FDIC 1212/03 (6-99)

TYPE AND NUMBER

Circular 2710.4

CONTACT TELEPHONE NUMBER

Michael P. Moran (703) 562-6073

DATE

November 24, 2015

DATE OF CANCELLATION (Bulletins Only)

TO: All FDIC Employees 

FROM: Segundo Pereira 

Director, Office of Minority and Women Inclusion

SUBJECT: FDIC Discrimination Complaint Process

1. Purpose To document the Federal Deposit Insurance Corporation's (FDIC) 

procedures for initiating and processing individual discrimination 

complaints based on sexual orientation, gender identity, and 

status as a parent. 

 

2. Revision FDIC Circular 2710.4, FDIC Discrimination Complaint 

Procedures, dated October 19, 2010, is hereby revised and 

superseded.

3. Scope The provisions of this Circular apply to FDIC employees and 

applicants for employment filing complaints under Executive 

Orders 11478, 13087, and 13152.

4. Background The Director, Office of Minority and Women Inclusion (OMWI),

has the delegated responsibility for the FDIC diversity and 

inclusion, civil rights, and minority and women outreach 

programs. These programs ensure that the FDIC workplace is 

inclusive, free from unlawful discrimination and harassment and 

providing equal opportunity and access to all employment 

activities.

This revised Circular incorporates certain changes in the FDIC’s 

Policy on Equal Opportunity that outlines the procedures for filing 

a complaint pursuant to the provisions of the Executive Orders 

listed below.

5. General Provisions This Circular provides employees and applicants for employment 

with administrative procedures for initiating and processing 

discrimination complaints against the FDIC that are within the 

FEDERAL DEPOSIT INSURANCE CORPORATION

DIRECTIVE SYSTEM
Circular 2710.4 2 November 24, 2015

jurisdiction of the FDIC. Claims within the jurisdiction of the FDIC 

include those based on sexual orientation, gender identity 

(transgender), status as a parent, and retaliation for participating in 

the EEO complaint process or opposing discriminatory practices 

on these bases. Note: claims alleging discrimination based on 

sexual orientation and gender identity can alternatively be 

processed under Circular 2710.2 and be subject to EEOC 

jurisdiction as complaints of sex discrimination.

This Circular does not cover general employee dissatisfaction or 

grievances covered by FDIC Circular 2140.1, FDIC Grievance 

Procedures (the grievance procedure used for employees not 

covered by the negotiated grievance procedures). However, 

when an aggrieved person alleges discrimination in connection 

with an action that would otherwise be processed as a grievance 

under FDIC Circular 2140.1, the allegation of discrimination will 

be processed under the EEOC or FDIC Discrimination Complaint 

Procedures. In those cases, the FDIC has the authority to cancel 

the grievance, or that portion of the grievance pertaining to the 

matter being processed under the EEOC or FDIC Discrimination 

Complaint Procedures.

A bargaining unit employee may pursue a claim of discrimination 

through the negotiated grievance procedure or the FDIC 

Discrimination Complaint Procedures, but not both. The employee 

must elect one procedure. The employee shall be deemed to 

have made an election at such time as the employee files a 

grievance or files a formal discrimination complaint on the same 

matter, whichever event occurs first. If a formal discrimination 

complaint is filed after a grievance has been filed on the same 

matter, the formal discrimination complaint must be dismissed.

6. Authority The provisions outlined in this Circular are internal FDIC 

procedures that do not necessarily adhere to provisions set forth 

by the EEOC, codified in Title 29 of the Code of Federal 

Regulations, Part 1614.

The authority for this Circular is based on the following Executive 

Orders. Executive Orders are issued by the President pursuant to 

the Constitution and other Federal statutes which may be 

applicable to the FDIC.

(1) Executive Order 11478 (1969), as amended, prohibits 

discrimination against Federal employees (and applicants for 

employment) based on race, color, religion, sex, age, national 

origin, disability, sexual orientation, gender identity, or status 

as a parent; 

(2) Executive Order 13087 (1998), prohibits discrimination 

against Federal employees (and applicants for employment) 
Circular 2710.4 3 November 24, 2015

based on sexual orientation; and

(3) Executive Order 13152 (2000), prohibits discrimination 

against Federal employees (and applicants for employment) 

based on the individual’s status as a parent.

