EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
EQUAL EMPLOYMENT OPPORTUNITY
MANAGEMENT DIRECTIVE EO-MD-713
DATE: OCTOBER 6. 1987
TO THE HEADS OF FEDERAL AGENCIES
1. SUBJECT. AFFIRMATIVE ACTION FOR HIRING, PLACEMENT, AND
ADVANCEMENT OF INDIVIDUALS WITH HANDICAPS
2. PURPOSE. This directive prescribes to Federal agencies
five-year instructions, procedures, guidance, and formats
for:
a. Annual affirmative action accomplishment reports for
FY 1988 - FY 1992; and
b. Annual affirmative action program plans for FY 1988
FY 1992.
The forms included in this directive are to be used for
FY 1988-1992 annual affirmative action program plans and
FY 1988-1992 affirmative action accomplishment reports.
3. AUTHORITY. This directive is prepared pursuant to the Equal
Employment Opportunity Commission's obligation and authority
under Section 501 of the Rehabilitation Act of 1973, as
amended by Pub. L. 99-506, 100 Stat. 1807, October 21, 1986.
4. SUPERSESSION. This directive supersedes EEO-MD-711, dated
November 2, 1982, and EEO-MD-711A, dated October 4, 1983.
Appendix A of this directive revises sections 7c(2), 7c(4),
7c(6), and 7d(9) of EEO-MD-712, dated March 29, 1983.
5. POLICY INTENT. It is the intent of the Equal Employment
Opportunity Commission to take a positive and directive role
in assuring that Federal agencies fully comply with Section
501 of the Rehabilitation Act Of 1973, as amended. It is
the policy of the Federal Government to provide equal
employment opportunity for individuals with handicaps who
are Federal employees or applicants for Federal employment.
The objective is for the Federal Government to become a model
employer of persons with disabilities. Federal agencies are
to ensure that qualified individuals with handicaps and
Federal employees who become disabled after appointment, have
a full measure of opportunities to be hired, placed, and
advanced in Federal jobs. Affirmative action is to be an
integral part of ongoing agency personnel management
programs, as evidenced by persons with disabilities being
employed in a broad range of grade levels and occupational
series commensurate with their qualifications and by agency
policies that do not unnecessarily exclude or limit persons
with disabilities because of job structure or design or
because of architectural, transportation, communication,
procedural, or attitudinal barriers.
6. SCOPE. The provisions of this directive apply to all depart-
ments, agencies, and instrumentalities in the Executive
Branch of Government, including the United States Postal
Service and Postal Rate Commission.
7. DEFINITIONS. For preparation of plans and reports pursuant
to these instructions, the following definitions apply:
a. Accessions: Personnel actions that result in the
addition of employees to the agency's permanent and
temporary competitive or excepted services. This
includes new hires, transfers from other agencies, and
all other actions that bring new personnel into the
agency's work force. The following personnel action
codes indicate accessions for the PERMANENT work force:
100, 101, 102, 103, 104, 107, 112, 120, 124, 130, 132,
140, 141, 142, 143, 145, 146, 147, 150, 151, 152, 155,
156, 157, 170, 190, 191, 500, 501, 540, 541, and 570.
The following personnel action codes indicate accessions
for the TEMPORARY work force: 108, 115, 117, 122, 128,
148, 149, 153, 154, and 171. Exclude shifts between two
reporting units or geographic reporting areas of the
same agency (such as major bureaus or other comparable
organizational units). Exclude foreign nationals
employed overseas.
b. Agency: Any department, agency, or instrumentality
covered by the provisions of this directive. This term
does not refer to sub-agencies or components of large
agencies and departments.
c. Persons with Handicaps: For statistical purposes, the
number of employees in the work force who have indicated
having a handicap. The codes that represent them on
Standard Form 256 are 13 through 94. A copy of Standard
Form 256 is attached at Exhibit 1. For all other
purposes, the definition contained in 29 C.F.R. 1613.702
applies.
d. Losses: Personnel actions that result in the loss of
employees from the agency's permanent and temporary
competitive or excepted service. This includes
voluntary and involuntary separations, disability and
other retirements, transfers to other agencies,
reductions in force, deaths, resignations, and all other
actions that remove personnel from the agency's work
force. The following personnel action codes indicate
work forces: 300, 301, 302, 303, 304, 312, 317, 330,
350, 352, 353, 354, 356, 357, 385, and 386. Exclude
shifts between two reporting units or geographic
reporting areas of the same agency (such as major
bureaus or other comparable organizational units).
