Federal Hiring of Persons with Disabilities

November 28, 2022 R47316

Federal Hiring of Persons with Disabilities
November 28, 2022
Congress and various presidential Administrations have recognized a need to increase and
improve federal agencies’ efforts to recruit, hire, and retain persons with disabilities. Impacting
Taylor N. Riccard
the ability to meet this need are the processes to recruit, hire, and retain persons with disabilities,
Analyst in Government
which may differ significantly from those for persons without disabilities.
Organization and
Management
More broadly, Congress and recent presidential Administrations have also expressed an interest

in increasing diversity, equity, inclusion, and accessibility (DEIA) in the federal civil service.
Kathleen E. Marchsteiner
Efforts to increase federal employment of persons with disabilities may be viewed as aligning
Senior Research Librarian
with these broader DEIA goals. In 2021, President Joe Biden issued Executive Order 14035,

which emphasized his Administration’s focus on increasing DEIA in the federal workforce.

Under federal law, an individual with a disability is a person who (1) has a physical or mental
impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is
regarded as having such an impairment. Targeted disabilities are a subgroup of statutorily defined disabilities, which include
developmental disabilities, traumatic brain injuries, deafness or significant hearing difficulties, blindness, missing
extremities, significant mobility impairment, paralysis, epilepsy or other seizure disorders, intellectual disabilities, significant
psychiatric disorders, dwarfism, or significant disfigurement. The federal government collects information about federal
employee and federal employee applicant disabilities using the SF-256 Self Identification of Disability Form.
The Office of Personnel Management (OPM) has established guidance and recruitment strategies to increase federal
agencies’ hiring of persons with disabilities, which are accessible via OPM’s website. For example, the OPM website
contains information pertaining to resources such as the Chief Human Capital Officers’ Shared List of People with
Disabilities, Selective Placement Program Coordinators, and specific strategies for recruiting students with disabilities.
In some cases, federal agencies may use excepted service appointment authorities as an alternative to the competitive hiring
process. Excepted appointment authorities referred to as Schedule A may streamline the hiring process for persons with
disabilities. The Equal Employment Opportunity Commission (EEOC) has established guidance for federal agencies on the
use of Schedule A to hire persons with disabilities.
Despite efforts to increase recruitment and hiring of persons with disabilities, retention of employees with disabilities is
significantly lower than that of employees without disabilities. According to OPM, employees with disabilities leave the
federal government at about three times the rate of those without disabilities. OPM outlines a number of strategies to improve
retention of employees with disabilities, such as providing workplace flexibilities and reasonable accommodations.
On January 3, 2017, the EEOC released a final rule to amend regulations related to Section 501 of the Rehabilitation Act of
1973 (P.L. 93-112). Among other items, this rule sets the following goals for federal agencies: (1) a 12% representation rate
for persons with disabilities and (2) a 2% representation rate for persons with targeted disabilities. In practice, these
benchmarks are also used as hiring goals. In October 2003, the EEOC issued Management Directive 715 (MD-715), which
requires federal agencies to assess their own efforts in establishing and maintaining continuous programs of equal
employment opportunity and to submit an annual report to the EEOC that demonstrates these efforts and identifies areas for
improvement. According to the EEOC, for FY2014-FY2018, the 12% federal sector hiring goal for persons with disabilities
was exceeded in FY2014 and FY2015 but not in the following three years (FY2016-FY2018). The 2% hiring goal of persons
with targeted disabilities was reached only in FY2018. In addition, those with disabilities and targeted disabilities were more
likely to voluntarily or involuntarily separate from federal employment than were persons with no disability from FY2014 to
FY2018.
Congress may wish to consider topics related to the recruitment, hiring, and retention of persons with disabilities and persons
with targeted disabilities in federal agencies that may present opportunities for congressional oversight and legislative action,
including (1) the availability and quality of disability employment data, (2) the EEOC’s final rule on affirmative action for
persons with disabilities and persons with targeted disabilities in federal employment, and (3) federal agencies’ retention
rates for employees with disabilities.
Congressional Research Service

link to page 24 link to page 24 Federal Hiring of Persons with Disabilities

Introduction
The federal hiring process for persons with disabilities may differ significantly from the more
common federal hiring process for positions in the competitive civil service. Excepted
appointment authorities referred to as Schedule A allow agencies to hire qualified individuals
outside of the competitive hiring process. In addition, the Office of Personnel Management
(OPM) has established guidance and resources to aid federal agencies in the recruitment, hiring,
and retention of persons with disabilities.
This report provides an overview of the federal hiring authorities and processes that specifically
pertain to persons with disabilities. It also examines available data and statistics of federal hiring
of persons with disabilities over time and discusses potential options for congressional oversight
and legislation. This report does not examine the process of requesting reasonable
accommodations under the Americans with Disabilities Act.1
Background
Congress and various presidential Administrations have taken an interest in increasing federal
employment of persons with disabilities (see “Historical Overview of Executive Initiatives to
Advance Hiring of Persons with Disabilities in the Federal Government” below). On June 25,
2021, President Joe Biden issued “Executive Order (E.O.) on Diversity, Equity, Inclusion, and
Accessibility in the Federal Workforce,” which mandates that the federal government enhance its
ability to recruit, hire, develop, promote, and retain talented individuals to act as a model
employer for diversity, equity, inclusion, and accessibility (DEIA).2 In particular, Section 10 of
the E.O., “Advancing Equity for Employees with Disabilities,” requires agencies to take a
number of actions to enhance disability employment in federal agencies.
The E.O. also requires the director of OPM and the deputy director for management of the Office
of Management and Budget (OMB), in collaboration with relevant agency officials, to issue a
“Government-wide DEIA Plan.” The White House published a government-wide DEIA plan in
November 20213 that “offers a roadmap for implementing the Executive Order and lays out key
steps agencies can take to strengthen DEIA in their workforce policies, practices, and culture.”4 It
includes DEIA operating principles, a roadmap for agency action, and a framework to promote
safe and inclusive workplaces. Further, it required each executive agency to publish its own DEIA
strategic plan by March 23, 2022.5

1 P.L. 101-336, July 26, 1990 (104 Stat. 327).
2 E.O. 14035, “Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce,” 86 Federal Register 34593,
June 25, 2021.
3 OPM, “Government-Wide Strategic Plan to Advance Diversity, Equity, Inclusion, and Accessibility in the Federal
Workforce,” November 2021, https://www.whitehouse.gov/wp-content/uploads/2021/11/Strategic-Plan-to-Advance-
Diversity-Equity-Inclusion-and-Accessibility-in-the-Federal-Workforce-11.23.21.pdf.
4 OPM, “Government-Wide Strategic Plan,” p. 4.
5 OPM, “Government-Wide Strategic Plan,” p. 19. For an example of an agency-specific DEIA strategic plan, see U.S.
Department of Interior, “Department of the Interior Strategic Plan to Advance Diversity, Equity, Inclusion, and
Accessibility in the Federal Workforce,” March 2022, https://www.doi.gov/sites/doi.gov/files/doi-deia-strategic-plan-
march-2022.pdf.
Congressional Research Service

