Page 1

Federal Deposit Insurance Corporation

No FEAR Act Annual Report to Congress

Fiscal Year 2015
Page 2

Introduction

The mission of the Federal Deposit Insurance Corporation (FDIC) is to preserve and promote public 

confidence in the nation’s financial system by insuring deposits, examining and supervising financial 

institutions for safety and soundness and consumer protection, and managing receiverships. To achieve its 

mission, the FDIC believes that its employees are its most valued asset and is committed to ensuring that 

its workplace is free from discrimination, harassment and retaliation.

The FDIC is pleased to present its Notification and Federal Employee Antidiscrimination and Retaliation 

Act (No FEAR Act) Annual Report to Congress for Fiscal Year 2015. This report provides information 

about administrative complaints of employment discrimination and retaliation and cases filed and pending 

in the Federal courts. It also includes the FDIC’s annual EEO Policy Statement, information on actions 

taken and planned to improve the FDIC’s EEO Complaint program, the training of its employees on the 

No FEAR Act, and copies of FDIC policies relating to discrimination, anti-harassment, whistleblower 

protection rights, and disciplinary and adverse action.
Page 3

Table of Contents

2 INTRODUCTION

4 PURPOSE OF REPORT

5 NO FEAR ACT LEGAL COVERAGE

5 NO FEAR ACT DATA AND ANALYSIS

5 EEO Complaint Activity in Federal Court and Disposition

5 Judgment Fund Reimbursements and Budget Adjustments

6 Number of Employees Disciplined and Discipline Policy

7 Trends of Administrative EEO Complaint Activity

8 Causal Analysis

9 Practical Knowledge Gained through Experience

9 Actions Planned/Taken to Improve FDIC EEO Complaint Program

11 FDIC No FEAR Act Training Plan

APPENDIX A

13 FDIC CHAIRMAN’S ANNUAL EEO POLICY STATEMENT 

APPENDIX B: FDIC SUMMARY DATA

15 B-1 Federal Court Data

17 B-2 EEO Data Posted Pursuant to the No FEAR Act

APPENDIX C: FDIC POLICIES RELATING TO NON-DISCRIMINATION

24 C-1 Circular 2710.1 – Corporation’s Policy on Equal Opportunity

35 C-2 Circular 2710.3 – FDIC Anti-Harassment Program

47 C-3 Circular 2750.1 – Disciplinary and Adverse Actions

57 C-4 Circular 2400.2 – Whistleblower Protection Rights
Page 4

Purpose of Report

The No FEAR Act (Pub. L. No. 107-174) requires Federal agencies to be accountable for violations of 

antidiscrimination and whistleblower protection laws. The Act requires the FDIC to submit an annual report 

within 180 days after the end of the fiscal year to the Speaker of the House of Representatives, the President

Pro Tempore of the Senate, the Committee on Governmental Affairs of the Senate, the Committee on 

Government Reform of the House of Representatives, each committee of Congress with jurisdiction relating

to the FDIC, the U.S. Equal Employment Opportunity Commission (EEOC), and the Attorney General.

The U.S. Office of Personnel Management (OPM) regulations also require the submission of this report to

the Director of OPM.

Specifically, the No FEAR Act Annual Report must provide the following information:

• The number, status, and disposition of Federal court cases arising under the laws covered by the

No FEAR Act;

• Judgment Fund reimbursements and adjustments to the FDIC budget to meet reimbursement 

requirements;

• The number of employees disciplined for discrimination, retaliation, or harassment, and the FDIC

policies relating to appropriate disciplinary action;

• Final year-end summary data related to FDIC EEO complaint activity for the fiscal year;

• An analysis of trends, causation, and practical knowledge gained through experience;

• Actions planned or taken to improve FDIC EEO complaint programs; and,

• The FDIC No FEAR Act training plan.

This report is based on Fiscal Year (FY) 2015 data (October 1, 2014 - September 30, 2015)
Page 5

No FEAR Act Legal Coverage

The laws covered by the No FEAR Act include:

• Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-16 (race, color, religion, sex, 

and national origin);

• The Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 633a (age);

• The Equal Pay Act of 1963, 29 U.S.C. § 206(d) (gender-based wage differentials);

• Section 501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 (disability);

• The Genetic Information Nondiscrimination Act of 2008, Pub. L. No. 110-233 (genetic 

information); and,

• Prohibited Personnel Practices, 5 U.S.C. §§ 2302(b) and (d) (race, color, religion, sex, national 

origin, age, disability, marital status, political affiliation, and whistleblowing).

No FEAR Act Data and Analysis

The FDIC presents the following information to meet the reporting requirements of the No FEAR Act and its 

implementing regulations.

EEO Complaint Activity in Federal Court and Disposition

In FY 2015, there were seven cases pending during the fiscal year; six in district court and one in appellate 

court. Of the seven cases, five were newly filed in FY 2015, and two cases were pending from previous years 

(one from FY 2014 pending in district court and one from FY 2013 pending in appellate court). The five 

new district court cases filed raised allegations of discrimination under Title VII and the Age Discrimination

in Employment Act. While one case was affirmed in favor of the FDIC, a motion was filed for re-hearing

and is pending. [Appendix B-1]

Judgment Fund Reimbursements and Budget Adjustments

The Judgment Fund was established to pay court judgments and Justice Department compromise settlements 

of actual or imminent lawsuits against the government. It is a permanent, indefinite appropriation, 

administered by the U.S. Department of the Treasury and is available to pay judicially and administratively 

ordered monetary awards against the United States. The No FEAR Act requires Federal agencies to reimburse 

the Judgment Fund for payments made to employees, former employees, and applicants for Federal 

employment because of actual or alleged violations of Federal employment discrimination laws, Federal 

whistleblower protection laws, and retaliation claims arising from the assertion of rights under those laws.
Page 6

The FDIC is an independent agency and is not appropriated by Congress, with the exception of the FDIC, 

Office of Inspector General (OIG). There were no judgments against the FDIC, including the OIG, from 

cases pending or resolved in Federal District Court in FY 2015. Therefore, no budget adjustments were

necessary.

Number of Employees Disciplined and Discipline Policy

During FY 2015, there was one finding of retaliation decided by an EEOC Administrative Judge, stemming 

from an administrative EEO complaint filed against the FDIC in 2011. The FDIC implemented the 

Administrative Judge’s decision as it related to personal relief and, based on the circumstances of the case, 

decided that no further action was needed. Thus, no disciplinary action involving any FDIC employee for

conduct associated with the finding of retaliation was taken. 

The FDIC is committed to strengthening and maintaining a workplace that sustains its position as a leader a 

model workplace and an employer of choice. The FDIC has a zero tolerance policy for acts of

discrimination, harassment or retaliation and continues to cultivate a workplace culture of excellence that is 

inclusive and supportive of diversity. The FDIC’s disciplinary action policy fosters positive and effective 

relationships between managers and employees through communication and, when necessary, administers 

disciplinary and adverse action in a fair and consistent manner. Additionally, the FDIC provided training to 

managers and supervisors on how to avoid retaliation. The training is entitled “EEO and Diversity for 

Managers and Supervisors” is delivered biennially and is mandatory for all managers and supervisors.

Also, this commitment was relayed to all FDIC employees by the FDIC Chairman on February 11, 2015. 

[Appendix A].

A copy of FDIC policies related to Equal Opportunity, Anti-Harassment Program, Disciplinary and Adverse

Actions, and Whistleblower Protection Rights are included under Appendix C.
Page 7

Trends of Administrative EEO Complaint Activity

During FY 2015, there was a decrease in the number of administrative EEO complaints filed against the FDIC: 

47 in FY 2014 and 33 in FY 2015. This represents a 30 percent decrease from FY 2014. [Figure 1].

Figure 1

Among the most frequently filed complaints in FY 2015, 55 percent of the complaints were filed on the basis

of reprisal; 52 percent of the complaints were filed on the basis of race; 45 percent of the complaints were filed

on the basis of sex; and, 45 percent of the complaints were filed on the basis of disability.

