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Barrier Analysis Report:
Increasing the Use of the
Schedule A (Disability) Hiring
Authority
March 22,2021
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Introduction
As the Nation's largest employer, the Federal Government is working to become
a model organization with respect to the employment of individuals with disabilities. As
an agency, EPA continues to strive to build and sustain a model EEO program including
for people with disabilities. The Equal Employment Opportunity Commission (EEOC)
has established federal sector goals related to increasing the employment of individuals
with disabilities. EPA is committed to work diligently towards meeting these targets.
The Federal Government-wide goal established by EEOC states that the Federal
Government shall be a "model employer of individuals with disabilities," and that
"agencies shall give full consideration to the hiring, placement, and advancement of
qualified individuals with disabilities."1 In addition, the law requires that, "Agencies shall
take affirmative action to promote the recruitment, hiring, and advancement of qualified
individuals with disabilities, with the goal of eliminating under-representation of
individuals with disabilities in the federal workforce."2
EEOC's Management Directive 715 ("MD 715") provides policy guidance and
instructions to federal agencies for establishing and maintaining effective affirmative
programs of equal opportunity under Section 717 of Title VII of the Civil Rights Act of
1964 and the Rehabilitation Act.3 As one of its requirements, MD 715 directs federal
agencies to complete an internal review and analysis of its current and proposed
policies, practices, procedures, and conditions that, directly or indirectly, relate to the
employment of individuals with disabilities on an annual basis.4
1 See 29 CFR 1614.203 (c), https://www.law.cornell.edu/cfr/text/29/1614.203
2 See 29 CFR 1614.203 (c), https://www.law.cornell.edu/cfr/text/29/1614.203
3See Section 717 of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e-16; Section 501 of the
Rehabilitation Act of 1973, as amended by Pub. L. 99-506, 100 Stat. 1807, October 21, 1986.
4 See Instructions to Federal Agencies for EEO MD-715, https://www.eeoc.gov/federal-
sector/manaqement-directive/instructions-federal-aqencies-eeo-md-715-1
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According to the FY 2019 EPA MD 715 Report, EPA's workforce has a
representation of people with disabilities of 8.3% compared to 9.7% for the entire
federal government and the federal sector goal of 12% established by EEOC's Final
Rule on Affirmative Action for People with Disabilities in Federal Employment applicable
January 3, 2018.5
The Agency's workforce has become more diverse in many ways, including in
increasing the number of employees that work at EPA who have a disability; however,
the Agency still has work to do on this issue. One tool for hiring new candidates with
certain recognized disabilities is through the Schedule A Hiring Authority ("Schedule
A").6 This is an Appointing Authority that allows federal agencies to non-competitively
hire individuals with "severe physical disabilities, psychiatric disabilities, and intellectual
disabilities."7
Furthermore, federal regulations require that federal disability program
recruitment efforts are to include, at a minimum, "[u]se of programs and resources that
identify job applicants with disabilities ... who are eligible to be appointed under a hiring
authority that takes disability into account [Schedule A]... ,"8 Three principle ways EPA
can help meet this goal are as follows: 1) provide guidance to managers on EPA's
affirmative action obligations related to people with disabilities; 2) educate senior
leaders and managers about the benefits of Schedule A; and, 3) facilitate and promote
the active utilization of the authority.
Building a stronger Disability Recruitment Program is also consistent with the
spirit of Executive Order 13985 Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government9 This action plan helps ensure EPA
meets the Executive Order's instruction that, "It is therefore the policy of my
Administration that the Federal Government should pursue a comprehensive approach
to advancing equity for all, including people who have been historically underserved,
marginalized, and adversely affected by persistent poverty and inequality." Section 2 of
the Order makes it clear that the Order covers persons with disabilities.10
5 See 82 FR 654 (2017), available at http://www.federalreqister.qov/documents/2017/01/03/2016-
31397/affirmative-action-for-individuals-with-disabilities-in-federal-emplovment; 29 CFR 1614.203(d)(4) at
https://www.law.cornell.edu/cfr/text/29/1614.203; and Report on the Employment of Individuals with
Disabilities in the Federal Executive Branch for FY 2016 at
https://communitv.max.qov/displav/OPMExternal/Disabilitv+Emplovment+Reports+and+Data+Resources
(MAX.GOV login required). FY 2016 is the last year data was released as reconfirmed to EPA by the
Office of Personnel Management's Disability Employment Branch on March 11, 2021.
6 Please note that, while there are other types of Schedule A Appointments, in this document "Schedule
A" refers to the "Schedule A Disability" Appointment Authority under 5 CFR 213.3102(u), for hiring people
with severe physical disabilities, psychiatric disabilities, and intellectual disabilities.
7 See: 5 CFR §213.3102(u), https://www.law.cornell.edU/cfr/text/5/213.3102
8 See: 29 CFR 1614.203(d)(1)(i)(A), https://www.law.cornell.edu/cfr/text/29/1614.203
9 See https://www.federalreqister.gov/documents/2021/01/25/2021-01753/advancinq-racial-equitv-and-
support-for-underserved-communities-throuqh-the-federal-qovernment
10 See https://www.federalreqister.gov/documents/2021/01/25/2021-01753/advancinq-racial-equitv-and-
support-for-underserved-communities-throuqh-the-federal-qovernment
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It is also consistent with the EPA's EEO Policy Statement, which articulates the
expectation that, "Our EPA management team is expected to continue to provide first-
class leadership in supporting the Agency's EEO program by taking steps to promote
EEO in all facets of employment, including recruitment, hiring, promotion, performance
assessment, awards or career-development opportunities."11
Since 2011, EPA MD 715 Reports to EEOC show that it has not met the federal
sector goals for people with disabilities established by 29 CFR 1614.203(d)(7). The
agency has worked to improve its program, but during this eight-year period, progress
has been limited. The percentage representation of people with disabilities went from
6.4% in 2011 to 8.4% in 2019 - still below the 12% EEOC goal.
In 2018, the Office of Civil Rights (OCR) developed national priorities to address
lower than anticipated employment rates (also called participation rates) of people with
disabilities within the EPA workforce based on trend analysis and feedback from EEOC
to EPA.12 In 2019, EPA identified the "Increased Use of the Schedule A Hiring
Authority" as one of its National Priorities and continued to explore the root cause
analysis.
To address this National Priority, OCR launched the agency's most
comprehensive formal barrier analysis on a national level. The analysis focused on: 1)
identifying the root causes for EPA's low utilization of Schedule A; 2) analyzing whether
those factors identified contributed to the agency's less than anticipated numbers of
persons with disabilities in the workforce; and, 3) making recommendations based on
the data gathered to improve the use of Schedule A throughout the agency.
EPA MD 715 GOALS
Since 2011, EPA has
identified its
representation of people
with disabilities as a
challenge.