1

link to page 10 Federal Hiring of Persons with Disabilities

Definitions
Disability
Under federal law,6 an individual with a disability is a person who (1) has a physical or mental
impairment that substantially limits one or more major life activities,7 (2) has a record of such an
impairment, or (3) is regarded as having such an impairment.8 In this report, persons with
disabilities will be referred to as PWD.
Targeted Disability
Targeted disabilities are a subgroup of the aforementioned statutorily defined disabilities. The
U.S. Equal Employment Opportunity Commission (EEOC) states that “qualified individuals with
certain disabilities, particularly manifest disabilities, face significant barriers to employment that
are above and beyond the barriers faced by people with the broader range of disabilities … often
due to myths, fears, and stereotypes about such disabilities.”9 Targeted disabilities include
developmental disabilities, traumatic brain injuries, deafness or significant hearing difficulties,
blindness, missing extremities, significant mobility impairment, paralysis, epilepsy or other
seizure disorders, intellectual disabilities, significant psychiatric disorders, dwarfism, or
significant disfigurement.10 In this report, persons with specifically targeted disabilities will be
referred to as PWTD.
SF-256
The SF-256 Self Identification of Disability Form captures information about federal employee
and federal employee applicant disabilities. It can be used to note a new hire’s disability under
Schedule A or to identify an employee’s disability for data collection purposes (see “Schedule A”
below). While those hired under Schedule A are required to complete the SF-256 upon their
appointment,11 the submission of the self-identification form is considered voluntary for other

6 42 U.S.C. §12102.
7 Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing,
eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking,
communicating, and working. A major life activity also includes the operation of a major bodily function, including,
but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain,
respiratory, circulatory, endocrine, and reproductive functions (42 U.S.C. §12102 (2)(A-B)).
8 “An individual meets the requirement of ‘being regarded as having such an impairment’ if the individual establishes
that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical
or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. [This] shall not
apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or
expected duration of 6 months or less” (42 U.S.C. §12102 (3)).
9 EEOC, “Questions and Answers: The EEOC’s Final Rule on Affirmative Action for People with Disabilities in
Federal Employment,” January 3, 2017, https://www.eeoc.gov/laws/guidance/questions-answers-eeocs-final-rule-
affirmative-action-people-disabilities-federal.
10 More information on the specifics of targeted disabilities compared to other disabilities can be found on OPM’s SF-
256 Self Identification of Disability form at https://www.opm.gov/forms/pdf_fill/sf256.pdf.
11 While the SF-256 form is required for those hired under Schedule A, the EEOC notes, “Agencies should assure the
appointee that every precaution is taken to ensure the information provided is confidential and explain the importance
of keeping accurate data to determine an agency’s progress in meeting the requirements set forth in the Rehabilitation
Act of 1973. Employees should not be reprimanded or removed from service for declining to identify their disability
status.” That said, OPM notes that if persons hired under Schedule A do decline to identify their disability status, “their
correct disability code will be obtained from medical documentation used to support their appointment.” For more
Congressional Research Service

2

Federal Hiring of Persons with Disabilities

federal employees. Note that “agencies may ask individuals with disabilities who request or
receive accommodation to complete the SF-256 … but the agency cannot make completion of the
form a condition of providing reasonable accommodation.”12
The SF-256 form separates conditions into two categories: “targeted disabilities” and “other
disabilities.” In October 2016, OPM modified the SF-256 to “reflect changes to terms used to
describe targeted disabilities, serious health conditions, and other disabilities.”13 Individuals also
now have the option to note that they have disabilities or medical conditions without identifying
the specifics of their conditions.14 Additionally, while the form lists many disabilities, people can
note that they have disabilities or serious health conditions not listed on the form itself.
Selective Placement Program Coordinators (SPPCs)
SPPCs help federal agencies manage recruiting, hiring, and accommodating PWD.15 Most federal agencies have
SPPCs, and they may be involved in many aspects of the hiring process, such as recruitment and reasonable
accommodations. SPPCs work with both managers in federal agencies and job seekers with disabilities. SPPCs
advise managers about available candidates with disabilities. They help managers determine the core duties of
positions and evaluate potential obstacles to successfully completing those duties for employees with disabilities.
SPPCs provide information to job seekers with disabilities on employment opportunities and accommodations.
OPM maintains a SPPC Directory, which can be accessed via the OPM website.16 OPM updates the directory on
an as-needed basis. Users are able to filter their searches by agency or state in order to locate SPPCs in areas of
interest to them.
Recruiting
On July 26, 2010, President Barack Obama issued an E.O. titled “Increasing Federal Employment
of Individuals with Disabilities,” which stated that it was a priority of the federal government to
recruit PWD into positions in the federal workforce.17 Specifically, the E.O. required “federal
agencies to increase the hiring of people with disabilities by 100,000 between 2010 and 2015.”18
It required the director of OPM—in collaboration with the Secretary of Labor, the chair of the
EEOC, and the director of OMB—to develop recruitment and hiring strategies to increase federal
employment of PWD. It also required federal agencies to develop plans for recruiting PWD and

information, see EEOC, “The ABCs of Schedule A Disability Program Managers and Selective Placement Program
Coordinators,” https://www.eeoc.gov/publications/abcs-schedule-disability-program-managers-selective-placement-
program-coordinators; and OPM, SF-256, https://www.opm.gov/forms/pdf_fill/sf256.pdf.
12 EEOC, “Questions and Answers: Promoting Employment of Individuals with Disabilities in the Federal Workforce,”
September 3, 2008, https://www.eeoc.gov/laws/guidance/questions-answers-promoting-employment-individuals-
disabilities-federal-workforce#fn1.
13 OPM and EEOC, “Resources for Disability Self-Identification Efforts,” memorandum, October 23, 2018,
https://chcoc.gov/content/resources-disability-self-identification-efforts.
14 Specific information on the differences between the old and updated SF-256 is available in Attachment 3 of OPM
and EEOC, “Resources for Disability Self-Identification Efforts.”
15 OPM, “Policy, Data Oversight: Disability Employment, Selective Placement Program Coordinator,”
https://www.opm.gov/policy-data-oversight/disability-employment/selective-placement-program-coordinator/.
16 OPM, “Disability Employment: Selective Placement Program Coordinator (SPPC) Directory,”
https://www.opm.gov/policy-data-oversight/disability-employment/selective-placement-program-coordinator-directory/
.
17 E.O. 13548, “Increasing Federal Employment of Individuals with Disabilities,” 75 Federal Register 146, July 26,
2010.
18 OPM, “Policy, Data, Oversight: Disability Employment,” https://www.opm.gov/policy-data-oversight/disability-
employment/recruiting/#url=OPM-CHCO-Shared-List-of-People-with-Disabilities.
Congressional Research Service

3

Federal Hiring of Persons with Disabilities

to designate senior-level agency officials to be accountable for developing and implementing
these plans within their agencies.
The OPM website includes numerous webpages with guidance and recruitment strategies to
increase federal agencies’ hiring of PWD.19 These webpages contain, among other things,
information pertaining to the following:
 OPM Chief Human Capital Officers’ Shared List of People with Disabilities.
The Chief Human Capital Officers (CHCO) Council developed a recruitment
resource called the “Shared List of People with Disabilities.” This resource is a
“database of candidates with disabilities who are eligible to apply for
employment through the Schedule A hiring authority.”20 Job seekers with
disabilities may submit resumes to be included in the list. Federal agencies may
access the list and browse candidates via OMB’s MAX Web portal.21
 State Vocational Rehabilitation Agencies and State Disability Service
Agencies. OPM directs federal agencies to work with State Vocational
Rehabilitation Agencies and State Disability Service Agencies to recruit PWD for
federal employment. These agencies “assist with information regarding
accommodations, effective retention strategies, legal compliance, and training for
the agency’s organizations.”22 They may also provide the proof of disability
required by the Schedule A hiring authority to job seekers.23
 Ticket to Work Employment Networks. The Social Security Administration’s
Ticket to Work Program is for disability beneficiaries ages 18 to 64 who are
seeking employment.24 Tickets are issued to qualifying candidates who then
“may assign those tickets to an Employment Network of their choice to obtain
employment services, vocational rehabilitation services, or other support services
necessary to achieve a vocational (work) goal.”25
 Employment One-Stop Career Centers. The Workforce Investment Partnership
Act of 1998 established One-Stop Career Centers to centralize assistance for job
seekers.26 There are over 3,200 centers throughout the country, with locations in
each state.27
 Rehabilitation Services Administration. This agency is a component of the
Department of Education that assists agencies that provide vocational
rehabilitation to PWD.28