Exclude foreign nationals employed overseas.
e. Specified severe disabilities: See the definition of
"targeted disabilities." The specified disabilities are
those listed.
f. Targeted disabilities: Disabilities targeted for
emphasis in affirmative action program planning. The
disabilities (and the codes that represent them on
Standard Form 256) are as follows: deafness (16 and
17); blindness (23 and 25); missing extremities (28 and
32 through 38); partial paralysis (64 through 68);
complete paralysis (71 through 78); convulsive disorders
(82); mental retardation (90); mental illness (91); and
distortion of limbs and/or spine (92).
g. Temporary work force (TEMPORARY): The number of
TEMPORARY full-time and TEMPORARY part-time employees
who, as of the reporting date, have Mt been officially
separated from the agency by Standard Form 50 or
equivalent action. This includes employees with
temporary tenure, temporary intermittent employees, and
temporary nonappropriated fund employees. Exclude
foreign nationals employed overseas. Use this defini-
tion of "Temporary work force" on EEOC Form 440,
(pg. 7-A) and EEOC Form 441 (pg. 2-A).
h. Total work force (PERMANENT): The number of PERMANENT
full-time employees who, as of the reporting date,
have not been officially separated from the agency by
Standard Form 50 or equivalent action. This includes
employees with permanent tenure, permanent intermittent
employees, and permanent nonappropriated fund employees.
Exclude foreign nationals employed overseas. Use this
definition of "Total work force" on all reporting forms,
except EEOC Form 440 (pg. 7-A) and EEOC Form 441
(pg. 2-A).
8. RESPONSIBILITIES.
a. Agency heads are responsible for compliance with these
instructions within their organizations.
b. Agency headquarters are responsible for setting
agencywide objectives, preparing and submitting
aqencywide affirmative action program plans, providing
guidance for the development of local programs and plans
to all components and field installations, developing
appropriate systems for evaluating program
effectiveness, and preparing reports for submission to
the Equal Employment Opportunity Commission.
c. Agency components and field installations are required
to prepare and carry out local plans that implement
agencywide objectives. Agencies may exercise discretion
in determining what type of local plan is appropriate.
Local plans are not to be submitted to the Equal
Employment Opportunity Commission unless specifically
requested; however, they should be available for onsite
review by the agency and the Commission.
d. The Equal Employment Opportunity Commission will approve
or disapprove each agencywide affirmative action program
plan; rate the agencywide accomplishments of each agency
as satisfactory or unsatisfactory; and communicate
results of evaluations to each agency with instructions
for submission of a revised agencywide plan if required.
e. Each year, the Equal Employment Opportunity Commission,
after consultation with the Interagency Committee on
Handicapped Employees, will issue to the Congress of the
United States a report on employment of individuals
with handicaps in the Federal Government.
9. POLICIES.
a. Annual affirmative action program 21an updates.
Agencies with 1,001 or more employees are to prepare and
submit agencywide affirmative action program plans for
each fiscal year.
b. Annual reports of accomplishments. Agencies with 1,001
or more employees are to describe progress made in their
annual agencywide affirmative action program plans.
c. Five-year statement of assurance. Agencies with 1,000
or fewer employees are to submit a five-year assurance
of nondiscrimination and affirmative action for
individuals with handicaps. This does not refer to sub-
agencies or components of large agencies and
departments.
d. Annual work force profile. Agencies with 1,000 or fewer
employees are to submit annual work force profiles.
This does not refer to sub-agencies or components of
large agencies and departments.
e. Effects of budget cuts and RIFS. Agencies are to submit
the required reports and plans regardless of actual or
anticipated effects of budget cuts and reductions in
force (RIFs). Appropriate allowances will be made when
agency accomplishments are evaluated. Agencies with
1,001 or more employees are to use page 2 of EEOC Form
440 (see Exhibit 2) to establish their numerical
objectives (goals). Even if it is anticipated that
there will be no accessions of persons with targeted
disabilities (objective a - 0), a numerical objective is
to be established for the percent of accessions of
persons with targeted disabilities (objective b). This
will provide a basis for affirmative action if there is
a change in the anticipated hiring pattern. Agencies
conducting or planning RIFs are to establish numerical
objectives that anticipate the total number of persons
with targeted disabilities on board as of the end of the
fiscal year (objective c) and for percent representation
of persons with targeted disabilities as of the end of
the fiscal year (objective d). Setting these numerical
objectives will entail analysis of the expected impact
of RIFs on employees with handicaps and will facilitate
action to minimize impact within the limits imposed by
law and regulation.