11 See https://www.epa.gov/ocr/eeo-policv
12 From 2011-2019, because EPA had less than anticipated representation of individuals with disabilities
or with targeted disabilities in the workforce and/or did not meet EEOC's goals established under 29 CFR
1614.203(d)(7), EPA consistently identified lower than anticipated participation rates and areas to be
improved in its Schedule A Program. See https ://i n tra n et. e pa ,g o v/ci vi I rig hts/ae re po rts. htm. including
EPA's 2011 MD 715 pp 76-81; 2012 MD 715 pp 76-84; 2013 MD 715 pp 77-86; 2014 MD 715 pp 70-74;
2015 MD 715 pp 77-85; 2016 MD 715 pp 69-78; 2017 MD 715 pp 87-117; 2018 MD 715 pp 68-91, and
2019 MD 715 pp 59-84. Please note that for this and other EPA-specific footnotes that follow, LAN
access or a Pulse Secure Connection is required.
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The reason EPA has identified the increased use of Schedule A is because active
utilization of Schedule A can assist EPA in hiring more individuals with disabilities in the
workforce quickly and efficiently. Notably, it allows hiring managers to select qualified
candidates with disabilities directly.
Hiring managers and the Shared Service Centers (SSCs) are not required to work
through a multi-step administrative process associated with the traditional hiring
process: there is no need to announce the vacancy on USAJobs, wait for candidate
lists, or review multiple certifications. In addition, hiring more individuals with disabilities
is a critical way to diversify the workforce and to include people with varied perspectives
who can enhance the way we accomplish our mission.
Schedule A candidates are typically hired for two-year excepted service
appointments. Therefore, there is an evaluation period in which the manager can
assess the candidate's performance before determining whether to convert the person
to the competitive civil service. If after that two-year excepted service appointment the
manager wants to convert the individual, the manager takes the simple, appropriate
steps to complete the conversion from excepted to competitive civil service.
Schedule A can be valuable in helping EPA address the lower than anticipated
participation rate of employees with disabilities in our workforce in major occupations,
which was identified as a trigger in the 2018 and 2019 MD 715 Reports. These include
the following occupational series: Environmental Protection Specialist (0028),
Miscellaneous Administrative Program Specialist (0301), Management and Program
Analyst (0343), General Biological Scientist (0401), Environmental Engineer (0819),
Physical Scientist (13010), and Attorney (0905). The MD 715 identifies these major
occupations as a critical focus area because that is where the agency does the most
hiring.
This report is the culmination of analysis, dialogue, and engagement with senior
management and staff related to improving our disability recruitment efforts. OCR,
consistent with guidance from EEOC, provides this report to summarize the findings of
the barrier analysis and to provide recommendations to senior leadership. This report
contains analysis and related recommendations that are intended to serve as a starting
point for building and enhancing the use of Schedule A in our continued effort to work
towards a model EEO program.
Executive Summary
People with disabilities have made extraordinary contributions to our
understanding of science and the world. It is noteworthy that some of the world's
greatest scientists have been people with disabilities, including Albert Einstein, Wanda
Dfaz-Merced, Stephen Hawking, Temple Grandin, Edwin Krebs, Florence Seibert, and
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Leonardo Da Vinci. People with disabilities make valuable contributions as public
servants across government, including here at EPA.
NATIONAL PRIORITY
EPA has identified
increasing the use of
Schedule A as a
National Civil Rights
Priority.
Yet, Congress found that historically, people with disabilities have been subjected to
discrimination by society because they were precluded from fully participating in all
aspects of society, and "because of prejudice, antiquated attitudes, or the failure to
remove societal and institutional barriers."13 To correct these wrongs and ensure that
persons with disabilities can contribute equally, the federal government has
implemented regulations specifically "to enhance the employment, retention, and
promotion of qualified individuals with disabilities in the federal government."14
The Office of Personnel Management notes that, "As the Nation's largest
employer, the Federal Government has a special responsibility to lead by example in
including people with disabilities in the workforce."15 According to the US Bureau of
Labor Statistics (BLS), in 2018 there were approximately 20.2 million civilians of working
age who had disabilities in the United States; nearly 12.6 million of those individuals
were unemployed.16
More recently, data shows that the Covid-19 Virus Pandemic has negatively
impacted people with disabilities.17 According to the BLS as cited by the Society of
Human Resource Management, between March and August 2020, "1 in 5 workers with
disabilities have been dismissed from employment, compared with 1 in 7 in the general
population."18
Since the passage of the Rehabilitation Act in 1973, the Federal Government has
worked to meet the requirement that "employers take affirmative action to recruit, hire,
13 See: 42 U.S.C. 12101, https://www.ada.gOv/pubs/adastatute08.htm#12101a
14 See: https://www.eeoc.qov/laws/quidance/questions-answers-eeocs-final-rule-affirmative-action-
people-disabilities-
federal#:~:text=Affirmative%20action%20for%20people%20with%20disabilities%20is%20not%20illeqal.,d
oes%20not%20have%20a%20disabilitv.
15 See: https://www.opm.qov/policv-data-oversiqht/disabilitv-emplovment/
16 Data from US Census Bureau Tool at (you must add your desired data variables to the web page):
https://data.census.oov/
17 See: https://www.dol.gov/agencies/oasp/evaluation/completedstudies/Employment-for-Persons-with-
Disability-Analysis-of-Trends-During-COVID-19-Pandemic.
18 See: https://www.shrm.org/resourcesandtools/leqal-and-compliance/emplovment-
law/paqes/coronavirus-unemplovment-people-with-disabilities.aspx
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promote, and retain individuals [with disabilities]."19 Executive Order 13548 on
Increasing Federal Employment of Individuals with Disabilities also noted that, "The
Federal Government has an important interest in reducing discrimination against
Americans living with a disability, in eliminating the stigma associated with disability,
and in encouraging Americans with disabilities to seek employment in the Federal
workforce. Yet Americans with disabilities have an employment rate far lower than that
of Americans without disabilities, and they are underrepresented in the Federal
workforce."20
BARRIER IDENTIFIED
The inadequate use of
Schedule A Authority by
hiring officials is a barrier to
EPA achieving the 12% hiring
goal for people with
disabilities reauired bv law.
EEOC similarly notes that, "Unfortunately, the vast majority of working age adults with
disabilities still face structural and attitudinal barriers that block their access to steady
employment and economic security."21 EEOC requires that agencies assess their
workforce and conduct a barrier analysis consistent with the requirements of MD 715.
EPA is committed to meeting its obligations under the law related to people with
disabilities to include an appropriate analysis to identify and address barriers.
EPA has not reached the targets required by EEOC in 29 CFR
1614.203(d)(7) and has identified its less than anticipated representation of
individuals with disabilities as a trigger and challenge area for corrective action in
its MD 715 Report for eight straight years.22
19 See: https://www.dol.qov/aqencies/ofccp/section-503#:~:text=Section%20503%20of%20the%2
0Rehabilitation.promote%2C%20and%20retain %20these%20individuals.