19 OPM, “Policy, Data, Oversight: Disability Employment, Recruiting Tips,” https://www.opm.gov/policy-data-
oversight/disability-employment/recruiting/#url=Recruiting-Tips.
20 OPM, “Policy, Data, Oversight: Disability Employment, OPM Chief Human Capital Officers’ Shared List of People
with Disabilities,” https://www.opm.gov/policy-data-oversight/disability-employment/recruiting/#url=OPM-CHCO-
Shared-List-of-People-with-Disabilities.
21 OMB MAX, “Shared List of People with Disabilities, Recruiting Tips,” https://www.opm.gov/leaving/index.aspx?
link=https://community.max.gov/x/SpEZIQ.
22 OPM, “Policy, Data, Oversight: Disability Employment, Recruiting Tips.”
23 OPM, “Policy, Data, Oversight: Disability Employment, Recruiting Tips.”
24 Social Security Administration, “Ticket to Work,” https://www.ssa.gov/work/index.html.
25 OPM, “Policy, Data, Oversight: Disability Employment, Recruiting Tips.”
26 P.L. 105-220, August 7, 1998 (112 Stat. 936).
27 OPM, “Policy, Data, Oversight: Disability Employment, Recruiting Tips.”
28 U.S. Department of Education, “Welcome to RSA,” https://www2.ed.gov/about/offices/list/osers/rsa/index.html.
Congressional Research Service

4

Federal Hiring of Persons with Disabilities

In addition, OPM suggests using social networking platforms, electronic mailing lists, community
and governmental groups, Equal Opportunity Publications, and career centers at colleges and
universities to recruit PWD for federal employment.
OPM also provides specific strategies for recruiting students with disabilities.29 For example, the
Workforce Recruitment Program for College Students with Disabilities, which is jointly
administered by the Office of Disability Employment Policy with the Department of Labor and
the Department of Defense, connects “federal agencies nationwide with highly motivated post-
secondary students and recent graduates with disabilities.” The program provides summer
employment opportunities to college students with disabilities. These opportunities may lead to
permanent employment in the federal workforce. In addition, OPM recommends campus visits
and partnerships, professional organizations and publications, recruiting initiatives and events,
and the Pathways Programs to bolster disability recruitment efforts.
The EEOC, established by the Civil Rights Act of 1964,30 administers a national outreach and
education campaign called “The Leadership for the Employment of Americans with Disabilities
(LEAD) Initiative.” The purpose of the initiative is to “address the declining numbers of
employees with targeted disabilities in the federal workforce.”31 While the initiative is not directly
involved in the hiring process, its staff works to encourage federal agencies to hire, advance, and
retain more PWTD. It does this by working to increase awareness of federal employment trends
for PWTD, educating hiring officials within federal agencies on the special hiring authorities that
are available to them, and educating job seekers with targeted disabilities on the federal hiring
process.
Hiring
Federal law categorizes federal civilian employees into three types of service: (1) the competitive
service, (2) the excepted service, and (3) the Senior Executive Service. These types of service
may be distinguished by different selection, compensation, and other standards.32 For competitive
service positions, “individuals must go through a competitive process (i.e. competitive
examining) which is open to all applicants. This process may consist of a written test, an
evaluation of the individual’s education and experience, and/or an evaluation of other attributes
necessary for successful performance in the position to be filled.”33 Most positions within the
executive branch are competitive service positions unless they are “specifically excepted by
statute, Executive Order, or by a determination of” OPM.34 Excepted service hiring authorities are
used to fill special or unusual jobs or when the competitive hiring procedures are considered
impractical. These authorities provide agencies with increased hiring flexibility and discretion.35

29 OPM, “Policy, Data, Oversight: Disability Employment, Student Programs,” https://www.opm.gov/policy-data-
oversight/disability-employment/recruiting/#url=Student-Programs.
30 P.L. 88-352, July 2, 1964 (78 Stat. 241).
31 EEOC, “The LEAD Initiative,” https://www.eeoc.gov/lead-initiative.
32 See CRS Report R45635, Categories of Federal Civil Service Employment: A Snapshot, by Jon O. Shimabukuro and
Jennifer A. Staman.
33 OPM, “Competitive Hiring,” https://www.opm.gov/policy-data-oversight/hiring-information/competitive-hiring/.
34 OPM, “Excepted Service Hiring Authorities: Their Use and Effectiveness in the Executive Branch,” July 2018,
https://www.opm.gov/policy-data-oversight/hiring-information/excepted-service/excepted-service-study-report.pdf.
35 5 C.F.R. §302.
Congressional Research Service

5

link to page 6 Federal Hiring of Persons with Disabilities

Schedule A
For PWD and PWTD, Schedule A excepted service hiring authorities may streamline the federal
hiring process. The Code of Federal Regulations (C.F.R.) contains two notable Schedule A
authorities.
Schedule A, 5 C.F.R. §213.3102(u)
This authority is used to hire “on a permanent, time-limited or temporary basis, a person with an
intellectual disability, a severe physical disability, or a psychiatric disability.”36 In order to be
hired under this authority, applicants must provide appropriate proof of disability.37 Acceptable
forms of proof of disability include
appropriate documentation (e.g., records, statements, or other appropriate information)
issued by a licensed medical professional (e.g., a physician or other medical professional
duly certified by a State, the District of Columbia, or a U.S. territory, to practice medicine);
a licensed vocational rehabilitation specialist (State or private); or any Federal agency,
State agency, or an agency of the District of Columbia or a U.S. territory that issues or
provides disability benefits.38
Agencies may appoint PWD in either a permanent or a temporary capacity. An agency may make
a permanent appointment if it determines that the applicant is likely to satisfactorily carry out the
duties of the position.39 The agency may make a temporary appointment if it “determines that it is
necessary to observe the applicant on the job to determine whether the applicant is able or ready
to perform the duties of the position.”40 An individual with a disability may be converted
noncompetitively to the competitive service if the hiring agency determines that he or she has
completed two years of satisfactory service.41
Schedule A, 5 C.F.R. §213.3102(ll)
This excepted authority allows agencies to create “positions as needed of readers for blind
employees, interpreters for deaf employees and personal assistants for handicapped employees,
filled on a full-time, part-time, or intermittent basis.”42
Hiring Resources
The EEOC has created five guides to facilitate the use of Schedule A to hire PWD. These five
guides are referred to as “The ABCs of Schedule A,” and the various versions are designed for (1)
hiring managers, (2) human resources professionals, (3) disability program managers, (4) service
providers, and (5) applicants with disabilities.43 In addition, various federal agencies have created
guidance documents for Schedule A hiring authorities within their organizations. For example, the

36 5 C.F.R. §213.3102(u)(1).
37 5 C.F.R. §213.3102(u)(3)(i). In addition, upon hiring, PWD or the agency human resources office is required to
complete the SF-256 Self Identification of Disability Form (see “SF-256”).
38 5 C.F.R. §213.3102(u)(3)(ii).
39 5 C.F.R. §213.3102(u)(4).
40 5 C.F.R. §213.3102(u)(5)(i).
41 5 C.F.R. §213.3102(u)(6)(i).
42 5 C.F.R. §213.3102(ll).
43 EEOC, “The ABCs of Schedule A,” https://www.eeoc.gov/abcs-schedule.
Congressional Research Service