Claims based on reprisal, race and sex are down from FY 2014, where claims on these bases were 62 percent, 

53 percent, and 57 percent respectively. Claims based on disability increased to 45 percent in FY 2015 from 

38 percent in FY 2014.

Over the past three years, there has been a continued decrease in complaints alleging workplace harassment with 

8 complaints in FY 2015, 17 complaints in FY 2014, and 31 complaints in FY 2013. Indeed, workplace 

harassment complaints have decreased by 74 percent since FY 2013. Also, there was a decrease in complaints 

alleging: (1) performance evaluation/appraisal (9 in FY 2015, 16 in FY 2014, and 21 in FY 2013); (2) 

assignment of duties (6 in FY 2015, 14 in FY 2014, and 15 in FY 2013); and (3) promotion/non-selection (7 

in FY 2015, 11 in FY 2014, and 19 in FY 2013). The decrease in the number of complaints of harassment, 

evaluation/appraisal, assignment of duties and promotion/non-selection may be attributed to an effective antiharassment policy, counseling, training, and a greater understanding of policies and practices by FDIC employees. 

0

10

20

30

40

50

60

2010 2011 2012 2013 2014 2015

22

51

44 48 47

33

Administrative Complaints Filed FYs 2010- 2015
Page 8

The FDIC’s Anti-Harassment Program, which allows for harassment claims to be reviewed and resolved

expeditiously by the Office of Minority and Women Inclusion, the Division of Administration’s Human 

Resources Branch, Labor Employee Relations Section, and the Legal Division, has been successful in 

providing information to employees, managers and supervisors. There were no instances of workplace 

harassment reported through the FDIC’s Anti-Harassment Program in FY 2015.

Causal Analysis

As stated earlier, the FDIC saw a decrease in the number of EEO complaints since 2012. This decrease may 

be attributed to the gradual decrease in the FDIC’s total workforce that included a significant number of 

non-permanent employees that were hired to assist during the financial crisis. The FDIC’s workforce 

increased from 4,694 in FY 2007 (pre-crisis) to a peak of 8,410 in 2011, and began to gradually decrease 

thereafter. The workforce is beginning to stabilize with 6,724 employees at the end of FY 2015. Similarly, 

the number of EEO complaints peaked in 2011 at 51, declined during 2012 through 2014, and is at its lowest 

since 2010 at 33. The percentage of the workforce filing EEO complaints is far less than one percent.

The decrease in the number of EEO complaints may also be attributable to: (1) FDIC’s policies relevant to 

diversity and inclusion, equal employment opportunity and non-discrimination in employment, and, (2) EEO 

and other focused training activities in FY 2015.

In FY 2015, the FDIC initiated the revision of all of its policies relevant to equal opportunity and nondiscrimination in employment, programs and activities. As part of this process, the FDIC requires draft 

policies to be disseminated to all employees for review and comment prior to finalization. This allows 

employees the opportunity to review, comment and ask questions regarding the draft policies, which in turn 

promotes engagement, education and a better understanding of the EEO policy subjects. 

Among the policies that were under revision were the FDIC’s Equal Opportunity policy, the EEO 

Complaints policy pursuant to the EEOC regulations, the EEO Complaints policy pursuant to Executive 

Orders, and the Anti-Harassment Program policy. Additionally, throughout 2015, the FDIC was actively 

implementing and updating, as needed, its Diversity and Inclusion Strategic Plan and the division and office 

level diversity plans. These plans include strategies to address FDIC’s core values of integrity, competence, 

teamwork, effectiveness, accountability and fairness and strategies to address specific organizational 

workforce issues.
Page 9

In FY 2015, the FDIC also provided training to its leadership, managers and supervisors, and employees on 

topics involving non-discrimination, harassment and retaliation. The FDIC administered its biennial No 

FEAR Act training; provided several trainings on harassment and retaliation to executives, managers, 

supervisors and employees; provided classroom training on Unconscious Bias, Small Acts of Inclusion, EEO 

and Diversity for Supervisors and Managers, and Diversity and Inclusion. These training activities presented

the opportunity to not only promote valuing, accepting and respecting individuals regardless of race, color, 

national origin, sex, religion, sexual orientation, age, disability or other characteristics, but an understanding

of the legal rights and responsibilities among all FDIC employees under statutes covered by the No FEAR 

Act. 

Practical Knowledge Gained through Experience

As indicated above, the decrease in the number of EEO complaints and the number of harassment claims may 

be attributed to the proactive efforts to educate FDIC employees on the policies relevant to anti-discrimination 

and harassment. Policy discussions, along with training activities, presented opportunities to broaden 

communication about the law, discuss issues on a practical level, and inform individuals of their rights and 

responsibilities.

With a blended workforce of permanent and non-permanent employees who were heavily involved in meeting the 

agency’s mission responsibilities through the financial crisis, and the stabilization of both the economy and the 

FDIC work, work environment issues also abated. In 2015, there were fewer financial institution failures (i.e., a 

less demanding work environment), a decrease in the number of the total workforce, and more synergy around 

supporting workplace excellence.

Actions Planned/Taken to Improve FDIC EEO Complaint Program

The FDIC has a longstanding commitment to prohibiting discrimination and harassment in its workplace and 

in all of its programs and activities. To support this commitment, the FDIC makes continuous efforts to improve its 

programs, policies, and procedures and to adhere to the laws and regulations that protect the rights of its employees. 

Actions Taken During FY 2015

The FDIC implemented the following initiatives in 2015:

• Reviewed internal operating practices and procedures (including participating in process mapping 

sessions) and implemented procedures to improve complaints processing times, early resolution, and 

prevention of complaints;
Page 10

• Commissioned a third party review by the FDIC Corporate Risk Management Branch to assess the 

efficiency and effectiveness of the Complaints Processing program;

• Improved complaint processing times for completing EEO complaint investigations and issuing final 

agency decisions;

• Continued to administer the No FEAR Act computer-based training course to all employees;

• Appointed an Anti-Harassment Program Coordinator to assist in preventing and correcting harassment

claims at the earliest possible opportunity;

• Revised the Anti-Harassment Program policy for consistency with current EEOC guidance;

• Established and trained division and office points of contact to serve as liaisons between the Office of 

Minority and Women Inclusion and the Regional and Field Offices to ensure compliance and efficiency 

of EEO investigations;

• Contracted with a vendor to revise and deliver the mandatory biennial EEO and Diversity classroom 

training for managers and supervisors;

• Sponsored training for managers, supervisors and employees on: Unconscious Bias, Small Acts of 

Inclusion, and Diversity and Inclusion;

• Conducted two webinars for managers and employees on the Anti-Harassment Program policy; and,

• Incorporated electronic scanning and data dashboard elements into the existing complaints tracking 

system to improve complaint processing efficiency and prepare for continuing operations in the event 

of an emergency;

Planned Actions to Improve the FDIC EEO Complaint Program

During FY 2016, the FDIC plans to:

• Continue to review internal practices and procedures to improve complaints processing, and implement 

the quality control recommendations resulting from the third party review conducted in 2015;

• Reissue the Chairman’s EEO policy statement;

• Complete the revisions of the FDIC’s EEO policies and publicize to all employees;

• Update the EEO posters and other complaint documents to ensure compliance with regulatory 

requirements;

• Review the No FEAR Act training module for any necessary updates prior to the next biennial 

administration to employees;

• Review and update, as appropriate, the EEO Alternative Dispute Resolution policy; and,

• Conduct additional training on the EEO complaints process and the Anti-Harassment Program policy.
Page 11

FDIC No FEAR Act Training Plan

The FDIC adheres to the requirements of the No FEAR Act to provide biennial training for all 

employees. A global message is issued to all employees announcing the beginning of each biennial 

training cycle. Additionally, the FDIC issues its annual No FEAR Act Notice to all employees to

inform them of the available rights and protections under Federal anti-discrimination and 

whistleblower protection laws. The training cycle for this reporting period is FY 2014 – 2015. 