7. Definitions Terms used in this Circular are defined below:

a. Aggrieved Person – A person who believes he/she has been 

discriminated against and participates in the EEO counseling 

process.

b. Alternative Dispute Resolution – A program offered by the 

FDIC during the informal and formal complaint process that 

assists the parties to reach early informal resolution in a mutually 

satisfactory fashion.

c. Amendment to a Complaint – After a formal complaint has 

been filed, a complainant may amend the complaint to include 

issues or claims like or related to those raised in the initial 

complaint. If an amendment is filed prior to the conclusion of the 

investigation of the initial complaint, the time period for 

completing the investigation may be extended.

d. Claim – The statement of the alleged issue and basis of 

discrimination raised by the complainant.

e. Complainant – A person who files a formal EEO complaint.

f. Dismissal – A decision by the FDIC that dismisses a 

complaint or specific claims contained in a complaint for 

procedural reasons cited in Section 8-d.

g. EEO Counseling – The required first step in the EEO 

complaint process.

h. EEO Counselor – An individual who is trained and assigned 

to provide counseling to aggrieved persons and attempts informal 

resolution.

i. EEO Investigator – An individual trained and authorized by 

the FDIC to conduct an impartial and thorough investigation into 

claims raised in an EEO complaint that allows a reasonable fact 

finder to draw conclusions as to whether discrimination occurred. 

j. EEO Posters – Written material posted throughout the FDIC 

workplace publicizing the names and business telephone 

numbers of the FDIC EEO Counselors, a notice of the time limits 

and necessity of contacting an EEO Counselor before filing a 

complaint, and a description of the discrimination complaint 
Circular 2710.4 4 November 24, 2015

procedures.

k. Final Agency Decision – The FDIC's final decision, issued by 

the Director, OMWI, is a reconsideration that either affirms or 

reverses the findings and conclusions in the Initial Decision. 

l. Formal Complaint – A written, signed document, which 

outlines the claim(s) of alleged employment discrimination and 

provides the address and telephone number of where the 

complainant can be contacted.

m. Initial Decision – Decision by Director, OMWI that either 

dismisses a complaint, in whole or in part; pursuant to Section 8-d, 

or addresses the merits of each accepted claim of discrimination

and, if appropriate orders corrective action and relief to the 

complainant when there is a finding of discrimination.

n. Mediation – A process by which a neutral person helps 

individuals involved in the complaint process reach a mutually

agreeable resolution.

o. Report of Investigation – The completed compilation of 

statements from witnesses and relevant documents collected 

during the investigation of the accepted claims of a discrimination 

complaint. 

p. Settlement Agreement – A written contract between the 

complainant and the FDIC that identifies the agreed upon terms 

for resolving the complaint.

8. Procedures and

Guidelines

Complaints of discrimination filed under this Circular will follow 

similar administrative procedures as used for processing 

discrimination complaints pursuant to 29 CFR 1614 (Circular

2710.2). The right to file a discrimination complaint within the 

jurisdiction of the FDIC is not derived from the EEOC’s 

regulations; therefore, certain entitlements afforded by the EEOC 

are not available to FDIC employees and applicants for 

employment who file complaints under this Circular. For 

example, complaints within the jurisdiction of the FDIC cannot 

request a hearing before an Administrative Judge of the EEOC, 

an appeal to the EEOC, or a civil action in a U.S. District Court.

The following describes the administrative procedures for claims 

filed on the basis of sexual orientation, gender identity, and status 

as a parent. For the sake of simplicity, references are made to 

complaints filed under this Circular as “FDIC Discrimination 

Complaint Process.” 

a. Initial Action. An aggrieved person must contact an FDIC 

Equal Employment Opportunity (EEO) Counselor within forty-five 
Circular 2710.4 5 November 24, 2015

(45) calendar days from the time he/she knew, or should have 

known, of the alleged discriminatory event or, in the case of an 

alleged personnel action, within forty-five (45) calendar days of 

the effective date of the personnel action in question. A list of 

FDIC’s EEO Counselors may be obtained from OMWI official 

FDIC EEO posters and the FDIC web site for EEO Counselors.

b. Counselor Response. After the aggrieved person contacts 

an FDIC EEO Counselor, the EEO Counselor will discuss with 

the aggrieved person the traditional counseling process or, if 

mediation as appropriate.