6

link to page 15 Federal Hiring of Persons with Disabilities

U.S. Department of Transportation’s website includes a page titled “Employment of People with
Disabilities,” which contains information and guidance for applicants with disabilities, agency
managers, and students with disabilities.44
In addition, the EEOC issued guidance for federal agencies related to disability-related inquiries
and medical examinations of applicants with disabilities.45 The guidance explains that “an
employer may not ask disability-related questions and may not conduct medical examinations
until after it makes a conditional job offer to the applicant.”46 Agencies are permitted to ask about
(1) an applicant’s ability to carry out specific job functions, (2) an applicant’s qualifications and
skills, and (3) how the applicant would perform job tasks.47 In addition, the guidance provides
examples of acceptable and unacceptable disability-related questions for agencies.48
Retention
Federal agencies also have an interest in improving their retention of employees with disabilities.
According to OPM, PWD/PWTD “leave the Federal Government at three times the rate of those
without a disability.”49 For a more detailed discussion of separation trends for federal employees
with disabilities, see “Separation Trends” below. A report issued by the Government
Accountability Office (GAO) noted that despite increased federal hiring of PWD in recent years,
retention of employees with disabilities is significantly lower than that of employees without
disabilities: “About 39 percent of individuals with disabilities hired during 2011 through 2017
stayed less than 1 year and approximately 60 percent stayed less than 2 years.”50 OPM does not
track or report retention data for employees with disabilities.51 OPM outlines a number of
strategies to improve retention of employees with disabilities, including improving accessibility
for PWD, providing training opportunities, using workplace flexibilities, participating in agency-
wide events for PWD, conducting exit interviews, providing reasonable accommodations, and
conducting succession planning with PWD in mind.52
Federal Employment of Persons with Disabilities
over Time
Federal employment levels, as well as voluntary and involuntary separation levels, for PWD and
PWTD have varied over time. The following examines available data on federal hiring and

44 U.S. Department of Transportation, “Employment of People with Disabilities,” https://www.transportation.gov/drc/
employment-people-disabilities.
45 EEOC, “Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations,” October
10, 1995, https://www.eeoc.gov/laws/guidance/enforcement-guidance-preemployment-disability-related-questions-and-
medical.
46 EEOC, “Enforcement Guidance.”
47 EEOC, “Enforcement Guidance.”
48 EEOC, “Enforcement Guidance.”
49 OPM, “Disability Employment: Retention,” https://www.opm.gov/policy-data-oversight/disability-employment/
retention/.
50 GAO, Disability Employment: Hiring Has Increased but Actions Needed to Assess Retention, Training, and
Reasonable Accommodation Efforts, GAO-20-384, June 11, 2020, p. 2, https://www.gao.gov/assets/gao-20-384.pdf.
51 GAO, Disability Employment.
52 GAO, Disability Employment.
Congressional Research Service

7

Federal Hiring of Persons with Disabilities

separation trends for PWD and PWTD. It also analyzes selected agencies as case studies. For the
purposes of this report, in a given year:53
 Representation includes persons currently employed by the individual agencies,
which may include those newly hired, whereas
 Hiring includes persons newly offered positions by the individual agencies.
Due to the voluntary nature of the disclosure of one’s disability status, please note the data
presented below may be under-representative of the employment or hiring of PWD and PWTD by
the federal government.
Equal Employment Opportunity Commission Rule on Affirmative
Action for Persons with Disabilities in Federal Employment
On January 3, 2017, the EEOC released a final rule to amend regulations related to Section 501 of
the Rehabilitation Act of 1973.54 It went into effect on March 6, 2017.
The final rule mandates that federal agencies “adopt employment goals for individuals with
disabilities, with sub-goals for individuals with targeted disabilities, provide personal assistance
services to certain employees who need them because of a disability, and meet a number of other
requirements designed to improve the recruitment, hiring, retention, and advancement of
individuals with disabilities in the federal workforce.”55
Among other items, this rule sets the following goals for federal agencies:
 12% representation rate for PWD, and
 2% representation rate for PWTD.56
These goals relate to General Schedule grades 1 through 10 and grades 11 through Senior
Executive Service or equivalent.57
The April 2022 EEOC report, “The EEO Status of Workers with Disabilities in the Federal
Sector” (further discussed below), discusses these percentages through the lens of hiring goals:
“EEOC regulations establish that all federal agencies covered by 29 C.F.R. 1614.203 must have a
12% permanent hiring goal for PWD and a 2% permanent hiring goal for PWTD
representation.”58 As such, while the rule itself may set goals for representation rates of PWD and
PWTD, it appears that in practice the same benchmarks are used for hiring goals.

53 Note that the collection and reporting of data varies at the agency level.
54 EEOC, “Affirmative Action for Individuals with Disabilities in Federal Employment,” 82 Federal Register 654,
January 3, 2017.
55 EEOC, “Questions and Answers.”
56 The EEOC states, “The 2% goals are intended to be sub-goals. Disabilities that fall under the term ‘targeted
disability’ are a subset of those that fall under the term ‘disability’ as defined under Section 501. Thus, any employee
who has a targeted disability, and who therefore counts toward a 2% goal for individuals with targeted disabilities, will
necessarily have a condition that meets the Section 501 definition of ‘disability,’ and will therefore also count toward
the 12% goal for individuals with disabilities” (EEOC, “Affirmative Action for Individuals with Disabilities in Federal
Employment”).
57 EEOC, “Affirmative Action for Individuals with Disabilities in Federal Employment.”
58 EEOC, “The EEO Status of Workers with Disabilities in the Federal Sector,” April 2022, https://www.eeoc.gov/sites/
default/files/2022-04/
EEO%20Status%20of%20Workers%20with%20Disabilities%20in%20the%20Federal%20Sector.pdf.
Congressional Research Service

8

Federal Hiring of Persons with Disabilities

Management Directive 715 (MD-715)
In October 2003, the EEOC issued Management Directive 715 (MD-715),59 which serves as the
“policy guidance which the EEOC provides to federal agencies for their use in establishing and
maintaining effective programs of equal employment opportunity under Section 717 of Title VII
of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq., and Section
501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. §791 et seq.”60
The directive requires federal agencies to assess their own efforts in establishing and maintaining
continuous programs of equal employment opportunity.61 They must submit annual reports to the
EEOC that demonstrates these efforts and identifies areas for improvement.62 The six elements an
agency must review and report on are:
1. Demonstrated commitment from agency leadership,
2. Integration of equal employment opportunity (EEO) into the agency’s strategic
mission,
3. Management and program accountability,
4. Proactive prevention of unlawful discrimination,
5. Efficiency, and
6. Responsiveness and legal compliance.63
Although the MD-715 report contains 10 parts (A-J) and two additional sections of tables, the
composition of the submissions depends on agency workforce size.64 However, all agencies that
are required to submit reports must submit Part J regardless of workforce size.
In Part J, “the Special Program Plan for the Recruitment, Hiring, Advancement, and Retention of
Persons with Disabilities,” agencies must describe (1) efforts to reach regulatory goals; (2) plans
to ensure sufficient staff, training, and resources for their disability programs; (3) plans to recruit
and hire PWD and PWTD; (4) plans to ensure advancement opportunities for PWD and PWTD;
(5) plans to improve retention of PWD and PWTD; (6) EEO complaint and findings data; and (7)