The FDIC No FEAR Act training was updated in FY 2014 to include new guidance on whistleblower 

protection laws and will be reviewed for any necessary updates in 2016. The training includes discussions on 

the Federal anti-discrimination laws, anti-retaliation laws, Executive Orders, whistleblower protection laws, 

and the FDIC mediation program. The training modem is compliant with the Rehabilitation Act, Section 508

(i.e., open captioned), and incorporates various techniques to reach different learning styles, including

multimedia. The FDIC’s No FEAR Act training is administered through FDICLearn, the learning

management system implemented and maintained by FDIC’s Corporate University. The FDIC tracks the 

number of employees completing the training and issues notification to those who have not completed it 

within the training cycle. By the end of FY 2015, 98 percent of the workforce had completed the training. 

New FDIC employees are advised during the New Employee Orientation Program of the requirement to 

complete the No FEAR Act Training within 90 days after their start date.

In addition to the No FEAR Act training, FDIC managers and supervisors are required to complete a 

mandatory EEO and Diversity classroom training biennially, which is designed to promote the prevention and 

elimination of discriminatory practices in the workplace.
12

FDIC 1212/03 (6-99) October 19, 2010

Appendix A

FDIC ANNUAL EEO POLICY STATEMENT
Federal Deposit Insurance Corporation

550 17th Street NW, Washington, DC 20429

MEMORANDUM FOR ALL FDIC EMPLOYEES

From: Martin J. Gruenberg

C~"F1' ,lZ'i~"1

Subject: Equal Employment Opportunity Policy Statement

Office of the Chairman

February 11, 2015

am pleased to reaffirm the FDIC's commitment to the principles of equal employment

opportunity. It is the FDIC's policy to provide every individual with an equal opportunity in ail of

our employment programs and business activities, and to prohibit discrimination in all aspects of

our personnel operations (including recruitment, hiring, promotions, training, awards,

reorganizations, and employee retention).

expect every FDIC employee—staff and supervisors—to continue our dedicated efforts to

strengthen and sustain the FDIC's position as a model workplace and employer of choice. It is

essential that we continue to cultivate a workplace culture of excellence that is inclusive and

supportive of diversity, and safe and free from hostility or harassment. Such a workplace treats

everyone with dignity and respect, embraces our differences, and allows the freedom to compete'

on a fair and level playing field.

am confident that all of you will become familiar with and adhere to the EEO principles and

affirm our zero tolerance for- prohibited, discriminatory behavior. We must continue to conduct

ourselves with professional courtesy and advance the principles of workplace access and

inclusion.

For more information about equal employment opportunity and freedom from reprisal for those

who engage in protected activity, please take the time to review the Corporation's Policy on

Equal Opportunity (Circular 2710.1 dated October 19, 2010) at

http://fdic01 /division/doa/adminservices/records/directivesl2000/2710-1.doc.

Page 13
Page 14

Appendix B

FDIC SUMMARY COMPLAINT DATA
October 19, 2010

Appendix B-1

Federal Court Data
Page 16

Appendix B-1: Summary Complaint Data - Federal Court Data

FEDERAL CASES PENDING in FY 2015

Cases pending at any time during the year, including those filed during the year, and those disposed of during the year

Pending District Court Cases 6

Pending Appellate Court Cases 1

New Cases Filed in District Court 5

1. Pending Cases

ALLEGING A VIOLATION OF –

Antidiscrimination Laws Whistleblower Protection Laws

5 USC 29 USC 42 USC 5 USC

§ 2302(b)(1) § 2302(b)(9) § 206(d) § 631 § 633a § 791 § 2000e-16 § 2302(b)(8) § 2302(b)(9)

disposed of during FY 2015 0 0 0 0 0 0 0 0 0

still pending at end of FY 2015 0 0 0 0 2 1 6 0 0

2. Disposition of Cases (including dismissals)

Settlements 0 0 0 0 0 0 0 0 0

Withdrawals 0 0 0 0 0 0 0 0 0

Final Judgment for Complainant 0 0 0 0 0 0 0 0 0

Final Judgment for Agency 0 0 0 0 0 0 0 0 0

Reimbursement to Judgment Fund 0 0 0 0 0 0 0 0 0

Remand of appellate cases to District

Court 0 0 0 0 0 0 0 0 0

Reimbursement to Judgment Fund For

Attorney’s Fees (where separately

designated)

0 0 0 0 0 0 0 0 0

3. Number of Employees Disciplined In Connection With Federal Court Litigation For Violating Antidiscrimination and Whistleblower Protection Laws

Reprimand 0 0 0 0 0 0 0 0 0

Suspension without pay 0 0 0 0 0 0 0 0 0

Reduction in grade or pay 0 0 0 0 0 0 0 0 0

Removal 0 0 0 0 0 0 0 0 0

4. Aggregate Number of Employees Disciplined In Accordance With FDIC Policies for Conduct That Is Inconsistent With Federal Anti-discrimination

Laws And Whistleblower Protection Laws Whether Or Not In Connection With Federal Court Litigation

Reprimand 0

Suspension without pay 0

Reduction in grade or pay 0

Removal 0
FDIC 1212/03 (6-99) October 19, 2010

Appendix B-2

EEO Data Posted Pursuant to the No FEAR Act
Page 18

Appendix B-2: Summary Complaint Data - Equal Employment Opportunity Data Posted

Pursuant to the No FEAR Act

Data as of 09-30-2015 

 

Complaint Activity 2010 2011 2012 2013 2014 2015

Number of Complaints Filed 22 51 44 48 47 33

Number of Complainants 22 42 37 43 40 29

Repeat Filers 0 3 2 2 6 4

Complaints by Basis

Note: Complaints can be filed alleging multiple bases. The sum 

of the bases may not equal total complaints filed. 2010 2011 2012 2013 2014 2015

Race 9 28 25 22 25 17

Color 2 14 10 12 8 6

Religion 1 3 0 1 1 1

Reprisal 8 23 30 35 29 18

Sex 10 19 17 20 27 15

PDA 0 0 0 0 0 0

National Origin 1 5 5 8 6 7

Equal Pay Act 0 0 0 0 1 0

Age 17 22 18 20 17 12

Disability 8 8 13 17 18 10

Genetic Information 0 0 0 0 1 1

Non-EEO 0 1 4 3 9 5

Number of Complaints Alleging Each Type of Claim

Note: Complaints can be filed alleging multiple issues. The sum 

of the issues may not equal total complaints filed. 2010 2011 2012 2013 2014 2015

Appointment/Hire 4 14 12 2 7 4

Assignment of Duties 4 15 17 15 14 6

Awards 2 9 6 4 3 2

Conversion to Full-time 3 3 0 0 0 0

Disciplinary Action

Demotion 0 2 1 1 0 0

Reprimand 3 5 4 4 1 0

Removal 3 1 3 4 5 0

Suspension 0 1 0 0 1 3

Other 3 14 12 9 4 4

Duty Hours 0 2 3 2 0 0

Evaluation Appraisal 12 22 17 21 16 9

Examination Test 2 0 1 2 1 1

Harassment

Non-Sexual 9 30 25 29 14 8

Sexual 0 4 3 2 3 0

Medical Examination 0 0 1 2 0 0

Pay (Including Overtime) 3 9 5 5 4 3

Promotion Non-Selection 8 20 18 19 11 7

Reassignment

Denied 4 6 6 7 2 4

Directed 0 4 0 5 1 1

Reasonable Accommodation 3 2 4 12 4 2

Reinstatement 0 1 1 0 0 0

Retirement 0 2 0 1 0 0

Termination 5 7 2 7 9 4

Terms/Conditions of Employment 1 7 4 6 4 4

Time and Attendance 1 6 7 10 8 2
Page 19

Training 7 10 9 9 5 1

Other 9 14 9 15 11 9

Processing Time

2010 2011 2012 2013 2014 2015

Complaints pending during fiscal year

Average number of days

in investigation 199 207 224 220.64 220 178

Average number of days

in final action 46 30 43 118.11 41 45

Complaints pending during fiscal year where hearing was requested

Average number of days

in investigation 198 185 223 233.40 219 190

Average number of days

in final action 20 20 12 30.00 27 33

Complaints pending during fiscal year where hearing was not requested

Average number of days

in investigation 200 230 226 211.44 222 148

Average number of days

in final action 73 46 48 143.29 70 48

Complaints Dismissed by Agency

2010 2011 2012 2013 2014 2015

Total Complaints Dismissed by Agency 5 8 10 6 8 6

Average Days pending prior to dismissal 132 45 84 25 75 96

Complaints Withdrawn by Complainants

2010 2011 2012 2013 2014 2015

Total Withdrawn by Complainants 5 5 2 4 2 2

Total Final Actions Finding Discrimination

2010 2011 2012 2013 2014 2015

Total Number of Findings 0 0 0 0 0 1

Without Hearing 0 0 0 0 0 0

With Hearing 0 0 0 0 0 1 (100%)

