Establishing a Coordinated Government-Wide Initiative to Promote Diversity and Inclusion in the Federal Workforce

Impact dates

1. Aug 17, 2015

   Minimum update frequency for Government-wide Plan

2. Mar 15, 2012

   Agency-specific Diversity and Inclusion Strategic Plans due (120 days after Government-wide Plan issuance)

3. Nov 16, 2011

   Government-wide Diversity and Inclusion Strategic Plan due; review and consolidation strategy; guidance to agencies

Key directives

• OPM Director and OMB Deputy Director for Management shall establish coordinated government-wide diversity and inclusion initiative
• Develop and issue Government-wide Diversity and Inclusion Strategic Plan within 90 days of order
• Government-wide Plan to be updated at minimum every 4 years
• Review and develop consolidation strategy for overlapping agency workforce plans and reports
• Provide guidance to agencies on agency-specific Diversity and Inclusion Strategic Plans
• Establish regular reporting system on agency progress
• Agency heads shall designate Chief Human Capital Officer as responsible official
• Agencies shall develop and submit agency-specific plans within 120 days of Government-wide Plan issuance
• Agencies shall implement plans after incorporating into human capital plans
• Agencies shall provide information per reporting requirements

Who is ordered

• Director of the Office of Personnel Management · OPM
• Deputy Director for Management of the Office of Management and Budget · Office of Management and Budget
• Chair of the Equal Employment Opportunity Commission · EEOC
• Head of each executive department and agency · Multiple
• Chief Human Capital Officer · Multiple

Timeline

Risks & tensions

• Order explicitly subject to 'availability of appropriations' (Sec. 4(b)), creating funding uncertainty
• No enforcement mechanism specified for non-compliant agencies beyond reporting requirements
• Consolidation mandate (Sec. 2(b)(ii)) may conflict with statutory reporting requirements; order permits consolidation only 'where appropriate and permitted by law'
• Sec. 4(c) disclaimer that order creates no enforceable rights limits judicial recourse
• Vague 'as appropriate' qualifier on 4-year update requirement reduces predictability
• Integration with existing merit system principles and EEOC authority (Sec. 4(a)(i)) creates potential jurisdictional complexity