59 Section 717 of Title VII, EEOC EEO MD-715, https://www.eeoc.gov/federal-sector/management-directive/section-
717-title-vii.
60 EEOC, “Frequently Asked Questions about Management Directive-715,” https://www.eeoc.gov/federal-sector/
management-directive/frequently-asked-questions-about-management-directive-715.
61 The MD-715 reporting requirement applies to all executive agencies and military departments (except uniformed
members) as defined in Sections 102 and 105 of Title 5 of the U.S. Code (including those with employees and
applicants for employment who are paid from non-appropriated funds), the U.S. Postal Service, the Postal Rate
Commission, the Tennessee Valley Authority, the Smithsonian Institution, and those units of the judicial branch of the
federal government having positions in the competitive service (EEOC, “The EEO Status of Workers with Disabilities
in the Federal Sector,” p. 39).
62 The EEOC developed an Agency Self-Assessment Checklist (Part G of MD-715) to assist federal agencies in
conducting their annual self-assessments. See EEOC, “MD-715—PART G Agency Self-Assessment Checklist,”
https://www.eeoc.gov/federal-sector/management-directive/md-715-part-g-agency-self-assessment-checklist.
63 EEOC, “Instructions to Federal Agencies for MD-715 Section I The Model EEO Program,” https://www.eeoc.gov/
federal-sector/management-directive/instructions-federal-agencies-md-715-section-i-model-eeo.
64 More information on which agencies are required to file what parts annually can be found under Section C of
“Instructions to Federal Agencies for MD-715: Section III Reporting Requirements and Line-by Line Instruction,” at
https://www.eeoc.gov/federal-sector/management-directive/instructions-federal-agencies-md-715-section-iii-reporting.
Congressional Research Service

9

link to page 15 link to page 15 link to page 15 Federal Hiring of Persons with Disabilities

efforts to identify and remove barriers when a trigger suggests that a policy, procedure, or practice
may be impeding the employment of a protected group.65
Equal Employment Opportunity Commission Report
In April 2022, the EEOC released “The EEO Status of Workers with Disabilities in the Federal
Sector,”66 a report analyzing trends among federal employees with disabilities from FY2014 to
FY2018 and examining the following topics:
 Participation of PWD and PWTD within the federal government;
 Employment stages of PWD and PWTD within the federal government
(including hiring, advancement, separation, and disability-related discrimination
complaints); and
 Improvement of accessibility for PWD within the federal government.
As mentioned previously, while the EEOC rule on affirmative action for PWD sets a 12% goal
and a 2% goal for representation rates of PWD/PWTD in federal agencies, respectively, this
report shows that in practice the same benchmarks appear to be used for hiring goals.
Hiring Trends
Below, CRS has included a figure directly from the EEOC report (Figure 1) to illustrate federal
sector permanent hiring trends from FY2014 to FY2018.
Figure 1 shows the percentage of permanent hires in the federal government reporting having any
disability, having a targeted disability, or not identifying their disability status from FY2014
through FY2018 based on agency MD-715 data.67
As part of their hiring efforts, agencies within the federal government are continuing their efforts
to reach EEOC’s regulatory goals: a 12% permanent hiring goal for PWD and a 2% permanent
hiring goal for PWTD. Figure 1 shows that while the 12% federal sector hiring goal was
exceeded in FY2014 and FY2015 but not in the following three years (FY2016-FY2018), the 2%
goal of PWTD was reached only in FY2018.

65 More information on Part J can be found at EEOC, “MD-715—Part J Special Program Plan for the Recruitment,
Hiring, Advancement, and Retention of Persons with Disabilities,” https://www.eeoc.gov/federal-sector/management-
directive/md-715-part-j-special-program-plan-recruitment-hiring.
66 EEOC, “The EEO Status of Workers with Disabilities in the Federal Sector,” April 2022, https://www.eeoc.gov/sites/
default/files/2022-04/
EEO%20Status%20of%20Workers%20with%20Disabilities%20in%20the%20Federal%20Sector.pdf.
67 More information on the EEOC’s methodology can be found at EEOC, “The EEO Status of Workers with
Disabilities in the Federal Sector,” p. 39.
Congressional Research Service

10

link to page 16 link to page 17 link to page 16 link to page 16

Federal Hiring of Persons with Disabilities

Figure 1. Federal Sector Permanent Hiring Trends
FY2014-FY2018

Source: Equal Employment Opportunity Commission, “The EEO Status of Workers with Disabilities in the
Federal Sector,” April 2022.
Notes:
The “Any Disability” category above refers to disabilities inclusive of targeted disabilities and non-targeted
disabilities.
The “Not Identified” category above refers to those who selected “I do not wish to identify my disability or
serious health condition” on OPM’s SF-256 (revised October 2016), those who selected “I do not wish to
identify my disability status” on OPM’s SF-256 (revised July 2010), or those who were otherwise coded as such
by federal personnel officers or OPM.
Separation Trends
Below, CRS has included two figures directly from the EEOC report (Figure 2 and Figure 3) to
illustrate federal sector voluntary and involuntary separation trends from FY2014 to FY2018.
Figure 2 shows the voluntary separations inclusion rates by disability status from FY2014
through FY2018 based on agency MD-715 data. Voluntary separations are “actions that end
employment with an agency that are initiated by the employee such as voluntary resignation and
non-mandatory retirement.”68 Figure 2 also shows that those with targeted disabilities and any
disability were more likely to voluntarily separate from federal employment than were persons
with no disability from FY2014 to FY2018.

68 EEOC, “The EEO Status of Workers with Disabilities in the Federal Sector,” p. 38.
Congressional Research Service

11

link to page 17 link to page 17

Federal Hiring of Persons with Disabilities

Figure 2. Federal Sector Voluntary Separations Inclusion Rates by Disability Status
FY2014-FY2018

Source: Equal Employment Opportunity Commission, “The EEO Status of Workers with Disabilities in the
Federal Sector,” April 2022
Notes:
The “Any Disability” category above refers to disabilities inclusive of targeted disabilities and non-targeted
disabilities.
The EEOC calculated the inclusion rate by dividing the number of people who separated within a disability status
group by the number of people in the permanent workforce in that disability status group.
Figure 3 shows the involuntary separations inclusion rates by disability status from FY2014
through FY2018 based on agency MD-715 data. Involuntary separations are “actions that end
employment with an agency that are not initiated by the employee such as reduction-in-force,
removals based on misconduct, delinquency, suitability, unsatisfactory performance, or failure to
qualify for a conversion to a career appointment, or mandatory retirement.”69 Figure 3 also shows
that those with targeted disabilities and any disability were more likely to involuntarily separate
from federal employment than were persons with no disability from FY2014 to FY2018.