Findings of Discrimination Rendered by Basis

Note: Complaints can be filed alleging multiple Bases. The sum 

of the bases may not equal total complaints filed. 2010 2011 2012 2013 2014 2015

Total Number of Findings 0 0 0 0 0 1

Race 0 0 0 0 0 0

Color 0 0 0 0 0 0

Religion 0 0 0 0 0 0

Reprisal 0 0 0 0 0 1 (100%)

Sex 0 0 0 0 0 0

National Origin 0 0 0 0 0 0

Equal Pay Act 0 0 0 0 0 0

Age 0 0 0 0 0 0

Disability 0 0 0 0 0 0

Genetic Information 0 0 0 0 0 0

Non-EEO 0 0 0 0 0 0

Findings After Hearing 0 0 0 0 0 1

Race 0 0 0 0 0 0

Color 0 0 0 0 0 0

Religion 0 0 0 0 0 0

Reprisal 0 0 0 0 0 1 (100%)

Sex 0 0 0 0 0 0

National Origin 0 0 0 0 0 0

Equal Pay Act 0 0 0 0 0 0

Age 0 0 0 0 0 0
Page 20

Disability 0 0 0 0 0 0

Genetic Information 0 0 0 0 0 0

Non-EEO 0 0 0 0 0 0

Findings Without Hearing 0 0 0 0 0 0

Race 0 0 0 0 0 0

Color 0 0 0 0 0 0

Religion 0 0 0 0 0 0

Reprisal 0 0 0 0 0 0

Sex 0 0 0 0 0 0

National Origin 0 0 0 0 0 0

Equal Pay Act 0 0 0 0 0 0

Age 0 0 0 0 0 0

Disability 0 0 0 0 0 0

Genetic Information 0 0 0 0 0 0

Non-EEO 0 0 0 0 0 0

Findings of Discrimination Rendered by Issue

2010 2011 2012 2013 2014 2015

Total Number of Findings 0 0 0 0 0 1 (100%)

Appointment/Hire 0 0 0 0 0 0

Assignment of Duties 0 0 0 0 0 0

Awards 0 0 0 0 0 0

Conversion to Full-time 0 0 0 0 0 0

Disciplinary Action

Demotion 0 0 0 0 0 0

Reprimand 0 0 0 0 0 0

Suspension 0 0 0 0 0 0

Removal 0 0 0 0 0 0

Other 0 0 0 0 0 1 (100%)

Duty Hours 0 0 0 0 0 0

Evaluation Appraisal 0 0 0 0 0 0

Examination Test 0 0 0 0 0 0

Harassment

Non-Sexual 0 0 0 0 0 0

Sexual 0 0 0 0 0 0

Medical Examination 0 0 0 0 0 0

Pay Including Overtime 0 0 0 0 0 0

Promotion Non-Selection 0 0 0 0 0 0

Reassignment

Denied 0 0 0 0 0 0

Directed 0 0 0 0 0 0

Reasonable Accommodation 0 0 0 0 0 0

Reinstatement 0 0 0 0 0 0

Retirement 0 0 0 0 0 0

Termination 0 0 0 0 0 0

Terms/Conditions of Employment 0 0 0 0 0 0

Time and Attendance 0 0 0 0 0 0

Training 0 0 0 0 0 0

Other - User Defined 0 0 0 0 0 0

Findings After Hearing 0 0 0 0 0 1

Appointment/Hire 0 0 0 0 0 0
Page 21

Assignment of Duties 0 0 0 0 0 0

Awards 0 0 0 0 0 0

Conversion to Full-time 0 0 0 0 0 0

Disciplinary Action

Demotion 0 0 0 0 0 0

Reprimand 0 0 0 0 0 0

Suspension 0 0 0 0 0 0

Removal 0 0 0 0 0 0

Other 0 0 0 0 0 1 (100%)

Duty Hours 0 0 0 0 0 0

Evaluation Appraisal 0 0 0 0 0 0

Examination Test 0 0 0 0 0 0

Harassment

Non-Sexual 0 0 0 0 0 0

Sexual 0 0 0 0 0 0

Medical Examination 0 0 0 0 0 0

Pay Including Overtime 0 0 0 0 0 0

Promotion Non-Selection 0 0 0 0 0 0

Reassignment

Denied 0 0 0 0 0 0

Directed 0 0 0 0 0 0

Reasonable Accommodation 0 0 0 0 0 0

Reinstatement 0 0 0 0 0 0

Retirement 0 0 0 0 0 0

Termination 0 0 0 0 0 0

Terms/Conditions of Employment 0 0 0 0 0 0

Time and Attendance 0 0 0 0 0 0

Training 0 0 0 0 0 0

Other - User Defined 0 0 0 0 0 0

Findings Without Hearing 0 0 0 0 0 0

Appointment/Hire 0 0 0 0 0 0

Assignment of Duties 0 0 0 0 0 0

Awards 0 0 0 0 0 0

Conversion to Full-time 0 0 0 0 0 0

Disciplinary Action

Demotion 0 0 0 0 0 0

Reprimand 0 0 0 0 0 0

Suspension 0 0 0 0 0 0
Page 22

Removal 0 0 0 0 0 0

Other 0 0 0 0 0 0

Duty Hours 0 0 0 0 0 0

Evaluation Appraisal 0 0 0 0 0 0

Examination Test 0 0 0 0 0 0

Harassment

Non-Sexual 0 0 0 0 0 0

Sexual 0 0 0 0 0 0

Medical Examination 0 0 0 0 0 0

Pay Including Overtime 0 0 0 0 0 0

Promotion Non-Selection 0 0 0 0 0 0

Reassignment

Denied 0 0 0 0 0 0

Directed 0 0 0 0 0 0

Reasonable Accommodation 0 0 0 0 0 0

Reinstatement 0 0 0 0 0 0

Retirement 0 0 0 0 0 0

Termination 0 0 0 0 0 0

Terms/Conditions of Employment 0 0 0 0 0 0

Time and Attendance 0 0 0 0 0 0

Training 0 0 0 0 0 0

Other - User Defined 0 0 0 0 0 0

Pending Complaints Filed in Previous Fiscal Years by Status

2010 2011 2012 2013 2014 2015

Total Complaints from previous Fiscal Years 25 24 46 59 34 41

Total Complainants 21 20 38 48 33 35

Number of Complaints Pending

Investigation 0 0 1 0 0 0

Hearing 8 8 14 28 32 41

Final Action 2 0 2 0 1 0

Appeal 3 9 11 13 8 14

Complaint Investigations

2010 2011 2012 2013 2014 2015

Pending Complaints Where Investigations 

Exceed Required Time Frames 0 0 0 0 0 0
Page 23

Appendix C

FDIC POLICIES RELATING TO NON-DISCRIMINATION
Appendix C-1

Circular 2710.1 – Corporation’s Policy on Equal Opportunity
Page 25

FDIC 1212/03 (6-99) October 19, 2010

FEDERAL DEPOSIT INSURANCE CORPORATION

DIRECTIVE SYSTEM

TYPE AND NUMBER

Circular 2710.1

CONTACT

Michael P. Moran

DATE

October 19, 2010

TELEPHONE NUMBER

(703) 562-6073

DATE OF CANCELLATION (Bulletins Only)

TO: All Employees and Contractors

FROM:

Sheila C. Bair

Chairman

SUBJECT: Corporation’s Policy on Equal Opportunity

1. Purpose To restate the commitment of the Federal Deposit Insurance Corporation 

(Corporation or FDIC) to equal opportunity, diversity, and affirmative 

employment; to reaffirm the Corporation’s policy prohibiting discriminatory 

practices in the workplace and in any of its programs or activities; and to 

promote contracting opportunities at the FDIC for minority and womenowned businesses (MWOBs) and small disadvantaged businesses 

(SDBs).