20 See Executive Order 13548 (July 26, 2010): https://www.govinfo.gov/content/pkg/FR-2010-Q7-
30/pdf/2010-18988.pdf
21 See EEOC's Recruiting, Hiring, Retaining, and Promoting People with Disabilities on page 5 at;
https://www.eeoc.gov/sites/default/files/miqrated files/eeoc/interaqencv/emplovinq people with disabiliti
es toolkit februarv 3 2015 v4-2.pdf
22 From 2011-2019, because EPA had less than anticipated representation of individuals with disabilities
and/or targeted disabilities in the workforce and/or did not meet EEOC's goals established under 29 CFR
1614.203(d)(7), EPA consistently identified deficiencies and areas to be improved in its Schedule A
Program. See: https://intranet.epa.gov/civilriohts/ae reports.htm including EPA's 2011 MD 715 pp 76-81;
2012 MD 715 pp 76-84; 2013 MD 715 pp 77-86; 2014 MD 715 pp 70-74; 2015 MD 715 pp 77-85; 2016
MD 715 pp 69-78; 2017 MD 715 pp 87-117; 2018 MD 715 pp 68-91, and 2019 MD 715 p 59-84. In the
MD-715 reports for 2011-15, the statement of condition that was a trigger focused on People with
Targeted Disabilities also, but the Agency has subsequently met the 2.0% goal.
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In 2019, OCR identified the increased use of Schedule A as a National Civil
Rights Priority. This report reflects on the current state of the program and puts forth
recommendations on diversifying the hiring authorities used by the agency as a means
of improving the participation rate of persons with disabilities in our workforce.
By using both quantitative and qualitative data as well as documentary analysis,
this report found that hiring officials rarely use this non-competitive disability Hiring
Authority (1 in every 42 hires for FY 2019). It is not a substantive part of the recruitment
programs for most Regions and Assistant Administratorships (AAships), even though it
can be a timely and effective way to bring candidates on board. Based on multiple
interviews, most managers indicated they would be open to consider the use of
Schedule A if they had better knowledge of how it worked and accompanying resources
to identify and potentially hire qualified candidates.
As a result of this analysis, EPA has identified that the inadequate use of
Schedule A by hiring officials is a barrier to EPA achieving the 12% hiring goal for
people with disabilities established in 29 CFR 1614.203(c).23
Once approved by Senior Leadership, the Office of the Administrator, OCR, and
Office of Mission Support (OMS) should be the proponent offices to track progress on
the implementation of the following recommendations consistent with their
responsibilities under Section 717 of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. § 2000e etseq., and Section 501 of the Rehabilitation Act of
1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 etseq. A summary of
recommendations to remedy this are as follows:
Recommendations (To Be Initiated in 2021-2022)
4 The SSCs should begin gathering and publishing data specific to the use of
Schedule A, including providing data quarterly to Regions and AAships so that
organizations can track their progress.
4 Senior Leaders, in consultation with OCR, Office of Human Resources (OHR),
and Mission Support Directors should clarify and communicate specific program
roles and responsibilities to the Deputy Civil Rights Officials (DCROs) regarding
disability hiring and the EPA target. This should include numerical goal setting
(either specific targets or a percentage of overall hires), active utilization of the
Workforce Recruitment Program, and aggressive efforts to find and hire qualified
disabled candidates.
23 This barrier analysis was not yet finalized in FY 2020, and therefore its findings are not included in
EPA's 2020 MD 715 Report.
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Consistent communication from the Administrator, OMS, and OCR to supervisors
and the workforce to further publicize Schedule A. The communication must
contain updated information, training, and success stories.
DCROs should designate a certain number of entry-level positions specifically for
Schedule A hiring.
The agency should develop, consistent with all legal requirements, including the
Privacy Act, a way to accept resumes directly from qualified Schedule A
candidates with disabilities and create a database or other mechanism to share
information about Schedule A candidates.
EPA must empower its National Disability Selective Placement Program
Coordinators to assist with recruitment.
EEO Officers, Project Management Officers (PMOs), HR Officers, and Disability
Employment Program Managers should be tasked to engage in proactive
recruitment efforts to help find Schedule A candidates on behalf of managers.
This includes searching relevant databases (e.g. www.wrp.gov) and contacting
college disability centers.
OHR should update EPA's HR Bulletin 10-009B, Procedures Schedule A
Appointments of a Person with Mental Retardation, Severe Physical Disabilities,
or Psychiatric Disabilities.
Senior Leaders should help publicize this National Civil Rights Priority to their
respective management teams and support the effort.
OHR should host an annual Disability Career Fair for Schedule A candidates at
EPA HQ and other locations where it is practical and many selections (10 or
more) are anticipated. This should include a virtual option.
EPA strives to build a culture that is supportive of diversity and inclusion, which
includes for people with disabilities. Incorporating these recommendations should
encourage leaders and relevant staff to increase the use of Schedule A, which should
assist to correct the under-representation of people with disabilities within EPA's
workforce.
Purpose
This report aims to: 1) analyze EPA policies, practices, and procedures related to
disability recruitment using the methodology outlined below to identify any barriers; 2)
assemble key findings as a result of that analysis; and, 3) construct sensible
recommendations for the consideration of senior leaders that will have a meaningful
impact on the hiring of people with disabilities.
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Methodology and Approach
The primary research methodologies utilized to complete this report include the
observation and analysis of quantitative employment statistical data and qualitative
data, including interviews, as well as documentary analysis.
Quantitative data included information from EPA's central personnel database
housed at the Department of Interior Business Center and accessed via the Oracle
Business Intelligence Enterprise Edition (OBIEE) on: 1) the overall representation of
individuals both with disabilities and targeted disabilities in the EPA workforce; 2) the
use of Schedule A for individuals with disabilities by Region and AAship; and, 3) the use
of Schedule A for individuals with disabilities by major occupation.
Qualitative data sources included more than 90 interviews with agency EEO
Officials, HR Officials, Representatives from the EPA First-Line Managers Group, OCR,
OMS, SSCs, OHR, and Senior Managers. These interviews included 7 interviews with
Disability Employment Program Managers, 19 with EEO Officials, 5 with National
Disability Managers and Staff, 16 with Senior Leaders, and 45 with Managers (including
representatives of OMS, SSCs, OHR, and the First-Line Managers Group). The data
also includes information from benchmarking conducted with other federal agencies
about their best practices, as the basis for the report, Enhancing EPA's Office of Civil
Rights: A Benchmarking Analysis of Mid-Sized Federal Agency Civil Rights Programs
with Recommendations in July 2019.24
Documentary analysis focused on reviewing existing agency and federal
guidance documents including a review of the Agency's 2011-2019 MD 715 Reports, 29
CFR 1614 - Federal Sector Equal Employment Opportunity, EEOC's corresponding
Final Rule on Affirmative Action for People with Disabilities in Federal Employment
effective January 3, 2017, EPA HR Bulletin 10-009B Schedule A Appointments of a
Person with Mental Retardation, Severe Physical Disabilities, or Psychiatric Disabilities,
and other documentation of federal best practices related to the use of Schedule A.