(1) Traditional Counseling. If traditional counseling is 

elected, the EEO Counselor has thirty (30) calendar days, 

unless an extension of not more than sixty (60) calendar days 

is agreed to, in which to attempt an informal resolution of the 

matter brought to his/her attention. If the matter is not 

resolved, the EEO Counselor will provide the aggrieved 

person written notice of his/her right to file a formal complaint 

of discrimination.

(2) Mediation. If mediation is offered and selected by the 

aggrieved person, the aggrieved person must agree to extend 

the EEO Counseling period for up to sixty (60) additional 

calendar days. If the matter is not resolved within ninety (90) 

calendar days, the FDIC EEO Counselor will issue the 

aggrieved person the notice of right to file a formal complaint.

c. Formal Discrimination Complaint. The aggrieved person 

must file a formal discrimination complaint within fifteen (15) 

calendar days after he/she receives the notice of right to file a 

complaint. Formal complaints must be filed with one of the 

following FDIC officials: 

(1) Chief, Complaints Processing Branch, OMWI;

(2) Director, OMWI; or

(3) FDIC Chairman. (Note: Complaints filed directly with the 

FDIC Chairman will be referred to OMWI for processing). 

d. Acceptance/Dismissal of Formal Complaint. OMWI will 

acknowledge, in writing, receipt of the formal discrimination 

complaint. Upon review of the formal complaint and the EEO 

Counselor’s Report, OMWI will notify the complainant in writing of 

the accepted claims for investigation. OMWI will also notify the 

complainant in writing of any claims that will be dismissed for 

procedural reasons or if the complaint will be dismissed in its 

entirety in an Initial Decision.
Circular 2710.4 6 November 24, 2015

OMWI may dismiss a complaint, or individual claims contained in 

a complaint:

(1) That fails to state a claim or states the same claim that is 

pending before or has been decided by the FDIC;

(2) That fails to comply with the applicable time limits for 

contacting an EEO Counselor for filing a complaint, unless the 

agency extends the time limits, or that raises a matter that had 

not been brought to the attention of an EEO Counselor and is 

not like or related to a matter that has been brought to the 

attention of an EEO Counselor;

(3) That is the subject of a matter raised in a negotiated 

grievance procedure that permits claims of discrimination 

covered by this Circular;

(4) That is moot or alleges a proposal to take a personnel 

action, or other preliminary step to taking a personnel action, 

is discriminatory, unless the complaint alleges the proposal is 

retaliatory;

(5) Where the complainant cannot be located, provided that 

reasonable efforts have been made to locate the complainant 

and the complainant has not responded within 15 days to a 

notice of proposed dismissal sent to his/her last known 

address;

(6) Where OMWI has provided the complainant with a written 

request to provide relevant information or otherwise proceed 

with the complaint, and the complainant has failed to respond 

to the request within 15 days of its receipt, or the 

complainant’s response does not address OMWI’s request 

provided that the request included a notice of the proposed 

dismissal. Instead of dismissing for failure to cooperate, the 

complaint may be adjudicated if sufficient information for that 

purpose is available;

(7) That alleges dissatisfaction with the processing of a 

previously filed complaint; or, 

(8) Where OMWI, strictly applying the criteria set forth in other 

discrimination complaint decisions, finds that the complaint is 

part of a clear pattern of misuse of the complaint process for a 

purpose other than the prevention and elimination of 

employment discrimination. 

e. Investigation. All claims of discrimination accepted for 

processing will be investigated. The investigation will be 

completed within one hundred eighty (180) calendar days from 

the filing date of the formal complaint. If an amendment to the 
Circular 2710.4 7 November 24, 2015

complaint is filed, the investigation will be completed within one 

hundred eighty (180) calendar days from the filing date of the 

amendment or three hundred sixty (360) calendar days from the 

filing date of the initial formal complaint. Upon completion of the 

investigation, the complainant will receive a copy of the 

completed Report of Investigation (ROI).

f. Initial Decision

OMWI will review the completed ROI and issue an Initial Decision 

to the complainant analyzing the merits of each claim of 

discrimination accepted for processing. If discrimination is found, 

the Initial Decision will address corrective action appropriate to 

the finding of discrimination and within the authority of the FDIC. 