2. Revision FDIC Circular 2710.1, Corporation’s Policy on Equal Opportunity, dated

September 27, 2007, is hereby revised and superseded.

3. Scope The Corporation’s Policy on Equal Opportunity applies to all employees, 

applicants for employment, and persons doing business, with or for the 

Corporation.
Page 26

FDIC 1212/03 (6-99) October 19, 2010

4. Background This revised Circular incorporates certain changes in Federal Equal 

Employment Opportunity laws and regulations and the FDIC’s Equal 

Opportunity policy. The FDIC is an organization dedicated to equal 

opportunity in all its programs, policies and practices, and to promoting 

diversity in its workforce and in all of its programs and activities. The 

mission of the Office of Diversity and Economic Opportunity (ODEO) is to 

help the FDIC realize its diversity, affirmative employment and equal 

opportunity principles and to address discrimination related concerns that 

may arise in these areas. ODEO’s website, 

http://fdic01.prod.fdic.gov/division/odeo, informs employees of their rights 

and how to receive assistance, if they believe they have suffered 

discrimination in any aspect of employment, and also provides employees 

with access to the Diversity Strategic Plan and Affirmative Employment 

Plan.

5. Policy a. It is the policy of the FDIC to prohibit discrimination in its workforce 

and in all of its programs and activities based on race, color, religion, 

sex (including pregnancy), national origin, disability (physical and/or 

mental), age (40 years or older), sexual orientation, protected

genetic information (information about an individual’s genetic tests; 

or information about the genetic tests, or the manifestation of a 

disease or disorder in the individual’s family members), gender 

identity or expression (a gender-related identity, appearance, 

expression, or behavior of an individual, regardless of the 

individual’s assigned sex at birth), status as a parent, and retaliation 

(for participating in the EEO complaint process or opposing 

discriminatory practices).

Also, it is the policy of the FDIC to prohibit harassment on the bases 

of race, color, religion, sex, national origin, disability, age, sexual 

orientation, protected genetic information, gender identity or 

expression, status as a parent, and retaliation.

b. All aspects of personnel operations, (including recruitment, hiring, 

promotions, training, awards, reorganizations, and retention of 

employees) shall be conducted consistent with equal employment 

opportunity principles, FDIC policies, applicable Federal laws, 

regulations, and executive orders.

c. The Corporation is fully committed to removing any unlawful, or 

otherwise prohibited discrimination from its employment and 

personnel policies, procedures, programs, practices, and operations. 

All Corporation employees have a responsibility to implement this 

policy by their conduct, decisions, and actions. Further, every effort 

shall be made to resolve complaints at the lowest level possible.

d. The Corporation is full committed to ensuring that MWOBs and 

SDBs are given the opportunity to participate fully in all contracts 

entered into by the FDIC.
Page 27

FDIC 1212/03 (6-99) October 19, 2010

6. Authorities The sources of authority for the FDIC’s equal opportunity policy may be

found in the following Federal statutes, regulations, and executive orders:

a. Federal Statutes

(1) Title VII of the Civil Rights Act of 1964, as amended (makes it 

unlawful for a Federal employer to discriminate against an 

employee (or job applicant) based on race, color, religion, sex 

(including pregnancy), retaliation, or national origin), 42 U.S.C.

§2000e-16;

(2) Equal Pay Act of 1963, as amended (protects men and women 

who perform substantially equal work within the same 

organization from sex-based wage discrimination), 29 U.S.C.

§206(d);

(3) Section 501 of the Rehabilitation Act of 1973, as amended 

(makes it unlawful to discriminate or retaliate against qualified 

individuals with disabilities who are Federal employees (or job 

applicants) and requires Federal agencies to provide reasonable 

accommodations to qualified Federal employees and job 

applicants with disabilities), 29 U.S.C. §791;

(4) The Age Discrimination in Employment Act of 1967, as amended 

(makes it unlawful to discriminate or retaliate against an 

employee (or job applicant) who is 40 years of age or older), 29

U.S.C. §621;

(5) Civil Service Reform Act of 1978, as amended (makes it unlawful 

to deny fair and equitable treatment in all aspects of personnel 

management with regard to race, color, religion, sex (including 

sexual harassment) marital status, national origin, political 

affiliation, disability, or age), 5 U.S.C. §2302;

(6) Immigration Reform and Control Act of 1986, as amended 

(prohibits discrimination by employers in their employment 

verification systems based on national origin), 8 U.S.C. §1324b;

(7) Section 1216(a) of the Financial Institutions Reform, Recovery, 

and Enforcement Act of 1989, as amended (applies Executive 

Order 11478, as amended, to the FDIC), 12 U.S.C. §1833e(a);
Page 28

FDIC 1212/03 (6-99) October 19, 2010

Authorities

(cont’d)

(8) Titles I and V of the Americans with Disabilities Act of 1990, as 

amended (defines “a qualified individual with a disability” for 

purposes of the Rehabilitation Act of 1973, as amended, and 

excludes individuals engaged in the illegal use of drugs), 42

U.S.C. §§ 12102, 12114;

(9) Civil Rights Act of 1991, as amended (provides monetary 

damages for employees (and job applicants) in cases of 

intentional employment discrimination based on race, color, 

religion, sex (sexual harassment), national origin, disability, or 

age), 42 U.S.C. § 1981;

(10) Family and Medical Leave Act of 1993, as amended (entitles 

employees up to 12 administrative workweeks of approved,

unpaid leave during a 12-month period to take care of a qualifying 

family member (related by blood, law or affinity) with a serious 

medical condition, or for their own qualifying medical condition), 5

U.S.C. § 6381 et seq.;

(11) (Federal Employees Family Friendly Leave Act of 1994, as 

amended (entitles Federal employees to use up to 104 hours of 

sick leave in any leave year to attend to the medical needs of, or 

for purposes relating to the death of a family member (related by 

blood, law, or affinity); up to 480 hours of sick leave may be used 

to care for a family member with a serious medical condition), 5

U.S.C. § 6307;

(12) Notification and Federal Employee Antidiscrimination and 

Retaliation Act of 2002 (the No FEAR Act) (requires each Federal 

agency to post summary statistical data pertaining to complaints 

of employment discrimination filed against it by employees and 

applicants for employment), 5 U.S.C. § 2301;

(13) Americans with Disabilities Act Amendments Act of 2008 

(expands the definition of a disability by reinstating a broad scope 

of protection to be available under the Americans with Disabilities 

Act), 42 U.S.C. § 12101; and

(14) Title II of the Genetic Information Nondiscrimination Act of 2008 

(makes it unlawful for an employer to discriminate against an 

employee (or job applicant) based on protected genetic 

information (information about an individual’s genetic tests; or 

information about the genetic tests, or the manifestation of a 

disease or disorder in the individual’s family members), 42 U.S.C.

