EO 14035Executive OrderBiden · D Quiet signal

Executive Order 14035

Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce

This executive order establishes a government-wide initiative to promote diversity, equity, inclusion, and accessibility (DEIA) in the federal workforce. It mandates strategic planning, data collection, paid internships, partnerships with minority-serving institutions, and specific equity measures for employees with disabilities, LGBTQ+ employees, and formerly incarcerated individuals.

Impact dates

  1. Government-wide DEIA Plan minimum update frequency

  2. Government-wide DEIA Strategic Plan due

  3. OPM report on formerly incarcerated individuals' employment barriers due

  4. Agency DEIA Strategic Plans due (120 days after Government-wide Plan issuance)

  5. Agency preliminary assessments of DEIA state due

Key directives

  • OPM and OMB to develop Government-wide DEIA Strategic Plan within 150 days
  • Agency heads to submit preliminary DEIA assessment within 100 days
  • Agency heads to develop Agency DEIA Strategic Plan within 120 days of Government-wide Plan issuance, then annually
  • Agency heads to report annually to President on DEIA progress
  • OPM to evaluate barriers for formerly incarcerated individuals and report within 120 days
  • OPM and OMB to issue guidance on increasing paid internships
  • OSTP, OPM, and OMB to coordinate Partnerships Initiative with minority-serving institutions
  • OPM to issue guidance on tracking demographic data for professional development programs
  • Agency heads to implement or increase DEIA training programs
  • Secretary of Defense and Secretary of Labor to review and expand Workforce Recruitment Program for people with disabilities
  • OPM to promote equitable healthcare coverage including gender-affirming care through FEHB
  • Secretary of Defense to promote equitable healthcare coverage including gender-affirming care through Military Health System

Who is ordered

Timeline

Immediate

  • Policy declaration establishing DEIA as administration priority
  • Reestablishment of government-wide diversity and inclusion initiative with expanded scope

Near term (90d)

  • Agency preliminary assessments due (100 days)
  • Government-wide DEIA Strategic Plan due (150 days)
  • OPM report on formerly incarcerated individuals' employment barriers due (120 days)

Long term

  • Agency DEIA Strategic Plans due 120 days after Government-wide Plan, then annually
  • Government-wide Plan updates every 4 years
  • Annual agency reports to President on DEIA progress
  • Ongoing implementation of training, data collection, and partnership programs

Risks & tensions

  • Implementation subject to availability of appropriations (Sec. 15(b)), creating funding uncertainty
  • Independent agencies only 'strongly encouraged' to comply, limiting universal coverage
  • Vague 'consider' and 'as appropriate' language in several sections may weaken enforcement
  • Intersection of DEIA goals with merit system principles may create tension in implementation
  • Privacy protections for demographic data collection may conflict with transparency goals
  • Political durability risk: subsequent administrations may reverse or deprioritize DEIA initiatives
  • No private right of action created (Sec. 15(d)), limiting individual enforcement mechanisms
Executive Order 14035: Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce · Executive Orders