Regardless of size, agencies that expect little or no
hiring activity should concentrate their affirmative
action efforts on promotion and career development of
employees with handicaps. Accomplishment report forms
are provided for agencies to indicate action taken to
improve internal representation of persons with targeted
disabilities. (See page 13 of EEOC Form 440.) Agencies
with minimal hiring opportunities (fewer than 20
accessions) may receive satisfactory ratings of
accomplishments if they show substantial progress in
these areas even though they are unable to increase
their overall percent representation of persons with
targeted disabilities.
f. Comprehensive program. EEO-MD-712, "Comprehensive
Affirmative Action Programs for Hiring, Placement, and
Advancement of Individuals with Handicaps," was issued
by the Equal Employment Opportunity Commission on
March 29, 1983. Agencies are to establish and document
comprehensive programs that encompass all agency
activities related to hiring, placement, and advancement
of individuals with handicaps. These programs are to
address a broad range of problems and concerns relative
to overall agency programming. Specific documentation
is to be maintained by the agency. This program
complements the annual written plans required by this
directive.
g. Large agencies. Agencies with 1,001 or more employees
are to use the planning and reporting form shown in
Exhibit 2: EEOC Form 440, AFFIRMATIVE ACTION PROGRAM
PLAN UPDATE AND REPORT OF ACCOMPLISHMENTS FOR AGENCY
WITH 1,001 OR MORE EMPLOYEES.
h. Small agencies. Agencies with 1,000 or fewer employees
are to use the planning and reporting form shown in
Exhibit 3: EEOC Form 441, ANALYSIS OF WORK FORCE FOR
AGENCY WITH 1,000 OR FEWER EMPLOYEES. Agencies with
1,000 or fewer employees are also to use the five-year
statement of assurance shown in Exhibit 4: EEOC Form
A". This does not refer to sub-agencies or components
of large agencies and departments.
10. PROCEDURES. Following are the basic planning elements of
affirmative action program planning for the period FY 88
through FY 92:
a. Targeted disabilities. Agencies are to emphasize
employment of individuals with handicaps with the
disabilities indicated by the following codes on
Standard Form 256: 16 and 17 (deafness); 23 and 25
(blindness); 28 and 32 through 38 (missing extremities);
64 through 68 (partial paralysis); 71 through 78
(complete paralysis); 82 (convulsive disorders); 90
(mental retardation); 91 (mental illness); and 92
(distortion of limbs and/or spine). A copy of Standard
Form 256 is attached as Exhibit 1.
b. Numerical objectives (Goals). Agencies with 1,001 or
more employees are to establish specific numerical
objectives (goals) for employment of persons with
targeted disabilities. For the purpose of setting
numerical objectives (goals), the disabilities specified
may be considered as a group. in deciding what these
objectives should be, an agency may wish to consider its
own past performance, the performance of agencies with
exemplary records, overall government progress, and
census data. Guidance for establishing numerical
objectives (goals) is attached as Appendix B.
Although agencies with 1,000 or fewer employees are not
required to establish specific numerical objectives
(goals), EEOC may direct or require the development of
specific numerical objectives (goals) if the agency
fails to show progress in increasing representation of
persons with targeted disabilities when there have been
opportunities to do so.
c. Special recruitment program. Agencies are to plan
and implement special recruitment programs and track appli-
cations from persons with the specified severe
disabilities.
Agency personnel should be aware of procedures for
use of excepted appointing authorities and of the flexibil-
ities these authorities allow. Relevant authorities
include section 213.3102(t) of Schedule A for employment
of persons who are mentally retarded, section
213.3103(u) of Schedule A for employment of persons with
severe physical handicaps, and section 213.3202(k) of
Schedule B for employment of persons who are mentally
restored. It should be noted that there is no
requirement that persons with certain types of dis-
abilities be employed in the excepted service rather
than in the competitive service.
To the extent possible agencies are to adapt and apply
the basic principles embodied in the Federal Equal
Opportunity Recruitment Program. (See 44 F.R. 22029,
April 13, 1979; 5 C.F.R. part 720.)