§ 2000ff.
Page 29

FDIC 1212/03 (6-99) October 19, 2010

Authorities

(cont’d)

b. Federal Regulations

(1) 5 C.F.R. Part 724 (U.S. Office of Personnel Management’s No

FEAR Act notice posting and training requirements);

(2) 12 C.F.R. Part 361 (FDIC’s minority and women outreach

program contracting guidelines);

(3) 29 C.F.R. Part 1604 (EEOC’s sex discrimination guidelines);

(4) 29 C.F.R. Part 1605 (EEOC’s religious discrimination

guidelines);

(5) 29 C.F.R. Part 1606 (EEOC’s national origin discrimination

guidelines); and

(6) 29 C.F.R. Part 1614 (EEOC’s federal sector EEO guidelines

including No FEAR Act public website postings).

c. Executive Orders. These are orders issued by the President 

pursuant to the Constitution and other Federal statutes which may 

be applicable to the FDIC. Executive Orders not technically 

applicable to the FDIC are identified to demonstrate that the FDIC 

voluntarily complies with the spirit of them.

(1) Executive Order 11246 (1965), as amended (prohibits 

discrimination against Federal employees and job applicants 

based on race, creed, color, or national origin; and also prohibits 

discrimination by Federal contractors against their employees 

and job applicants, and requires Federal contractors to comply 

with rules, regulations, and relevant orders of the Secretary of 

Labor);

(2) Executive Order 11375 (1967), as amended (prohibits 

discrimination against Federal employees (and job applicants) 

based on sex);

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

discrimination against Federal employees (and job applicants) 

based on race, color, religion, sex (sexual harassment), or 

national origin);

(4) Executive Order 12106 (1978) (prohibits discrimination against 

Federal employees (and job applicants) based on disability or 

age);

(5) Executive Order 13087 (1998) (prohibits discrimination against 

Federal employees (and job applicants) based on sexual 

orientation);
Page 30

FDIC 1212/03 (6-99) October 19, 2010

Authorities

(cont’d)

(6) Executive Order 13125 (1999) (increases participation of Asian

Americans and Pacific Islanders in Federal programs);

(7) Executive Order 13145 (2000) (prohibits discrimination against 

Federal employees (and job applicants) based on protected 

genetic information);

(8) Executive Order 13152 (2000) (prohibits discrimination against 

Federal employees (and job applicants) based on the 

individual’s status as a parent);

(9) Executive Order 13157 (2000) (increases opportunities for 

women-owned small businesses);

(10) Executive Order 13160 (2000) (prohibits discrimination based on 

race, color, religion, sex (sexual harassment), national origin, 

disability, age, sexual orientation, or status as a parent in 

federally conducted education and training programs);

(11) Executive Order 13163 (2000) (increases employment 

opportunities in the Federal Government for 100,000 individuals 

with disabilities);

(12) Executive Order 13164 (2000) (requires Federal agencies to 

establish procedures to facilitate the provision of reasonable 

accommodation for individuals with disabilities);

(13) Executive Order 13166 (2000) (improves access to Federal 

programs and activities for persons with limited English 

proficiency);

(14) Executive Order 13170 (2000) (increases opportunities and 

access for disadvantaged businesses);

(15) Executive Order 13171 (2000) (improves the representation of

Hispanics in Federal employment); and

(16) Executive Order 13360 (2004) (addresses contracting with 

service-disabled veterans’ businesses).
Page 31

FDIC 1212/03 (6-99) October 19, 2010

7. Processing

Discrimination Claims

a. Discrimination claims based on race, color, religion, sex (including 

pregnancy), national origin, disability (physical and/or mental), age 

(40 years or older), protected genetic information (information about 

an individual’s genetic tests; or information about the genetic tests,

or the manifestation of a disease or disorder in the individual’s family 

members), and retaliation (for participating in the EEO complaint 

process or opposing discriminatory practices) are processed by the 

U.S. Equal Employment Opportunity Commission (EEOC). (See 

subparagraph 11.b. below).

b. Discrimination claims based on sexual orientation, gender identity or 

expression (a gender-related identity, appearance, expression, or 

behavior of an individual, regardless of the individual’s assigned sex 

at birth), and status as a parent are processed by the FDIC. (See 

subparagraph 11.c. below).

c. Discriminatory harassment claims on the basis of race, color, 

religion, sex, national origin, disability, age, sexual orientation, 

protected genetic information, gender identity or expression, status 

as a parent, and retaliation may be brought to the attention of the 

person’s supervisor, a higher level or other manager, or to a FDIC 

Equal Employment Opportunity (EEO) Counselor.

For harassment claims, see FDIC Circular 2710.3, Corporation’s

Anti-Harassment Policy. For information on how to contact an FDIC 

EEO Counselor, see the following FDIC Intranet Web page or FDIC 

Internet Web page:

http://fdic01/division/odeo/couns.html; and 

http://www.fdic.gov/about/diversity/nfnotice.html.

9. Contracting Outreach

Program

It is the policy of the FDIC to ensure that MWOBs and SDBs are given 

the opportunity to participate fully in all contracts entered into by the 

FDIC. The sources of authority for the program are Section 1216(c) of 

the Financial Institutions Reform, Recovery, and Enforcement Act of

1989, as amended (12 U.S.C. § 1833e(c)); Title VII of the Civil Rights Act 

of 1964, as amended (42 U.S.C. § 2000e-16); and section 501 of the 

Rehabilitation Act of 1973, as amended (29 U.S.C. § 791). ODEO 

facilitates the Minority and Women Outreach Program in accordance with

the provisions of 12 C.F.R. Part 361.
Page 32

FDIC 1212/03 (6-99) October 19, 2010

10. Accountability and

Monitoring

Each division and office has a continuing responsibility to identify and 

implement strategies for achieving and maintaining a diverse workforce at all 

levels. These strategies shall be developed in concert with ODEO and the 

Division of Administration (DOA), Human Resources Branch, consistent with 

the Corporation's Affirmative Employment Plan, whenever it has been 

determined that a statistically significant imbalance exists in a division or 

office work force. Each division and office must review its work force 

statistics at least annually and adjust its strategies as appropriate.

Managers and supervisors must work toward developing and implementing 

positive initiatives that achieve measurable results with regard to workforce 

diversity and contracting. Managers and supervisors are assessed regarding 

their performance in these areas.

An assessment of the workforce profile will be prepared and disseminated 

annually by ODEO to division and office directors and to the Office of the 

Chairman. Upon availability of contract management data, the Acquisition 

Services Branch, DOA, will prepare quarterly statistical charts on the use of 

MWOBs and SDBs for contracting and disseminate this information to the 

Office of the Chairman and to division and office directors.

Any unlawful or improper conduct that undermines the Corporation’s efforts 

to prohibit discrimination will not be tolerated. Employees who commit such 

acts of prohibited discrimination may be subject to disciplinary action up to 

and including termination from employment. Moreover, supervisors or 

managers who fail to take appropriate disciplinary action against 

subordinates who commit acts of prohibited discrimination, including 

retaliation against or harassment of employees who engage in activity 

protected by this policy statement, are also subject to disciplinary action.
Page 33

FDIC 1212/03 (6-99) October 19, 2010

11. Guidelines and

Procedures

a. The FDIC’s Affirmative Employment Plan assists in the identification 

and elimination of barriers to recruitment, hiring, retention, and 

promotion of women, minorities, and individuals with disabilities 

(including veterans).

b. The procedures for initiating and processing EEOC complaints of 

alleged employment discrimination are contained in FDIC Circular

2710.2, EEOC Discrimination Complaint Procedures.

c. The procedures for initiating and processing FDIC complaints of 

alleged employment discrimination are contained in FDIC Circular

2710.4, FDIC Discrimination Complaint Procedures.

d. The procedures for providing reasonable accommodation to 

individuals with disabilities are contained in FDIC Circular 2710.5, 

FDIC Procedures for Providing Reasonable Accommodation to 

Individuals with Disabilities, and FDIC Circular 2710.11, Complaint 

Procedures for Individuals with Disabilities who are Denied Access 

to Electronic and Information Technology.

e. Additional information on FDIC’s Contracting Outreach Program is 

available in FDIC Circular 3700.16, FDIC Acquisition Policy Manual 

(APM) and the FDIC’s Guide for Outside Counsel.

f. The Corporation’s Contracting Outreach Program may be amended 

from time to time to establish rules and strategies for achieving 

diversity in the awarding of contracts to MWOBs and SDBs. 