If the Initial Decision concludes with a finding of no discrimination, 

the complainant will be informed of his or her right to request, in 

writing, reconsideration from the Director, OMWI, within thirty (30) 

calendar days of receipt of the Initial Decision. The complainant 

will have the opportunity to submit additional information relevant 

to the accepted claims. 

An Initial Decision can also be issued dismissing a complaint for 

procedural reasons outlined in Section 8-d. 

g. Final Agency Decision. Upon a request for reconsideration 

after the Initial Decision, the Director, OMWI will review the 

request, along with the Initial Decision, the completed ROI, and 

any additional information submitted by the complainant, and 

issue a Final Agency Decision within forty (40) calendar days. 

The FAD may affirm or reverse the Initial Decision. If there is a 

finding of no discrimination and/or the dismissal of any claims is 

affirmed, the Final Agency Decision will effectively close the 

complaint. If discrimination is found, the Director, OMWI will 

order appropriate remedies and corrective action within the 

authority of the FDIC.

h. Remedies and Relief. If the Director, OMWI issues an Initial 

Decision or a Final Agency Decision with a finding of 

discrimination based on prohibited factors covered by this 

Circular, the Director will provide relief consistent with those 

allowed by existing laws and regulations:

(1) For a FDIC employee, a decision finding discrimination 

must provide relief, to the extent of its lawful authority, for the 

employee that does not exceed that allowed under 29 CFR 

§1614.501(c), exclusive of compensatory and punitive 

damages.

(2) For an applicant for employment with the FDIC, a decision 

finding discrimination must provide relief, to the extent of its 
Circular 2710.4 8 November 24, 2015

lawful authority, for the applicant that does not exceed that 

allowed under 29 CFR §1614.501(b), exclusive of 

compensatory and punitive damages.

i. Employee Responsibility. OMWI will investigate all aspects 

of allegations of discrimination accepted for investigation. The 

investigation includes a thorough review of the circumstances of 

the complaint and the treatment of members of the complainant’s 

protected group(s) as compared to the treatment of other 

employees in the organizational segment under which the 

complaint arose. All FDIC employees having knowledge of the 

matter have an obligation to cooperate in the investigative 

process. Failure to cooperate may lead to appropriate 

administrative action.

j. Freedom from Restraint, Interference, Coercion, and 

Retaliation. Individuals, including complainants, representatives, 

witnesses, investigators, OMWI personnel, counselors, or other 

FDIC officials with responsibility for processing FDIC 

Discrimination Complaints, must not be subjected to retaliation for 

participating in a protected activity or for opposing discrimination 

prohibited by policy. A claim of retaliation for participating in the 

procedures outlined in this Circular will be processed under these 

procedures beginning with the aggrieved individual contacting an 

FDIC EEO Counselor.

k. Effect on Other Entitlements. Nothing contained in this 

Circular shall be interpreted to abridge an employee’s or job 

applicant’s existing entitlement, if any, to present matters 

governed by this Circular under the FDIC’s grievance procedures 

or a negotiated grievance procedures, or to present to the EEOC, 

the U.S. Merit Systems Protection Board, or the U.S. Office of 

Special Counsel claims concerning matters within their respective 

jurisdictions.

9. Record Keeping

Requirements

Records shall be maintained in accordance with FDIC Circular

1210.1, FDIC Records and Information Management (RIM) Policy 

Manual.

10. Contact

Information

For information related to discrimination matters within the 

jurisdiction of the FDIC, contact the FDIC’s Complaints 

Processing Branch, OMWI, at 1-877-275-3342 or for TTY (703) 

562-2473.

11 Effective Date The provisions of this Circular are effective immediately.