OCR established the increased use of Schedule A as one of its National
Priorities. As part of this process, EEO Officer (Region 7) Michael Butkovich served as
the National Project Lead, and Deputy Regional Administrators David Gray (Region 6)
and Ed Chu (Region 7) offered to serve as Executive Champions to help oversee and
champion the implementation of recommendations. This report is EPA's most
comprehensive, agency-approved barrier analysis plan.
EPA launched this effort to gather data and study existing policies, practices, and
procedures related to the use of Schedule A to identify any barriers to employment for
persons with disabilities. The plan was to: 1) gather data on the use of Schedule A
24 This analysis included benchmarking and personal one-on-one interviews with the EEO, Diversity,
and/or Civil Rights Directors or Designees of thirteen federal agencies. The EPA appreciates their
thoughtful insights and perspectives.
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throughout the agency; 2) address any barriers identified in the completed barrier
analysis to the increased use of Schedule A; and, 3) develop recommendations for the
Agency to consider adopting to enhance the program and bolster EPA's progress
towards meeting the federal-sector 12% hiring goal for people with disabilities.
Key Findings
1. Hiring officials do not regularly or consistently utilize Schedule A
to hire persons with disabilities.
Overall, Schedule A was not a significant source of new hires. In any given
year, between FY 2017-2019, about half of EPA Regions and AAships did not utilize
Schedule A for a single hire.25 Between FY 2017-2019, data shows that each year, the
Agency hired approximately 2% to 2.5% of new hires using Schedule A. In FY 2019, for
example, EPA used Schedule A for 22 of the agency's 907 external hires, or 2.4% of
the time (about 1 in 42).
Non-competitive appointments comprised about one in every four hires
(25%). These non-competitive appointments included 106 that required Interagency
Career Transition Assistance Plan (ICTAP) Clearance and 123 that did not. The
following charts are based on data from the Research Triangle Park (RTP) SSC. In FY
2019, the 907 external candidates that EPA selected joined EPA as follows:26
25 This is based on workforce data provided by the Research Triangle Park Shared Service Center based
on data from the agency's central personnel database.
26 For purposes of this graph, the "Appointed" category includes Attorney/Law Clerk, Veterans under the
Veterans Recruitment Authority (VRA) and the Veteran's Employment Opportunities Act, Schedule A
Disability, Post Doc, and Public Health Service. The "Appointed: ICTAP Clearance Required" includes
Peace Corps/VISTA and Reinstatement Eligibles. "Executive Resources" includes Schedule C, Safe
Drinking Water Act, SES-Non Career, and SES Career hires. Finally, the "USAJobs" category includes
Delegated Examining, Pathways, Transfers, Direct Hire, Title 42, and Innovation Fellows.
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Appointed: ICTAP
Clearance Required
106
Appointed _
123
Executive Resources
USAJobs
626
FY19AGENCY
External Hiring by Method
USAJobs
A posting to USAJobs satisfies OPM's requirement
for "public notice" of all Delegated Examining,
Pathways, Transfers, Direct Hire, and Authorities
unique-to-EPA: Title 42 and Innovation Fellows.
Appointed
Certain qualified candidates may be appointed
without competition: Attorneys and Law Clerks,
Veterans, persons with qualifying disabilities
(Schedule A), Post-Doctoral Students and PHS
officers. Peace Corps/Vista and Reinstatement
Eligibles may also be appointed but OPM requires
that the agency must first "Clear ICTAP".
Executive Resources
Political appointments, AD appointments, and SES
Career and Non-Career appointments comprise the
authorities for the Executive Resources service.
Of the 229 total individuals appointed non-competitively, only 22 (less than
10%) were hired through the Disability Recruitment Program (Schedule A). A
breakdown by appointment method follows:
HIRING METHOD
Appointed
PERCENTAGE OF AGENCY'S EXTERNAL HIRES
5% 4% 2% 2% <1%
Veteran S^he
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Many Regions and AAships are not aware of their current Schedule A
usage or disability federal sector goals. Many senior leaders and responsible staff
including DCROs, Senior Managers, First-Line Managers, EEO Officers, PMOs, HR
Officers, OCR Staff, Disability Special Emphasis Program Managers, and others report
that they are not aware of data related to Schedule A and many were unaware of the
12% federal sector goal for people with disabilities. Having data available more
regularly can help inform decision making and strategies in support of utilizing Schedule
A.
2. Managers and Supervisors receive limited support to implement
and understand disability recruitment (Schedule A) initiatives.
There are few resources to help managers identify qualified Schedule A
candidates on a consistent and easily accessible basis. Interviews with a sample of
45 managers suggest that managers would benefit from assistance in finding highly
qualified candidates. There are qualified Schedule A candidates that potentially could
help meet the agency's hiring needs, but agency managers and recruitment teams often
must put in a sustained effort to identify and recruit such candidates. Typically, EEO
Officers, PMOs, Disability Employment Program Managers, national program offices,
and the SSCs staff are not directly involved in recruitment activities for individuals with
disabilities.
The agency's Disability Selective Placement Program Coordinators and Disability
Special Emphasis Program Managers are unable to collect and efficiently distribute
resumes from qualified applicants because they are not made aware of agency hiring
needs and vacancy announcements. Further, there is no centralized manner with which
to solicit, collect, and distribute resumes to hiring officials. There is no systematic way
managers can find and interview Schedule A candidates.
Consequently, most managers and other responsible staff do not regularly collect
Schedule A resumes from potential candidates, independently access the Workforce
Recruitment Program (WRP) database, or contact local college disability career centers
to find resumes. Managers could use additional tools to help them identify individuals
with disabilities.
Many EPA managers do not understand how to effectively utilize Schedule
A and its benefits. Although SSCs include information about Schedule A in their
training presentations for managers, it is not regularly emphasized, and it is presented
as one of a multitude of hiring options instead of as a major focus area. Based on the
sample of 45 interviewees, many managers do not receive regular training on why hiring
people with disabilities matters, how it can help their organization, and specifically how
they can identify and potentially hire these candidates.
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VALUE OF A DATABASE
EPA's Peace Corps non-
competitive program has a
dedicated database, but the
Disability Program does not. In
2019, about 4 times more Peace
Corps candidates were appointed
than Schedule A candidates.
EPA has a database for other non-competitive programs, but not for disability
recruitment. The agency's Peace Corps Program is a similar appointment authority in
that it can be non-competitive (although Schedule A is easier - for example, it does not
require a USAJobs announcement to clear ICTAP eligibles). In FY 2019, the agency,
with the help of senior leadership and the SSCs, took steps to aggressively promote the
Peace Corps Program, which included agency-wide messaging and the establishment
of an EPA database of Peace Corps interns on an Agency-wide SharePoint site that
could be accessed easily by agency managers.
There are similar databases in other agencies that are specifically for disabled
candidates eligible for Schedule A.27 Unfortunately, no similar database exists at EPA
for candidates with disabilities eligible for Schedule A appointments. EPA's Diversity
and Inclusion Strategic Plan, Fiscal Year 2019 Roadmap and Action Plan, completed by
OHR states that, "EPA is currently exploring options to develop an in-house database
with Schedule A applicants using current platforms."28 Having such a database would
be very helpful.
