Executive Order– Increasing Federal Employment of Individuals with Disabilities

.  Increasing Agencies’ Retention and Return to Work of Individuals with Disabilities.  (a)  The Director of the Office of Personnel Management, in consultation with the Secretary of Labor and the Chair of the Equal Employment Opportunity Commission, shall identify and assist agencies in implementing strategies for retaining Federal workers with disabilities in Federal employment including, but not limited to, training, the use of centralized funds to provide reasonable accommodations, increasing access to appropriate accessible technologies, and ensuring the accessibility of physical and virtual workspaces.

(b)  Agencies shall make special efforts, to the extent permitted by law, to ensure the retention of those who are injured on the job.  Agencies shall work to improve, expand, and increase successful return to work outcomes for those of their employees who sustain work-related injuries and illnesses, as defined under the Federal Employees’ Compensation Act (FECA), by increasing the availability of job accommodations and light or limited duty jobs, removing disincentives for FECA claimants to return to work, and taking other appropriate measures.  The Secretary of Labor, in consultation with the Director of the Office of Personnel Management, shall pursue innovative re employment strategies and develop policies, procedures, and structures that foster improved return to work outcomes, including by pursuing overall reform of the FECA system.  The Secretary of Labor shall also propose specific outcome measures and targets by which each agency’s progress in carrying out return to work and FECA claims processing efforts can be assessed.

Sec. 4.  Definitions.  (a)  "Disability" shall be defined as set forth in the ADA Amendments Act of 2008.

(b)  "Targeted disability" shall be defined as set forth on the form for self identification of disability, Standard Form 256 (SF 256), issued by the Office of Personnel Management, or any replacements, updates, or revisions thereto.

(c)  Not less than 1 year after the date of this order and in consultation with the Equal Employment Opportunity Commission, the Department of Labor, and the Office of Management and Budget, the Office of Personnel Management shall review the effectiveness of the definition of targeted disability set forth in SF 256 and replace, update, or revise it as appropriate.

Sec. 5.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   authority granted by law to a department or agency, or the head thereof; or

(ii)  functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations, and shall not be construed to require any Federal employee to disclose disability status involuntarily.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

                                                                                 BARACK OBAMA

THE WHITE HOUSE,
July 26, 2010.