69 EEOC, “The EEO Status of Workers with Disabilities in the Federal Sector,” p. 36.
Congressional Research Service

12

Federal Hiring of Persons with Disabilities

Figure 3. Federal Sector Involuntary Separations Inclusion Rates by Disability Status
FY2014-FY2018

Source: Equal Employment Opportunity Commission, “The EEO Status of Workers with Disabilities in the
Federal Sector,” April 2022
Notes:
The data used here do not delineate the exact causes of the involuntary separations, such as reduction in force,
removal, mandatory retirement, etc.
The “Any Disability” category above refers to disabilities inclusive of targeted disabilities and non-targeted
disabilities.
The EEOC calculated the inclusion rate by dividing the number of people who separated within a disability status
group by the number of people in the permanent workforce in that disability status group.
Case Studies
As the EEOC report above relies on data from FY2014 to FY2018, CRS searched government
websites and examined publicly available MD-715 reports from Cabinet agencies in an attempt to
identify more recent data regarding PWD in the federal government. The below data sets involve
hiring and separation trends of PWD and PWTD in select areas of the federal workforce from
FY2018 to FY2020.
Caveats
It appears to be at the individual agency’s discretion whether to make annual MD-715 reports and
tables publicly available. In some cases, agencies did not make their reports available publicly,
while others have made only their most recent reports public.70 Additionally, some agencies have

70 For example, while we did not locate public versions of FY2018 and FY2019 MD-715 reports for the Office of the
Director of National Intelligence, we did locate a FY2020 MD-715 in which the reported percentage of PWD among its
permanent new hires was 1.77% and for PWTD it was 0%. For more information, see Office of the Director of
Congressional Research Service

13

Federal Hiring of Persons with Disabilities

released several years of recent MD-715 reports, but it appears they did not note the percentage of
new hires of PWD or PWTD in each year’s submission, so these percentages could not be
included in the below data sets.71
Hiring Trends
The information presented below is a sample of hiring data identified by CRS within publicly
available MD-715 forms on individual Cabinet agency websites and, as such, should not be
considered comprehensive or exhaustive.
These data have been compiled from a select set of federal agencies to illustrate recent hiring
trends of PWD and PWTD from FY2018 to FY2020:
Table 1. Hiring of Persons with Disabilities for the Federal Government Permanent
Workforce (Percentage of New Hires)
FY2018-FY2020
EEOC
Department
FY2018
FY2019
FY2020
Regulatory Goal
Department of
13.40%
13.40%
13.40%
12.0%
Commerce
Department of
11.03%
10.97%
14.28%
12.0%
Homeland Security
(DHS)
Department of
11.30%
20.08%
17.81%
12.0%
Housing and Urban
Development
Source: Agency MD-715 Reports, Part J, Section III, C-1
Notes:
DHS disability workforce data includes (1) employees who self-identify as having disabilities, (2) employees
appointed under Schedule A, and (3) 30 percent or more disabled veterans who do not otherwise identify as
having a disability.
When excluding law enforcement and transportation security officer occupations, DHS reports that it surpassed
the 12% hiring goal for PWD in FY2019, representing 19.97% of hires.
Table 2. Hiring of Persons with Targeted Disabilities for the Federal Government
Permanent Workforce (Percentage of New Hires)
FY2018-FY2020
Department
FY2018
FY2019
FY2020
Regulatory Goal
Department of
2.67%
2.67%
2.67%
2.0%
Commerce

National Intelligence, “Affirmative Action Plan for the Recruitment, Hiring, Advancement, and Retention of Persons
with Disabilities,” Part J, Section III, C-1, p. 4, https://www.dni.gov/files/EEOD/documents/
ODNI_AAP_FY2020_Report.pdf.
71 For example, the Department of Treasury does not list the percentage of PWD or PWTD new hires in its FY2019 or
FY2020 MD-715 reports. See Department of the Treasury, “Management Directive 715,” Part J, Section III, C-1, p. 61,
https://home.treasury.gov/system/files/261/FY-2020-Treasury-MD-715-Report-%28ASM-Signed—Final%29.pdf.
However, the hiring percentages are listed in its FY2018 report in Part J, Section III, C-1, p. 57.
Congressional Research Service

14

Federal Hiring of Persons with Disabilities

Department
FY2018
FY2019
FY2020
Regulatory Goal
Department of
1.03%
1.08%
1.20%
2.0%
Homeland Security
(DHS)
Department of
Not available
4.44%
3.11%
2.0%
Housing and Urban
Development
Source: Agency MD-715 Reports, Part J, Section III, C-1
Notes:
DHS disability workforce data includes (1) employees who self-identify as having disabilities, (2) employees
appointed under Schedule A, and (3) veterans rated 30 percent or more disabled who do not otherwise identify
as having disabilities.
When excluding law enforcement and transportation security officer (TSO) occupations, DHS reports that the
percentage increases to 1.7% for PWTD in FY2018.
When excluding law enforcement and TSO occupations, DHS reports that it met the 2% hiring goal for PWTD
in FY2019, representing 2.02%.
When excluding law enforcement and TSO occupations, DHS reports that it met the 2% hiring goal for PWTD
in FY2020, representing 2.0%.
For DHS, it appears there has been a general increase in hiring of PWD and PWTD. Commerce’s
hiring, on the other hand, appears static based on this data. The Department of Housing and
Urban Development (HUD) had a significant increase in PWD in FY2019 and then a modest
decrease in FY2020, as well as a decrease of hiring PWTD from FY2019 to FY2020.
Differences in recent federal agency hiring data could be due to a few different reasons,
including:
 Some agencies may be attempting new recruiting and hiring practices.72
 Some new hires may be more willing to self-report disabilities than others are.
 In 2016, OPM modified the definition of PWD to include additional categories
and descriptors.73 As such, some new hires may now fall under these new
categories.
Separation Trends
The information below is a sample of separation data identified by CRS within publicly available
MD-715 forms on individual Cabinet agency websites and, as such, should not be considered
comprehensive or exhaustive.

72 As mentioned in the “Recruiting” section of this report, agencies have several avenues to recruit PWD and PWTD.
Some federal agencies note that they nurture partnerships with “non-traditional partners” with a higher demographic
representation of PWD and PWTD, including but not limited to Gallaudet University, the National Technical Institute
for the Deaf, Operation Warfighter’s program for disabled veterans, state vocational rehabilitation centers, etc. Others
participate in career fairs specifically for PWD and PWTD, host hiring webinars that target PWD and PWTD, maintain
partnerships with national disability advocacy groups, and use USAjobs.gov or the OPM Chief Human Capitol
Officers’ Shared List of People with Disabilities to search for resumes of applicants with disabilities. Additionally, not
all reporting agencies conduct the activities mentioned above. For more information, see Section IV: “Plan to Recruit
and Hire Individuals with Disabilities,” Part A of a variety of FY2020 agency MD-715 reports, including Commerce,
DHS, HUD, and others.
73 OPM, “Resources for Disability Self-Identification Efforts,” October 23, 2018, https://chcoc.gov/sites/default/files/
resources-disability-self-identification-efforts_508.pdf.
Congressional Research Service