MWOBs, SDBs and Contractors should periodically review pertinent 

rules and strategies. See 12 C.F.R. Part 361 and FDIC Circular

3700.16.

12. Principal Officials Questions relating to EEO Complaint Processing, Diversity/ Affirmative 

Employment, and the Minority and Women Outreach Program may be 

referred to the following individuals in ODEO:

a. Chief, Complaints Processing Branch

(703) 562-6073 or for TTY (703) 562-2473

b. Chief, Diversity and Affirmative Employment Section

(703) 562-6062

c. Chief, Minority and Women Outreach Program Section

(703) 562-6070
Page 34

FDIC 1212/03 (6-99) October 19, 2010

13. Supplemental

Information

a. Technical assistance is available on the ODEO’s Intranet Web 

page. Additionally, the FDIC’s mandatory Diversity and EEO 

Training for Supervisors and Managers addresses various 

initiatives.

b. ODEO shall assist managers in outreach recruitment for minorities, 

women, and individuals with disabilities.

c. ODEO shall be available as a resource to assist managers in 

providing reasonable accommodation to individuals with disabilities.

d. The current edition of FDIC Circular 3700.16, FDIC Acquisition 

Policy Manual (APM) and the FDIC Guide for Outside Counsel may 

be obtained from the FDIC Public Information Center located at

3501 Fairfax Drive, Room E-1002, Arlington, Virginia 22226. These 

two manuals are also available at the following FDIC Internet Web 

pages:

http://www.fdic.gov/buying/goods/acquisition/apm/3700-16.html

14. Effective Date The provisions of this circular are effective immediately.
36

Appendix C-2

Circular 2710.3 – FDIC’s Anti-Harassment Program
Circular 2710.3 Page 36 Febraury 4, 2015

FEDERAL DEPOSIT INSURANCE CORPORATION

DIRECTIVE SYSTEM

TYPE AND NUMBER

Circular 2710.3

CONTACT

Melodee Brooks

TELEPHONE NUMBER

(703) 562-6225

DATE

February 4, 2015

DATE OF CANCELLATION (Bulletins Only)

TO: All Employees and Contractors

FROM:

Segundo Pereira

Director, Office of Minority and Women Inclusion

SUBJECT: FDIC’s Anti-Harassment Policy

1. Purpose To revise FDIC’s Anti-Harassment Program and outline the requirements for 

FDIC employees to report allegations of harassment. To describe managers' 

and supervisors' responsibilities to maintain a harassment-free workplace and 

to take prompt and effective action when allegations of harassment arise.

Also, to identify roles and responsibilities for the coordination of antiharassment efforts at FDIC, and provide guidance and instruction to FDIC 

supervisors and managers on receiving, coordinating, reviewing, processing, 

and resolving allegations of unlawful harassment.

It is important that all employees understand FDIC’s policy prohibiting 

harassment and take all steps within their power to ensure that this form of 

discrimination does not exist in the FDIC.

2. Revision FDIC Circular 2710.3, Corporation’s Anti-Harassment Policy, dated October

5, 2010, is hereby revised and superseded.
Circular 2710.3 Page 37 Febraury 4, 2015

3. Scope The FDIC’s Anti-Harassment Program applies to all employees and covers 

harassment between supervisors and subordinates, between employees, by 

employees conducting business for the FDIC outside the workplace, and nonemployees while conducting business in the FDIC’s workplace.

FDIC’s Anti-Harassment Program is implemented in accordance with the 

legal requirements of the applicable laws, regulations, and guidance 

promulgated by the U.S. Equal Employment Opportunity Commission 

(EEOC).

4. Background The FDIC is committed to providing its employees with a workplace that is free 

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

has been delegated overall responsibility for the FDIC diversity and inclusion, 

civil rights, and minority and women outreach programs. These programs seek 

to ensure that FDIC workplace is inclusive, free from unlawful discrimination and

harassment, and provides equal opportunity and access to all employment

and business activities.
Circular 2710.3 Page 38 Febraury 4, 2015

5. Definitions Terms used in this circular are defined below:

a. Anti-Harassment Program Coordinator. The designated OMWI 

employee who is responsible for overseeing the implementation of the 

FDIC’s Anti-Harassment Program.

b. Fact-Finder. An individual who may be assigned by the Division of 

Administration (DOA), Human Resources Branch (HRB), Labor and 

Employee Relations Section (LERS), to conduct a prompt, independent, 

thorough, and impartial investigation into an alleged harassment.

c. Harassment/Harassing Conduct. Whether in violation of federal law or 

regulation, is defined as unwelcome verbal or physical misconduct. 

Examples of harassing conduct prohibited by FDIC’s Anti-Harassment

Program, may include, but are not limited to, the following:

(1) Threatening that rejection of sexual overtures will affect 

assignments, appointments, promotions, transfers, or evaluations;

(2) Belittling caricatures or objects depicting persons of a particular 

race, national origin, religion, or other protected class;

(3) Telling derogatory religious, racial, or ethnic jokes or stories;

(4) Teasing, mimicking, or repeatedly commenting on an individual’s

disability, accent, or other protected class;

(5) Making offensive comments, jokes, or suggestions about an

employee’s gender;

(6) Making obscene or lewd comments, slurs, jokes, epithets, 

suggestions, or gestures;

(7) Commenting repeatedly on an employee’s body or sexual

characteristics;

(8) Displaying nude or sexually suggestive objects, pictures, images, or 

cartoons;

(9) Continuing prohibited behavior after a co-worker has objected;

(10) Laughing at, ignoring, or retaliating against an employee who raises 

a harassment allegation; or

(11) Engaging in bullying, intimidating, or threatening behavior with

respect to an individual’s protected class.
Circular 2710.3 Page 39 Febraury 4, 2015

Definitions

(cont.)

d. Protected Class. An individual’s membership in a group characterized 

by race, color, religion, sex, national origin, disability, age, sexual 

orientation, protected genetic information, gender identity or expression, 

status as a parent, or participation in protected activity under antidiscrimination statutes or Executive Orders.

e. Unlawful Harassment/Hostile Work Environment. Involves 

discriminatory conduct on the basis of an individual’s membership in a 

protected class, where such conduct is so objectively offensive as to 

alter the conditions of the victim’s employment (i.e., the harassment 

culminates in a tangible employment action or was sufficiently severe or

pervasive to create a hostile work environment).

6. Authorities Unlawful Harassment is a form of discrimination that is prohibited under Title

VII of the Civil Rights Act of 1964, as amended; the Rehabilitation Act, as 

amended; the Age Discrimination in Employment Act, as amended; and the 

Genetic Information Nondiscrimination Act of 2008. FDIC policy prohibits 

harassment pursuant to Executive Order 13087 (May 28, 1998), prohibiting 

discrimination in employment based on sexual orientation and Executive 

Order 13152 (May 2, 2000) prohibiting discrimination in employment based 

on status as a parent.
Circular 2710.3 Page 40 Febraury 4, 2015

7. Policy It is FDIC’s policy to strictly prohibit harassment in the workplace, including

unlawful harassment in the workplace based on a prohibited basis: race, 

color, religion, gender (including sexual or nonsexual, pregnancy, or samesex), national origin, disability (physical and/or mental), age (40 years or 

older), sexual orientation, protected genetic information (information about an 

individual’s genetic tests, or the manifestation of a disease or disorder in the 

individual’s family members), gender identity or expression (a gender-related 

identity, appearance, expression, or behavior of an individual, regardless of 

the individual’s assigned sex at birth), status as a parent, and retaliation (for 

participating in the EEO complaint process or opposing discriminatory 

practices).

