONS

1. In this reporting period, did the agency convert all eligible Schedule A employees with a disability into the competitive 

service after two years of satisfactory service (5 C.F.R. § 213.3102(u)(6)(i))? If “no”, please explain why the agency did 

not convert all eligible Schedule A employees.

Answer N/A

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

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

a.Voluntary Separations (PWD) Answer No

b.Involuntary Separations (PWD) Answer No

Seperations Total # Reportable Disabilities %

Without Reportable 

Disabilities %

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

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

a.Voluntary Separations (PWTD) Answer No

b.Involuntary Separations (PWTD) Answer No

Seperations Total # Targeted Disabilities %

Without Targeted Disabilities 

%

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.

N/A

B. ACCESSIBILITY OF TECHNOLOGY AND FACILITIES

Pursuant to 29 CFR §1614.203(d)(4), federal agencies are required to inform applicants and employees of their rights under Section 

508 of the Rehabilitation Act of 1973 (29 U.S.C. § 794(b), concerning the accessibility of agency technology, and the Architectural 

Barriers Act of 1968 (42 U.S.C. § 4151-4157), concerning the accessibility of agency facilities. In addition, agencies are required to 

inform individuals where to file complaints if other agencies are responsible for a violation.

1. Please provide the internet address on the agency’s public website for its notice explaining employees’ and applicants’ 

rights under Section 508 of the Rehabilitation Act, including a description of how to file a complaint.

https://www.fmshrc.gov/documents/notice-rights-accessibility-technology-and-facilities
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2. Please provide the internet address on the agency’s public website for its notice explaining employees’ and applicants’ 

rights under the

Architectural Barriers Act, including a description of how to file a complaint.

https://www.fmshrc.gov/documents/notice-rights-accessibility-technology-and-facilities

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.

To our knowledge all agency facilities and technology are already accessible, however we will work to ensure that any future 

technologies are accessible, and work to ensure that we properly respond to any feedback and/or complaints regarding accessibility 

issues.

C. REASONABLE ACCOMMODATION PROGRAM

Pursuant to 29 C.F.R. § 1614.203(d)(3), agencies must adopt, post on their public website, and make available to all job applicants 

and employees, reasonable accommodation procedures.

1. Please provide the average time frame for processing initial requests for reasonable accommodations during the reporting 

period. (Please do not include previously approved requests with repetitive accommodations, such as interpreting services.)

We had three reasonable accommodation request s in FY2020. One was processed with in 21 days, the second was processed within 

10 working days, and the third was processed within 30 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.

During FY2020, the EEO Director and Reasonable Accommodation Coordinator reassessed the reasonable accommodation policy. 

Managers and supervisors were reminded to be aware of indirect reasonable accommodation requests when talking to their 

employees. This resulted in one of the three reasonable accommodation requests processed in FY2020.

D. PERSONAL ASSISTANCE SERVICES ALLOWING EMPLOYEES TO PARTICIPATE IN THE 

WORKPLACE

Pursuant to 29 CFR §1614.203(d)(5), federal agencies, as an aspect of affirmative action, are required to provide personal 

assistance services (PAS) to employees who need them because of a targeted disability, unless doing so would impose an undue 

hardship on the agency.

Describe the effectiveness of the policies, procedures, or practices to implement the PAS requirement. Some examples of 

an effective program include timely processing requests for PAS, timely providing approved services, conducting training 

for managers and supervisors, and monitoring PAS requests for trends.

Our PAS policy is included in our Reasonable Accommodations Policy. We have not yet processed any PAS requests.

Section VII: EEO Complaint and Findings Data

A. EEO COMPLAINT DATA INVOLVING HARASSMENT

1. During the last fiscal year, did a higher percentage of PWD file a formal EEO complaint alleging harassment, as compared 

to the governmentwide average?

Answer N/A
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2. During the last fiscal year, did any complaints alleging harassment based on disability status result in a finding of 

discrimination or a settlement agreement?

Answer N/A

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

B. EEO COMPLAINT DATA INVOLVING REASONABLE ACCOMMODATION

1. During the last fiscal year, did a higher percentage of PWD file a formal EEO complaint alleging failure to provide a 

reasonable

accommodation, as compared to the government-wide average?

Answer N/A

2. During the last fiscal year, did any complaints alleging failure to provide reasonable accommodation result in a finding of 

discrimination or a settlement agreement?

Answer N/A

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

Section VIII: Identification and Removal of Barriers

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

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

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

PWD and/or PWTD?

Answer No

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

Answer N/A

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

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

CONDITION THAT WAS 

A TRIGGER FOR A 

POTENTIAL BARRIER:

Provide a brief narrative 

describing the condition at 

issue.

How was the condition 

recognized as a potential 

barrier?

Workforce Data (if so identify the table)

Workforce Data Table - B1

The agency does not have any PWTD.

N

N

STATEMENT OF 

BARRIER GROUPS:

STATEMENT OF 

IDENTIFIED BARRIER:

Provide a succinct statement 

of the agency policy, 

procedure

or practice that has been 

determined to be the barrier 

of the 

undesired condition.

Barrier Group

People with Targeted Disabilities

Source of the Trigger:

Specific Workforce Data 

Table:

Barrier Analysis Process 

Completed?:

Barrier(s) Identified?:

Barrier Name Description of Policy, Procedure, or Practice

General category: 

recruitment

(Full barrier analysis not yet completed)

Objective(s) and Dates for EEO Plan

Date 

Initiated

Target Date Sufficient 

Funding / 

Staffing?

Date 

Modified

Date 

Completed

Objective Description

07/28/2020 09/30/2021 Yes Increase recruitment of PWTD, particularly in higher 

level positions, to meet 2% benchmark.

Responsible Official(s)

Title Name Standards Address The Plan?

EEO Director Kimberly Burch No

Disability Program Coordinator Michael Chirico No

Planned Activities Toward Completion of Objective

Target Date Planned Activities Sufficient

Staffing &

Funding?

Modified

Date

Completion

Date

09/30/2021 Widen use of resources such as USAJobs and Schedule 

A hiring to all positions within agency (ex. law clerks); 

provide refresher training on hiring and retaining 

individuals with disabilities for hiring personnel.

Yes
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Report of Accomplishments

Fiscal Year Accomplishment

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

The agency does not typically have turnover in permanent employees that require recruitment and hiring. Our law clerk pool 

consists of temporary employees, and in FY 2020, our agency formulated a plan to recruit from a broader selection of colleges and 

universities while seeking assistance from the disability coordinators at law schools in our recruitment search. Due to the telework 

situation that began in the second quarter of FY 2020, there were no recruitment campaigns for new law clerks.

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

barrier(s).

N/A

6. If the planned activities did not correct the trigger(s) and/or barrier(s), please describe how the agency intends to improve 

the plan for the next fiscal year.

N/A