It is noteworthy that in FY 2019, due in part to the agency's database for Peace
Corps candidates, there were about four times as many hires brought on board through
the Peace Corps Authority (81) than through the Schedule A Authority (22). When
creating such a database, the Agency will need to ensure all appropriate privacy
safeguards are in place and followed.
There is a lack of communication between hiring officials and those with
access to disability recruitment resources. Agency officials with access to the WRP
databases and disability resources may not know about specific recruiting actions and
27 Several federal agencies have Schedule A databases and allow candidates to directly contact and
send in their information. For Department of State, see: https://careers.state.gov/wp-
content/uploads/2018/09/DisabilitvEmplovment EliqibleCandidates 508-2.pdf: and for Health Resources
and Services Administration, as one of several HHS examples, see:
https://www.hrsa.gov/eeo/disabilities/emplovment-resources.
28 See: https://intranet.epa.gov/ohr/diversitv and inclusion/pdf/DISP-RQADMAP-FY-2019.pdf, p 12.
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hiring needs because organizations usually work directly with the SSCs on hiring
matters. The WRP Program is a recruitment and referral program that connects federal
employers with college students and recent graduates with disabilities who are
interested in summer and/or permanent jobs.29
Candidates apply to the WRP each fall through participating campuses managed
by a School Coordinator and are interviewed by federal employees who serve as
volunteer recruiters for the WRP database. Candidates represent all majors and range
from college freshmen to graduate and law-school students. Information from
candidates is compiled in a searchable database that is available through this website
to employers. The SSC must still find such a candidate qualified for a respective
position before the Agency can extend an offer of employment.
The SSCs do not have the tools to easily obtain resumes from qualified
Schedule A candidates to give to managers. The SSCs do not search the WRP
program database for qualified candidates. Although EEO Officers, OCR, and the
Diversity, Outreach and Employee Services Division (DOES) conduct trainings about
Schedule A, they too are usually not directly involved in the hiring processes and often
do not know about specific current or upcoming vacancies.
When Schedule A was utilized effectively, multiple interviews and analysis
suggest it was almost always because a manager specifically intended to hire a person
with a disability due to personal initiative, commitment to finding qualified people with
disabilities for their team, and awareness of the Schedule A program. They then asked
the SSCs or EEO Office for assistance.
Disability recruitment efforts are mostly limited to disabled candidates
finding vacancies on USAJobs; those announcements and the related USAJobs
posting templates and instructions should be enhanced and updated to be more
disability friendly. DOES provides training and information on Schedule A. They
attend recruitment events and activities but are currently unable to gather resumes.
Potential candidates are told instead to go the USAJobs site to learn about vacancies.
On USAJobs, not all jobs list the Schedule A appointment option as one that is being
considered, and there is no agency-wide guidance that urges managers to do so.
Currently there is no EPA statement on USAJobs job vacancy announcements that
specifically encourages individuals with disabilities to apply for the positions.
29 See: http://www.wrp.gov
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UPDATE HR BULLETIN
EPA should update its HR
Bulletin on appointing people
with disabilities; it was last
updated in 2010.
In addition, EPA's HR Bulletin 10-009B, Procedures Schedule A Appointments of
a Person with Mental Retardation, Severe Physical Disabilities, or Psychiatric
Disabilities from 2010 is outdated and not consistent with EEOC's Final Rule on
Affirmative Action for People with Disabilities in Federal Employment effective
January 3, 2017. This guidance is the "go to" document used by the SSCs and local
human resource offices throughout the agency. It very narrowly interprets the
regulations and Executive Orders and provides stale information. Several authorities
and references are outdated and, in some case, no longer applicable. For example, it
addresses certification of job readiness, which is no longer required. In its current form,
the guidance is of limited use to managers.
3. Attitudinal barriers and the lack of dedicated commitment to hire
people with disabilities may inhibit broad participation.
GARNERING MANAGER
SUPPORT
When it comes to hiring people
with disabilities, EPA needs to
ensure its managers clearly
understand both "why" and
"how."
There may be attitudinal barriers that exist about hiring people with disabilities
and unconscious biases or perceptions that they may not be as qualified as
candidates without disabilities. EEOC notes that, "Unfortunately, the vast majority of
working age adults with disabilities still face structural and attitudinal barriers that block
their access to steady employment and economic security."30
30 See EEOC's Recruiting, Hiring, Retaining, and Promoting People with Disabilities at p. 5;
https://www.eeoc.gov/sites/default/files/miqrated files/eeoc/interaqencv/emplovinq people with disabiliti
es toolkit februarv 3 2015 v4-2.pdf
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The agency interviewed Disability Employment Program Managers, EEO Officials,
National Disability Managers and Staff, Senior Executives and Leaders, Managers
(including representatives of the First-Line Managers Group). Statements these
interviewees made strongly suggest that there are attitudinal barriers among some
managers and staff.31 For example, some managers had questions about whether
disabled candidates would be lacking in specific skills or educational requirements for a
job due to their disability, particularly for positions with a positive degree requirement
(such as science or engineering jobs) or that extra supervision and time might be
required to manage a person with a disability.
Some first-line managers may be averse to consider/try non-competitive
appointments. Using Schedule A is new and unfamiliar for most managers. As such,
based on more than 90 interviews with managers and other staff, there may be an
assumption that to find the "best candidate," there should be a USAJobs competitive
announcement. The assumption that the "norm" of using USAJobs is always the most
appropriate way to obtain qualified candidates should be questioned and carefully
examined depending on agency needs. This is particularly important since, as noted in
a 2019 OPM Memo on Improving Federal Hiring through the Use of Effective
Assessment Strategies to Advance Mission Outcomes, "The U.S. Office of Personnel
Management (OPM) has also found that across government more than half of all
competitive examining certificates do not have a hire made from them."32
To the extent that the Agency utilized Schedule A effectively, it was
typically by individuals who specifically made Schedule A hiring a priority. Data
on the use of Schedule A from the agency's personnel database, a review of MD 715
submissions, and interviews suggests that those organizations that were successful
pursued this as a priority from senior leadership. There was often a committed senior
leader or staff member with previous experience with or knowledge about Schedule A
hiring, and typically, it did not "just happen" as a normal course of business.
Between FY 2017-FY 2019, the following organizations made about 50% of all
Schedule A hires: OMS, Office of Chemical Safety and Pollution Prevention, Office of
Research and Development, and Region 6. These organizations all made Schedule A
hiring a priority, provided appropriate training to managers, and, perhaps most
importantly, their senior leaders advocated and promoted the program throughout their
organizations as part of their overall diversity and human resources strategy.