15

link to page 20 Federal Hiring of Persons with Disabilities

These data have been compiled from a select set of federal agencies to illustrate recent separation
trends of PWD from FY2018 to FY2020. The percentages below in Table 3 display the following
for PWD, PWTD, and those with no disability at each selected agency: (1) overall separation
rates, (2) voluntary separation rates, and (3) involuntary separation rates. Note that numbers were
reported on these specific MD-715 reports only if the percentage of PWD or PWTD separating
exceeded that of persons without disabilities. If numbers were not reported, N/A was used below.
Table 3. Separation Rates of Persons from the Federal Government
FY2018-FY2020
Departments
FY2018
FY2019
FY2020
Department of
Overall Separations
Overall Separations
Overall Separations
Commerce
PWD: 9.5%
PWD: 7.5%
PWD: 7.5%
PWTD: 8.6%
PWTD: 8.1%
PWTD: 8.1%
No disability: 6.0%
No disability: 5.1%
No disability: 5.1%
Voluntary Separations
Voluntary Separations
Voluntary Separations
PWD: 8.2%
PWD: 6.8%
PWD: 6.8%
PWTD: 7.6%
PWTD: 7.3%
PWTD: 7.3%
No disability: 5.5%
No disability: 4.7%
No disability: 4.7%
Involuntary Separations
Involuntary Separations
Involuntary Separations
PWD: 1.5%
PWD: 0.8%
PWD: 0.8%
PWTD: 1.1%
PWTD: 0.9%
PWTD: 0.9%
No disability: 0.6%
No disability: 0.4%
No disability: 0.4%
Department of Homeland
Overall Separations
Overall Separations
Overall Separations
Security (DHS)
PWD: 8.49%
PWD: 9.07%
PWD: 8.68%
PWTD: 9.40%
PWTD: 10.57%
PWTD: 9.88%
No disability: 6.61%
No disability: 7.43%
No disability: 6.53%
Voluntary Separations
Voluntary Separations
Voluntary Separations
PWD: 7.60%
PWD: 5.94%
PWD: 5.20%
PWTD: 7.99%
PWTD: 7.60%
PWTD: 6.78%
No disability: 5.95%
No disability: 5.61%
No disability: 4.59%
Involuntary Separations
Involuntary Separations
Involuntary Separations
PWD: 0.89%
PWD: 3.13%
PWD: 3.48%
PWTD: 1.41%
PWTD: 2.97%
PWTD: 3.10%
No disability: 0.66%
No disability: 1.82%
No disability: 1.94%
Department of Housing
N/A
N/A
N/A
and Urban Development
(HUD)b
Source: CRS analysis of agency MD-715 reports, Part J, Section V(A).
Notes: The Department of Commerce’s overall separation percentages are listed as they appear in the agency’s
MD-715 reports. As DHS did not list overall separation rates in its MD-715 reports, the percentages listed
above are the sum of the agency’s voluntary and involuntary separation rates.
a. For DHS reporting purposes, resignation and retirement are counted as voluntary separations. Reduction in
force, removal, and other separations are counted as involuntary separations.
b. Per its MD-715 reports, HUD did not list its specific separation percentages because the percentage of
voluntarily or involuntarily separating PWD or PWTD did not exceed that of persons without disabilities
between FY2018 and FY2020.
Congressional Research Service

16

Federal Hiring of Persons with Disabilities

For the Department of Commerce since FY2018, it appears there has been a decrease of
separations as a whole. Though DHS’s overall separation numbers fluctuate from FY2018 to
FY2020, it appears the agency’s voluntary separation numbers declined for PWD, PWTD, and
persons with no disabilities. However, the department’s involuntary separation numbers increased
each year for each category of personnel from FY2018 to FY2020, with PWD being the highest
percentage (3.48%) of personnel to involuntarily separate from the department in FY2020.
Differences in recent federal agency separation rates could be due to a few different reasons:
 The EEOC reported in a 2021 press release that disability was the second most
frequently cited claim in workplace discrimination charges filed against federal
agencies in 2020. In that release, for FY2020, 24,324 discrimination claims cited
disability, which represented 36.1% of all 67,448 federal workplace
discrimination claims.74
 The COVID-19 pandemic beginning in FY2020 may have had an influence on
federal employees’ decisions to stay with or separate from their jobs.
Considerations for Congress
Congress and various presidential Administrations have taken actions to increase the recruitment,
hiring, and retention of PWD and PWTD in federal agencies. Related topics may present
opportunities for congressional oversight and legislative action. Potential areas of congressional
interest may include:
 availability and quality of disability employment data,
 the EEOC’s final rule on affirmative action for PWD and PWTD in federal
employment, and
 federal agencies’ retention rates for employees with disabilities.
Disability Employment Data
The SF-256 Self Identification of Disability Form captures information about a new hire’s
disability under the Schedule A hiring authority or may be used to identify an employee’s
disability for data collection purposes. PWD and PWTD hired under Schedule A are required to
complete the SF-256 upon their appointment.75 The submission of the self-identification

74 Claims citing disability are one of 10 different categories available as the basis for discrimination. Note that for each
discrimination claim, it is possible for claimants to allege multiple bases for discrimination. EEOC, “EEOC Releases
Fiscal Year 2020 Enforcement and Litigation Data,” press release, February 26, 2021, https://www.eeoc.gov/
newsroom/eeoc-releases-fiscal-year-2020-enforcement-and-litigation-data. More information on related statistics can
be found at EEOC, “Americans with Disabilities Act of 1990 (ADA) Charges (Charges filed with EEOC) (includes
concurrent charges with Title VII, ADEA, EPA, and GINA) FY 1997-FY 2021,” https://www.eeoc.gov/statistics/
americans-disabilities-act-1990-ada-charges-charges-filed-eeoc-includes-concurrent.
75 While the SF-256 form is required for those hired under Schedule A, the EEOC notes, “Agencies should assure the
appointee that every precaution is taken to ensure the information provided is confidential and explain the importance
of keeping accurate data to determine an agency’s progress in meeting the requirements set forth in the Rehabilitation
Act of 1973. Employees should not be reprimanded or removed from service for declining to identify their disability
status.” That said, OPM notes that if a person hired under Schedule A does decline to identify his or her disability
status, “their correct disability code will be obtained from medical documentation used to support their appointment.”
For more information, see EEOC, “The ABCs of Schedule A Disability Program Managers and Selective Placement
Program Coordinators,” https://www.eeoc.gov/publications/abcs-schedule-disability-program-managers-selective-
placement-program-coordinators; and OPM, SF-256, https://www.opm.gov/forms/pdf_fill/sf256.pdf.
Congressional Research Service

17

Federal Hiring of Persons with Disabilities

information is voluntary for other federal employees. Individuals may also note that they have
disabilities or medical conditions without identifying the specifics of their conditions.
The data collected by the SF-256 is self-reported and voluntary for individuals with disabilities
who are not hired using the Schedule A authority, which may raise questions regarding the
accuracy of disability employment data. Federal employees with disabilities may choose not to
disclose their disability statuses, which may cause an underestimation of the number of PWD in
the federal workforce. In addition, federal employees with disabilities may choose to disclose that
they have disabilities but choose not to disclose the specifics of their disabilities. This may lead to
a lack of information regarding the number of federal employees with specific types of
disabilities. Congress may wish to consider whether the current methods of disability
employment data collection are sufficient for oversight purposes.
Affirmative Action for People with Disabilities in Federal
Employment
The EEOC released a final rule to amend regulations related to Section 501 of the Rehabilitation
Act of 1973 on January 3, 2017.76 This rule sets a goal of a 12% representation rate for PWD and
a 2% representation rate for PWTD for federal agencies.77 These benchmarks are also used as
hiring goals. According to an EEOC report that was released in April 2022, “Among permanent
hires, the Federal government exceeded its 2% goal for hiring of PWTD (2.36% of permanent
appointments), but agencies failed to meet the 12% goal for PWD (11.20%).”78 The EEOC
includes PWTD who count towards the 2% goal in the counting of the broader 12% goal for
PWD.
If Congress wishes to consider options for legislation that may increase hiring of PWD and
PWTD, it could require the participation/hiring goals to be increased from their current levels. In
addition, Congress may consider implementing a penalty for agencies that do not meet the set
goals. There are currently no consequences for agencies that fail to meet these goals. Congress
might also consider whether the PWTD who are counted toward both the 2% hiring goal for
PWTD and the 12% hiring goal for PWD should continue to be double counted. Congress could
statutorily require agencies to meet a 12% hiring goal for PWD without counting those
considered PWTD toward that goal.
Retention of Federal Employees with Disabilities
Despite the fact that PWD and PWTD separate from employment with the federal government at
approximately three times the rate of those without disabilities,79 OPM does not track or report