Agencies with 1,001 or more employees are to list
recruitment strategies if employment objectives for the
previous fiscal year were not met and an inadequate
number of applications was received from persons with
the specified severe disabilities.
d. Facility accessibility. Agencies are to take action to
assure that there in no discrimination against appli-
cants with handicaps or employees because of barriers
in agency facilities. All facilities are to be
surveyed; barriers are to be identified; and timetables
and priorities are to be developed for barrier removal.
All agencies are to plan for removal of facility
barriers. These plans need not address all barriers
identified. Members of the handicapped employees
advisory committees who are individuals with handicaps
should be involved in the survey and identification of
barriers and in the establishment of priorities for
barrier removal. Revised target dates are to be
provided for any actions planned but not carried out.
a. Barrier analysis". Agencies are to assure that there
are no personnel or management policies, practices or
procedures which restrict hiring, placement, and
advancement of individuals with handicaps. As barriers
are identified, agencies are to consider alternatives.
Guidance for identifying barriers and developing
alternatives is attached as Appendix C.
f. Career development and upward mobility. Agencies are
encouraged to assure that employees with targeted
disabilities have career development opportunities,
including promotions, upward mobility, senior level
career development, and other similar programs.
g. Handicapped employees advisory committee. Agencies are
to provide leadership, guidance, and resources for
establishment of handicapped employees advisory
committees to provide input concerning disability issues
and agency employment practices with respect to
individuals with handicaps. Agencies should include
handicapped employees advisory committees in all aspects
of affirmative action program planning and
implementation as appropriate. Membership on these
committees is to include and may be limited to agency
employees who are disabled. It may also be useful to
include individuals who represent agency management and
employees unions and individuals who have expertise or
responsibilities related to employment of individuals
with handicaps or the comprehensive affirmative action
program. Only Federal employees should be members of
these committees. other persons may participate as
consultants.
Agencies which have integrated EEO advisory committees
and have a mandate to include representation of
individuals with handicaps and their concerns will be
deemed to be in compliance with this element.
h. Submission. The reporting and planning forms provided
must be utilized. Computer printouts are acceptable if
the required information is readable and provided in the
proper format. Additional material may be appended, but
none is required. Data must be compiled on an
agencywide basis, even if separate documentation is
submitted for major operating components. Reports and
plans are to be as brief as possible, with emphasis on
specific actions and results.
The reporting and planning forms may be obtained from:
U.S. Equal Employment Opportunity Commission
Federal Sector Programs
Handicapped Individuals Branch
2401 E Street, N.W., Room 422
Washington, D.C. 20507
Telephone: (202) 634-7833 (Voice) or 634-7886 (TDD)
7. EXHIBITS. A copy of Standard Form 256, Self-Identification
of Handicap, is attached as Exhibit 1. This form is used by
agencies for the purpose of collecting statistical data on
reportable handicaps. Exhibits 2-4 are the EEOC forms to be
submitted by agencies pursuant to sections 9g and 9h of this
directive.
12. APPENDICES. Revision of certain sections of Management
Directive-712 is attached as Appendix A. Guidance for
establishing employment objectives is attached as Appendix B.
Guidance for analyzing personnel or management policies,
practices, or procedures which impede hiring is attached as
Appendix C.
13. REPORTING REQUIREMENTS.
a. Agencies with 1,001 or more employees are to submit
agencywide annual affirmative action program plans for
the period October 1 through September 30, by December
31, in to the address below.
b. Agencies with 1,001 or more employees are to submit
agencywide annual accomplishment reports for the period
October 1 through September 30, by December 31, in
duplicate to the address below.
c. Agencies with 1,000 or fewer employees are to submit an
agencywide five-year assurance of nondiscrimination and
affirmative action for individuals with handicaps by
December 31, 1987, in duplicate to the address below.
This does not refer to sub-agencies or components of
large agencies and departments.
d. Agencies with 1,000 or fewer employees are to submit an
agencywide annual work force profile for the period
October 1 through September 30, by December 31, in
duplicate to the address below. This does not refer to
sub-agencies or components of large agencies and depart-
ments.
U.S. Equal Employment Opportunity Commission
Federal Sector Programs
Handicapped Individuals Branch
2401 E Street, N.W., Room 422
Washington, D.C4 20507
Telephone: (202) 634-7833 (Voice) or 634-7886 (TDD)
Interagency Report Control Number: 0234-EEO-AN
In accordance with FPMR 101-11.11, this report has been cleared
and assigned interagency report control number 0234-EEO-AAN.
Clarence Thomas
Chairman