Similarly, over the last ten years, Region 7 has had the highest
representation of individuals with disabilities, because it has aggressively utilized
31 Interviews and discussions were conducted with approximately 90 EPA staff members and federal
officials about this analysis. These interviews included 7 interviews with Disability Employment Program
Managers, 19 with EEO Officials, 5 with National Disability Managers or Staff, 16 with Senior Leaders,
and 45 with Managers (including representatives of the First-Line Managers Group).
32 See: https://www.chcoc.gov/content/improving-federal-hiring-through-use-effective-assessment-
strategies-advance-mission
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Schedule A. This was part of their effort to foster a diverse and inclusive workplace,
and they now exceed EEOC federal-sector goal of 12% with almost 14% of the
workforce comprising people with disabilities. The same is true for other federal
agencies who meet the federal-sector goal, such as the Department of Housing and
Urban Development.
4. EPA has organizationally specific hiring challenges with respect to
utilizing Schedule A.
EPA recruitment is driven on a decentralized, local level by individual
hiring managers and division directors. Any change to existing recruitment and
hiring policies will require their full buy-in and support to sustain success in using
Schedule A.
Based on these findings, OCR proposes that the Agency consider the following
recommendations when moving forward with the next stage of the project:
Recommendations
1. Obtain, Track, and Utilize New Available Data. (Addresses Findings
1 and 4)
The Research Triangle Park (RTP) SSC should provide OCR automated
reports related to the use of Schedule A. It is critical to have reliable, timely data to
gauge the effectiveness of EPA's recruitment efforts. Efforts are currently underway by
the SSC to develop this capacity through OBIEE using the Department of Interior
personnel processing center. The SSCs should send automated reports with
aggregated data monthly to OCR and DCROs via e-mail (this does not require a
separate log-in to OBIEE).
The e-mail to OCR should include the following: new Schedule A appointments
by Region/AAship; all new hire appointments by Region/AAship; Schedule A
appointments by major occupation; all appointments for major occupations; and
conversions. Regarding conversions, after an agency appoints a Schedule A candidate
into a position in the excepted service, it is generally for a two-year probationary period.
Afterward, with satisfactory performance, the agency can convert the service from
excepted service to competitive service. Tracking these conversions helps to identify
the success of Schedule A appointments and whether there are triggers. Therefore,
tracking conversions is essential. Tracking conversions is consistent with guidance
from EEOC and MD 715.
OCR should request the report include updated numbers related to the
overall representation of individuals with disabilities in the workforce and for new
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hires (in addition to new hires under Schedule A). OCR should track Schedule A
usage in FY 2018-2019 as a baseline comparator for 2020 and beyond. OCR should
share the data quarterly with DCROs, HR Officers, PMOs, and EEO Officers.
Data collected on Schedule A can serve as the basis for numerical goal
setting, potential performance metrics, and discussions with DCROs. OCR should
address Schedule A during technical assistance discussions and in management
meetings. The Agency should encourage DCROs to set numerical goals (either as a
percentage of total hires or as a specific number) and encourage hiring managers to
work to help meet those goals. This affirmative employment practice is specifically
identified by EEOC and is consistent with regulatory text directing each federal agency
to establish a plan with such goals.33 These data points will provide important
information and can fit into existing process improvement and tracking efforts.
Further, OCR should encourage managers to set their own hiring goals for persons with
disabilities based on that data. For example, DCROs, at their discretion based on
available vacancies and the needs of the agency to fulfill its mission, could develop
related performance metrics and highlight support for Schedule A as one way to meet
the EEO and diversity management performance standards in all management
performance agreements.
LEARN ABOUT SCHEDULE A
EPA organizations should
become familiar with
Schedule A and its many
benefits.
All organizations must become familiar with and use Schedule A. A
reasonable initial goal for many organizations - particularly those who have never or
very rarely used Schedule A - might be to have them successfully begin to use
Schedule A in FY 2021 to become familiar with the expedited process. For
organizations that are more familiar with the process, they should work to institutionalize
the process of Schedule A hiring. Data on the use of the program should be published
quarterly and discussed at least twice per year so that organizations can track progress.
33 See https://www.eeoc.gov/laws/quidance/questions-answers-eeocs-final-rule-affirmative-action-
people-disabilities-federal and 29 CFR 1614.203(d)(7) at
https://www.law.cornell.edu/cfr/text/29/1614.203.
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2. Communicate Leadership and Program Responsibilities to
Increase Capacity Building. (Addresses Findings 1, 2, 3, and 4)
DISABILITY RECRUITMENT
STRATEGY
EPA should develop a
National Disability
Recruitment Strategy which
includes a focus on the
Schedule A National Priority.
OCR should work with senior management to identify a National Schedule
A Champion who can promote and advocate for the program at the most senior
level. This individual should be a member of the SES who has knowledge of the
organizations involved in the Schedule A hiring process, particularly the SSCs, OHR,
and OCR communities. Similarly, at the Regional and AAship level, DCROs should
advocate the use of Schedule A.
The responsibility for disability recruitment should be with an organization's
leadership team. DCROs and other responsible staff should ensure that all managers
and supervisors know about EPA's disability representation goals and their respective
responsibilities for helping to meet them.
OMS (including the SSCs), OHR, DCROs, and the Office of the
Administrator (including OCR) should develop a unified disability recruitment
strategy that incorporates the agency's Disability Program Managers. In many
programs, there is little infrastructure to support management's efforts to find qualified
Schedule A candidates. Throughout the agency, there is no clear office, liaison, or
individual responsible for the Schedule A program, and existing trainings have not
always presented a unified, simple message about the program's benefits or exactly
how to use the authority to find qualified candidates practically.
The offices that advocate for the program, including OCR and OHR, are often not
aware of specific recruiting needs for individual Regions and AAships and are not
involved when first-line managers and division directors make decisions together with
the SSCs about how to begin the recruitment process. Although OCR and OHR have
developed trainings, unless managers know about or advocate for the use of Schedule
A, it is unlikely they will use the authority.
The SSCs focus on processing the personnel actions; SSCs are not responsible
currently for helping to recruit or find appropriate Schedule A candidates. Nonetheless,
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they can assist in the process by ensuring managers know that Schedule A is an option.
This is where the agency's Special Emphasis Program Managers for Disability or
Disability Program Managers (DPMs) can play a critical role. For example, they can
serve as recruiters and reach out to local college disability centers, vocational
rehabilitation facilities, and other disability-centric organizations on behalf of interested
hiring managers.
OHR should ensure the Selective Placement Program Coordinators
(SPPCs) can accept resumes from qualified disabled candidates to be considered
non-competitively. Although EPA has designated SPPCs, they are not allowed to
collect resumes from members of the public at this time based on guidance from the
SSCs; SPPCs only refer candidates to USAJobs.
According to the Office of Personnel Management, one of the purposes of having
the SPPCs is so that they may "Advise managers about candidates available for
placement in jobs under special hiring authorities,"34 that is, non-competitive hiring
authorities. However, the SPPCs are not informed by OHR or managers about agency
recruitment and hiring needs. One way to help address this problem is to ensure that
there is communication between DCROs (or organizational designees) and SPPCs to
work to help identify potential recruitment sources.