76 EEOC, “Affirmative Action for Individuals with Disabilities in Federal Employment,” 82 Federal Register 654,
January 3, 2017.
77 The EEOC states, “The 2% goals are intended to be sub-goals. Disabilities that fall under the term ‘targeted
disability’ are a subset of those that fall under the term ‘disability’ as defined under Section 501. Thus, any employee
who has a targeted disability, and who therefore counts toward a 2% goal for individuals with targeted disabilities, will
necessarily have a condition that meets the Section 501 definition of ‘disability,’ and will therefore also count toward
the 12% goal for individuals with disabilities.” (EEOC, “Affirmative Action for Individuals with Disabilities in Federal
Employment).
78 EEOC, “The EEO Status of Workers with Disabilities in the Federal Sector,” p. 31.
79 OPM, “Disability Employment: Retention.”
Congressional Research Service

18

Federal Hiring of Persons with Disabilities

retention data for employees with disabilities.80 GAO published a report in June 2020 that made a
number of recommendations related to disability employment. One of these recommendations
was as follows:
The Director of OPM should routinely track and report retention data for employees with
disabilities and make such data available to federal agencies, including EEOC, through a
centralized web portal—such as MAX.gov. For example, OPM could track and report such
data by General Schedule level pay groupings, which could help pinpoint root causes that
contribute to retention rates, inform assessments of government-wide progress on
employee retention, and identify needed improvements.81
According to OPM, retention data for PWD is routinely tracked and made available to federal
agencies via the MAX.gov website.82 If Congress wishes to identify the causes of retention issues
for PWD and PWTD, it could statutorily require OPM to track and publicly report disability
employment retention data with more specific criteria.

80 GAO, Disability Employment.
81 GAO, Disability Employment.
82 OPM’s response as quoted in GAO, Disability Employment.
Congressional Research Service

19

Federal Hiring of Persons with Disabilities

Appendix. Historical Overview of Executive
Initiatives to Advance Hiring of Persons with
Disabilities in the Federal Government
Over the years, Presidents have issued E.O.s that detail initiatives or support for the federal
government to hire, employ, and advance PWD.
The table below includes E.O.s identified by CRS on the matter. This list may not be
comprehensive.
Table A-1. Executive Orders
Federal Register
Executive Order
Executive Order
President
Date
Citation
Number
Title
President Joe Biden
June 25, 2021
Vol. 86, No. 123, p.
E.O. 14035
“Diversity, Equity,
34593
Inclusion, and
Accessibility in the
Federal Workforce”
President Barack
August 18, 2011
Vol. 76, No. 163, p.
E.O. 13583
“Establishing a
Obama
52847
Coordinated
Government-Wide
Initiative to
Promote Diversity
and Inclusion in the
Federal Workforce”
President Barack
July 26, 2010
Vol. 75, No. 146, p.
E.O. 13548
“Increasing the
Obama
45039
Opportunity for
Individuals with
Disabilities to be
Employed in the
Federal
Government”
President Bill
January 10, 2001
Vol. 66, No. 11, p.
E.O. 13187
“The President’s
Clinton
3857
Disability
Employment
Partnership Board”
President Bill
October 25, 2000
Vol. 65, No. 209, p.
E.O. 13172
“Amendment to
Clinton
64577
Executive Order
13078, To Expand
the Role of the
National Task Force
on Employment of
Adults with
Disabilities to
Include a Focus on
Youth”
Congressional Research Service

20

Federal Hiring of Persons with Disabilities

Federal Register
Executive Order
Executive Order
President
Date
Citation
Number
Title
President Bill
July 26, 2000
Vol. 65, No. 146, p.
E.O. 13164
“Requiring Federal
Clinton
46565
Agencies to
Establish
Procedures to
Facilitate the
Provision of
Reasonable
Accommodation”
President Bill
July 26, 2000
Vol. 65, No. 146,
E.O. 13163
“Increasing the
Clinton
p. 46563
Opportunity for
Individuals With
Disabilities To Be
Employed in the
Federal
Government”
President Bill
February 8, 2000
Vol. 65, No. 28, p.
E.O. 13145
“To Prohibit
Clinton
6877
Discrimination in
Federal
Employment Based
on Genetic
Information”
President Bill
June 4, 1999
Vol. 64, No. 110, p.
E.O. 13124
“Amending the Civil
Clinton
31103
Service Rules
Relating to Federal
Employees with
Psychiatric
Disabilities”
President Bill
March 13,1998
Vol. 63, No. 52, p.
E.O. 13078
“Increasing
Clinton
13111
Employment of
Adults with
Disabilities”
President Ronald
May 10, 1988
Vol. 55, No. 92, p.
E.O. 12640
“The President’s
Reagan
16996
Committee on
Employment of
People with
Disabilities”
President Richard
September 9, 1969
Vol. 34, No. 174, p.
E.O. 11480
“The President’s
Nixon
14273
Committee on
Employment of the
Handicapped”
President John F.
February 14, 1962
Vol. 27, No. 33, p.
E.O. 10994
“The President’s
Kennedy
1447
Committee on the
Employment of the
Handicapped”
President John F.
April 27, 1962
Vol. 27, No. 84, p.
E.O. 11018
“Increasing From
Kennedy
4143
Three to Four the
Number of Vice
Chairmen of the
President’s
Committee on
Employment of the
Handicapped”
Congressional Research Service

21

Federal Hiring of Persons with Disabilities

Federal Register
Executive Order
Executive Order
President
Date
Citation
Number
Title
President Dwight D. October 10, 1955
Vol. 20, No. 201, p.
E.O. 10640
“The President’s
Eisenhower
7717
Committee on the
Employment of the
Physically
Handicapped”
President Harry S.
October 19, 1945
Vol. 10, No. 208, p.
E.O. 9644
“Authorizing the
Truman
13095
Civil Service
Commission to
Confer a
Competitive
Classified Civil-
service Status Upon
Certain Disabled
Veterans”
President Franklin
November 27, 1944 Vol. 9, No. 239, p.
E.O. 9503
“Appointment of
D. Roosevelt
14119
Disabled Veterans
Completing
Courses of
Instruction
Prescribed Pursuant
to the Act of March
24, 1943”
Source: Federal Register.
Notes: EO titles are listed as they appeared when issued.
This list does not include the following:
1. Presidential proclamations.
2. E.O.s related to PWD but not related to the hiring, employment, or advancement of PWD in the federal
workforce, such as E.O. 11914, “Nondiscrimination with Respect to the Handicapped in Federally Assisted
Programs;” E.O. 12994, “The President’s Committee for People with Intellectual Disabilities;” or E.O.
13217, “Community-Based Alternatives for Individuals with Disabilities.”
3. E.O.s related to employment that do not mention PWD. For example, though President Johnson’s E.O.
11246 (and its subsequent amendments) prohibits employment discrimination at the federal level on the
basis of race, color, religion, sex, gender identity, and national origin, this series of E.O.s does not mention
disability as a protected class.
4. E.O.s related to more administrative matters, such as E.O. 10555, “Establishing a Seal for the President’s
Committee on Employment of the Physically Handicapped.”

Author Information

Taylor N. Riccard
Kathleen E. Marchsteiner
Analyst in Government Organization and
Senior Research Librarian
Management

Congressional Research Service

22

Federal Hiring of Persons with Disabilities

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

Congressional Research Service
R47316 · VERSION 1 · NEW
23

Download PDF

Download EPUB

Revision History

Nov. 28, 2022

HTML · PDF

Metadata

Report Type: CRS Report

Source: CRSReports.Congress.gov

Raw Metadata: JSON