OHR should meaningfully involve and regularly consult SPPC and DPMs
when recruiting to fill vacancies. If necessary, that function should reside in OHR or
with the SSCs, which are responsible for on-the-ground recruitment actions. EEO
Officers and PMOs help promote the program but also need to be more involved in the
process, specifically by leading efforts to find qualified resumes.
EPA leadership should issue a separate policy statement specifically to
emphasize its commitment to hiring individuals with disabilities. Such a
statement, which is supported by EEOC's MD 715, would help ensure support for the
program and could include language about EPA's commitment to hiring individuals with
disabilities in general. The EEO Office should make a copy of that document available
to the public on EPA's main website consistent with the requirements of MD 715 to
issue and publish non-discrimination policies.
EPA should clarify that hiring managers may use Schedule A to appoint
Attorneys, in the GS-905 series. On May 7, 2020, EPA's Office of Enforcement and
Compliance Assurance and Office of General Counsel (OGC) issued a joint
Memorandum on Use of USAJOBS for Attorney Hiring. That memo specified, in part,
that, "...effective June 1, 2020, all Headquarters and Regional legal offices will use
USAJOBS to post attorney vacancies...." Attorneys in Series 0905 are one of the Major
Occupations, and there is a less than expected participation rate of people with
34 See: https://www.opm.qov/policv-data-oversiqht/disabilitv-emplovment/selective-placement-proqram-
coordinator/
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disabilities in this career series.
It should be made clear that, consistent with applicable regulations and this
National Priority, using Schedule A is an appropriate exception to this policy. If
Schedule A is utilized, the Agency should request that such applicants complete an
applicable Race/Sex/National Origin Form, so that the Agency captures this data
appropriately. Such information should be separated from the applications that
selecting officials and SSC staff will review to determine the applicants' qualifications for
positions.
3. Improve Recruitment Efforts. (Addresses Finding 2, 3, and 4)
EPA should encourage the consistent use of Schedule A. As a general rule,
EPA's policy should be to encourage hiring managers to consider using Schedule A
consistent with hiring needs. Regional and AAship leaders, namely the DCROs, should
establish work teams that could include the EEO Officer, HR Officer, Disability SEPM,
or Management Deputy with broad knowledge: 1) to help decide what would work best
locally with respect to using Schedule A; and, 2) to facilitate managers in considering
qualified individuals with disabilities for vacancies.
HR Officers, EEO Officers, and PMOs must be more involved in the
disability recruitment efforts as agents for hiring managers. Local HR Officers,
EEO Officers, and PMOs play a critical role in building and sustaining a model program.
This includes advocating for the use of Schedule A, signing up to serve as WRP
recruiters (EEO Officers, PMOs, and SEPMs), and, most importantly, helping to lead the
effort to find and connect qualified Schedule A candidates with hiring managers.
EEO, HROs/PMOs, and SEPM staff should meet with managers to determine
their specific needs and connect them to qualified candidates. This could include
searching the WRP database, reaching out to local college disability centers, and
contacting disability advocacy organizations to help find qualified candidates. They
could then present those potential resumes directly to the hiring manager to see if there
are qualified potential candidates. There is no need for an announcement. DCROs,
EEO Officers, PMOs, and DPMs should also continue to educate the workforce about
people with disabilities including addressing unconscious biases to build an inclusive,
respectful workplace for all.
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EEOC GUIDANCE ON
SCHEDULE A APPOINTMENTS
"Can an agency hire a Schedule A
candidate without posting a job
announcement? Yes. One of the
benefits of using the Schedule A
hiring authority is that agencies
can make an appointment without
going through the typical
competitive process." - EEOC 36
The agency should work with the SSCs taking the lead to establish a
process for managers to collect and review resumes from qualified Schedule A
candidates without advertising on USAJobs. It is inefficient and counterproductive
to advertise the use of a non-competitive authority by informing qualified candidates that
they must go on USAJobs to locate, review, and apply for competitively advertised
vacancies. The benefit and value of Schedule A is that the vacancy does not have to
be advertised. EPA should follow the example of many other federal agencies
(including the Social Security Administration, Department of State, and Department of
Health and Human Services) and maintain a dedicated e-mail address
where people with Schedule A disabilities can send their resumes. Such a database
could be modeled on the Peace Corps Program.35
DCROs should ensure their direct reports and other managers strategize
on identifying how to find qualified candidates in the local area based on the
specific needs of the organization. EEO Officers and PMOs should be tasked with
helping to serve as liaisons with local college disability centers and, with the help of
Special Emphasis Program Managers, in identifying qualified candidates through the
WRP and similar databases.
Schedule A candidates should be considered in each hiring action for
which they are qualified. Once a Region or Program is maintaining a list of Schedule
A candidates that qualify for the types of positions it fills, each hiring manager should
35 See Donna Vizian e-mail to EPA Managers, Subject: May 4, 2020 Administrative Update for
Supervisors. It provided all EPA Managers with a Returning Peace Corps Volunteers' (RPCV) Resume
Link, noted that EPA had received 430 applications, and stated that "Applicants not picked up by one
program are being shared centrally so they may be considered by other programs across the agency." It
noted that "Programs can access applicant resumes on the HR SSC Customer Information SharePoint
Site." In addition, EPA conducted a special presentation for Returned Peace Corps Volunteers on April 8,
2020 that "was attended by nearly 350 recently evacuated Peace Corps volunteers."
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consider those qualified for their vacant positions. Local HR Officers should work with
their respective hiring managers to ensure this consideration is consistently part of the
hiring process.
OCR should create a National Schedule A Program Liaison. This liaison would
work with the DCROs and local coordinators to provide updates, share best practices,
and monitor national-level policies for relevance and consistent implementation
throughout the agency.
EPA should especially focus on the use of Schedule A for entry-level
positions. Although Schedule A can be used for higher grades, it is typically used for
entry-level positions. For example, the largest and most utilized database (the WRP
database) focuses on college students and recent graduates who would typically be
eligible for entry-level grade levels. It is important to plan on this point because PDs for
Pathways Internship, Recent Graduate, and Presidential Management Fellows are not
eligible for Schedule A hiring. The SSCs should, therefore, work with managers to
ensure that general PDs that are eligible for Schedule A are available and ready to
utilize. Related informational and recruitment materials, such as the "Hiring Solutions
Fact Sheet" on Schedule A dated 2016, should be updated and enhanced.36
SSCs in consultation with OHR should study the application of Schedule A
at EPA and make internal recommendations for improvement. For example, the
SSCs should analyze how to better publicize the use of Schedule A and its benefits to
their customers.
EPA should continue to host or participate in disability career fairs and take
advantage of "on-the-spot" non-competitive flexibilities offered by Schedule A.
According to EEOC, the use of Schedule A without an announcement is allowed.37 In
their guidance document The ABCs of Schedule A: Tips for Human Resource
Professionals on Using the Schedule A Appointing Authority, EEOC specifically
states:38
36 See: https://intranet.epa.gov/ohr/diversitv and inclusion/pdf/Schedule-A-Hirinq-Solutions-Factsheet-
Hirinq-lndividuals-with-Disabilities-12072016.pdf
37 See: https://www.eeoc.gov/publications/abcs-schedule-tips-human-resource-professionals-usinq-
schedule-appointinq-authoritv# Toc425081243
38 See: https://www.eeoc.gov/publications/abcs-schedule-tips-human-resource-professionals-usinq-
schedule-appointinq-
authoritv#:~:text=Schedule%20A%20is%20an%20appointing.of%20Federal%20Regulations%20(CFR').
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Can an agency hire a Schedule A candidate without posting a job
announcement?
Yes. One of the benefits of using the Schedule A hiring authority is
that agencies can make an appointment without going through the typical
competitive process. As Schedule A is an excepted service hiring authority,
individuals are hired non-competitively. Managers may hire qualified
Schedule A candidates for a funded vacancy without issuing a public notice
of the job announcement. -EEOC33
"Non-Competitive" specifically means that "Agencies use a special hiring
authority (Schedule A) to hire persons with disabilities without requiring them to
compete for the job."39 This specific point should be made clear to HR, SSCs, and
managers across the agency. Other agencies utilize the Schedule A flexibility to screen
candidates, review resumes immediately, and pass that information on to managers to
set up interviews as appropriate. This expedited process is one of the management
benefits to using Schedule A.
EPA should develop a way to collect and share Schedule A resumes for its
major occupations. This would allow interested hiring managers to have access to an
ongoing database of qualified Schedule A candidates for consideration. Such a
database could be modeled on EPA's Peace Corps database of possible candidates.
The Office of Personnel Management has stated that "Agencies can use this [Schedule
A] authority, at their discretion, to appoint you at any grade level and for any job (time-
limited or permanent) for which you qualify."
Appointments filled under 5 CFR 213.3102(u) are considered to be exempt from
the normal veterans' preference procedures of 5 CFR part 302." However, OPM also
notes that the principle of veterans' preference still applies, and agencies must consider
veterans' status as a "positive factor" when making hiring decisions regarding excepted
service appointments. As such, the Agency should work with the appropriate program
offices (such as OGC) to develop a database that complies with veterans' preference as
it applies to Schedule A positions."40
In addition, other agencies have such databases of Schedule A candidates, most
notably, the Department of Defense and Department of Labor's Workforce Recruitment
Program Database, which is a federal database of potential Schedule A candidates that
EEOC considers a model program. EPA should work with OGC and OHR to analyze
whether and how a Schedule A database could be appropriately stood up in a legal and
effective manner. EPA HR Bulletin 10-009B Schedule A Appointments of a Person with
Mental Retardation, Severe Physical Disabilities, or Psychiatric Disabilities and HR
Bulletin 12-003B Objecting to or Passing Over a Preference Eligible should both be
39 See: https://www.opm.qov/policv-data-oversiqht/disabilitv-emplovment/hirinq/
40 See the OPM-sponsored site: https://www.fedshirevets.gov/iob-seekers/special-hirinq-authorities/ as
well as https://www.wrp.gov
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updated specifically to address this question.
Such a database could be extremely valuable. Many managers indicated they
would consider using an existing list of qualified candidates to review, especially if it
could save time and resources. The database would serve as a centralized location for
the agency's designated Disability Selective Placement Program Coordinator to store
resumes from qualified applicants in line with OPM's guidance that the Coordinator
should be "Advising managers about candidates available for placement in jobs under
special hiring authorities... ,"41 The resumes could be viewed by interested hiring
managers across the agency. Further, applicants could be asked to identify geographic
and job preferences.
4. Publicize Program and Benefits. (Addresses Findings 1, 3, and 4)
OMS and OCR should publicize EPA success stories related to Schedule A.
Ideas for publicizing successes related to utilizing Schedule A could be solicited from
DCROs and specifically from the organizations listed above who were successful with
the program.42 There are many such successes, and it would be beneficial to highlight
employees hired through Schedule A (if they specifically would like to do so and
understand the privacy implications) and their managers to help get the word out about
the benefits of the program.
The relevant information could include written materials, a practical "how to"
guide, and/or a short video focusing on Schedule A success stories. Perhaps the
Administrator or designee would consider making a brief introductory statement
supporting the use of Schedule A. Another way to communicate this information is
promote disability recruitment and Schedule A to managers through brown bags, for
example, during National Disability Employment Awareness Month in October. These
efforts also can help address potential unconscious biases that may exist about both
individuals with disabilities and Schedule A.
41 See: https://www.opm.qov/policv-data-oversiqht/disabilitv-emplovment/selective-placement-proqram-
coordinator/
42 The Office of Mission Support, Office of Chemical Safety and Pollution Prevention, Office of Research
and Development, Region 6, and Region 7.
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Conclusion
Since 2011, EPA has identified its lower than anticipated representation of
individuals with disabilities as a focus area in its MD 715 Reports and discussed its
Schedule A program as a target for improvement. In 2019, EPA designated enhancing
the use of Schedule A as a National Civil Rights Priority, which was the impetus for
this report. This analysis has examined a variety of workforce information, including
quantitative workforce data, interviews with a wide variety of responsible stakeholders,
best practices at other agencies, and relevant policies, practices, and procedures in
setting forth its principle findings and related recommendations.
Based on interviews and discussions with more than 90 stakeholders in EPA, this
report's key findings include that there is a lack of knowledge of the benefits of using
Schedule A, limited communication between respective stakeholders, outdated
procedures, potential unconscious biases influencing the appointment authorities used,
and decentralized hiring practices that impact the use of Schedule A. These factors
impact the agency's ability to satisfy the 12% participation rate for persons with
disabilities in the workforce established by EEOC regulation.
SCHEDULE A IS A TOOL TO HELP
EPA MEET ITS GOALS
Using Schedule A can help EPA
meet its 12% goal established
by 29 CFR 1614.203(d)(7).
Encouraging EPA managers to use Schedule A for new hires has great potential to
improve the numbers of individuals with disabilities in the agency. Importantly, this tool
can help EPA achieve the 12% hiring goal for people with disabilities established in 29
CFR 1614.203(c), a goal the agency has not met since the goal was established by
EEOC in 2018. In FY 2019, data showed that this authority was used for 22 out of 907
external hires, or 2.4% of the time, and only half of EPA Regions and AAships used the
authority at least once during the year.
The recommendations in this report are designed to promote more effective
utilization of Schedule A. The recommendations, if adopted, can be developed into an
action plan and implemented through a phased approach. With continued partnership
and agency leadership, we can work to meet the 12% hiring goal identified by EEOC as
we continue to build and sustain a strong, capable, and diverse workforce that is well-
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prepared to accomplish the agency's mission of protecting human health and the
environment.
If you have questions or comments, please contact the author at 913-551 -7189
or via e-mail at Butkovich.Michael@epa.gov.
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