The FDIC will not condone harassment in any form. Any employee who is 

found to have harassed anyone while conducting FDIC business shall be 

subject to disciplinary action, up to and including removal from FDIC 

employment. Managers and supervisors who participate in or fail to take 

immediate and appropriate action on reported incidents of harassment, or 

who retaliate against employees who report such incidents or who file

harassment complaints, are also subject to appropriate (including disciplinary)

action for failure to perform their managerial or supervisory duties.

The FDIC will not tolerate retaliation against any employee for reporting 

harassment under this or any other non-discrimination policy or process. 

Neither will FDIC tolerate retaliation against any employee for assisting or 

participating in a fact-finding inquiry or investigation about a reported 

harassment.
Circular 2710.3 Page 41 Febraury 4, 2015

8. Roles and

Responsibilities

Specific roles and responsibilities pertaining to the FDIC Anti-Harassment

Program are as follows:

a. Employees. It is the responsibility of every employee, regardless of 

position, grade, or occupation to refrain from engaging in harassing 

conduct. An employee can prevent or eliminate harassment by:

(1) Examining his/her behavior on the job, or when conducting FDIC

business, by eliminating inappropriate conduct;

(2) Supporting and meeting the requirements of FDIC’s AntiHarassment Program; and

(3) Identifying and taking individual action to stop inappropriate 

behavior by communicating directly and immediately with the 

person(s) whose behavior is offensive, or immediately bringing the 

matter to the attention of supervisory or managerial officials, or in 

the case of unlawful harassment, FDIC’s Anti-Harassment Program 

Coordinator, OMWI.

Note: Employees must cooperate in any fact-finding inquiry or investigation 

regarding an allegation of harassment.

b. Supervisors and Managers. It is the responsibility of all supervisors

and managers to maintain a work environment free of harassment and to 

take all allegations of harassment seriously. To this end, supervisors

and managers are required to take immediate action to assess whether 

or not the alleged harassment occurred. Supervisors and managers 

must:

(1) Prevent and take appropriate action with respect to any alleged 

prohibited conduct that can be construed as harassment;

(2) Take prompt, appropriate, and effective action when presented with 

an allegation of harassment; and

(3) Seek assistance in conducting an inquiry or investigation, if 

necessary, and how best to correct the problem, by consulting with:

(a) The Anti-Harassment Program Coordinator, OMWI; and/or

(b) A Human Resources Specialist in LERS, HRB, DOA

(c) (Note: Office of Inspector General (OIG) supervisors and 

managers should consult with the OIG Human Resources in 

the OIG); and/or

(d) The Assistant General Counsel, any Senior or Field Counsel, 

in the Labor, Employment & Administration Section (LEAS), 

Legal Division.
Circular 2710.3 Page 42 Febraury 4, 2015

Roles and Responsibilities

(cont.)

c. Anti-Harassment Program Coordinator. The Anti-Harassment

Program Coordinator is responsible for:

(1) Coordinating program implementation with LERS, DOA; LEAS, 

Legal Division, and other divisions and offices as appropriate;

(2) Advising and providing technical assistance to managers and 

supervisors in preventing and addressing allegations of unlawful 

harassment;

(3) Monitoring the effectiveness of FDIC’s Anti-Harassment Program by

maintaining information on the number of allegations of unlawful 

harassment, bases for the allegations, actions taken, and assessing 

trends and patterns to develop prevention strategies;

(4) Recommending program changes to enhance FDIC’s AntiHarassment Program;

(5) Working with other FDIC program officials to effectively prevent and 

eliminate unlawful harassment in the workplace through a

continuing education program; and

(6) Ensuring that FDIC’s Anti-Harassment Program policies and 

procedures are posted on the OMWI website and publicized 

throughout FDIC, including dissemination of the policy and 

procedures to employees through written informational materials.

d. Fact-Finder. The Fact-Finder is responsible for:

(1) Conducting an expedited investigation into the alleged harassment; 

(2) Preparing a report of factual findings, as necessary, and submitting

the report to the appropriate management official; and

(3) Maintaining all documents collected relevant to the fact-finding 

inquiry in accordance with FDIC Circular 1210.1, FDIC Records and

Information Management (RIM) Policy Manual.
Circular 2710.3 Page 43 Febraury 4, 2015

9. Anti-Harassment

Complaint Procedures

The procedures outlined in this Section will assist FDIC in fulfilling its 

obligations to: (a) prevent harassment before it becomes severe or pervasive; 

(b) conduct a prompt, thorough, and impartial inquiry or investigation into 

allegations of harassment; and (c) take prompt and appropriate corrective 

action when FDIC determines that harassing conduct has occurred.

a. Initiator Action. Any employee who believes that he/she has been 

subjected to harassment prohibited by this policy is expected to report 

the matter immediately to:

(1) A supervisor or manager in his/her chain of supervision; or

(2) The Anti-Harassment Program Coordinator, OMWI.

To the maximum extent possible, FDIC will protect the confidentiality of 

employees who allege harassment. Since FDIC cannot conduct an 

effective fact-finding inquiry or investigation without revealing certain 

information to the alleged harasser and potential witnesses, FDIC cannot 

guarantee complete confidentiality. However, FDIC will share

information and records about the allegation only with those who have a 

need to know.

b. Management Action. Upon receiving an allegation of harassment or 

witnessing conduct that may be perceived as harassment, the supervisor 

and/or manager (or other official to whom the harassment was reported) 

must immediately assess the situation to determine the severity of the 

alleged misconduct and whether any immediate interim corrective action 

is required to ensure that further prohibited harassment does not occur. 

Examples of such interim measures may include, but are not limited to:

(1) Making schedule changes to avoid contact between the parties; 

(2) Transferring the alleged harasser; or

(3) Placing the alleged harasser on non-disciplinary leave with pay 

pending the conclusion of the inquiry or investigation.

It is important that the supervisor and manager (or other official to whom the

harassment was reported) promptly consult with a Human Resources 

Specialist, LERS, DOA; the Anti-Harassment Program Coordinator, OMWI, 

and/or LEAS Assistant General Counsel or Senior or Field Counsel, Legal
Circular 2710.3 Page 44 Febraury 4, 2015

Anti-Harassment Complaint

Procedures

(cont.)

Division and request assistance in conducting a fact-finding inquiry, 

investigation, or other action (including interim measures), as 

appropriate. Management should ensure that the individual who 

conducts an inquiry will objectively gather the relevant facts. The 

alleged harasser should not have supervisory authority over the 

individual who conducts the inquiry and should not have any direct or 

indirect control over the inquiry.

Where it is appropriate, an independent Fact-Finder will be assigned to 

conduct a prompt, thorough, and impartial investigation into the alleged 

harassment. The Fact-Finder will commence the investigation within five 

(5) business days of assignment.

The Chief, LERS, DOA, will advise the Anti-Harassment Program 

Coordinator, OMWI that an investigation is being conducted for 

coordination purposes.

Upon completion of the investigation, a report of findings may be 

prepared (as appropriate) and provided to the office requesting the 

investigation and/or to the person responsible for taking corrective 

action.

c. Agency Action. The management official receiving the report will review 

the results and determine, in consultation with the Human Resources 

Specialist, LERS, DOA, the appropriate action (including disciplinary) to 

be taken.

The responsible management official will take prompt and appropriate 

remedial measures, including disciplinary action, whenever it is 

determined that harassment has occurred in violation of this policy. 

Remedial measures should be designed to stop the harassment, correct 

its effects on the affected employee, and ensure that the harassment 

does not recur. The remedial measures need not be those that the 

affected employee requests or prefers, as long as they are effective.

After the fact-finding inquiry or investigation is completed, the 

management official and/or Human Resources Specialist, LERS, DOA, 

will notify the employee raising the alleged harassment and the individual 

involved in the alleged harassing conduct, in writing, of the completion of 

the investigation, consistent with the Privacy Act.
Circular 2710.3 Page 45 Febraury 4, 2015

10. Relationship to Other

Complaint Procedures

The FDIC’s Anti-Harassment Program complaint procedures contained in this 

policy are separate and apart from the Federal EEOC Discrimination 

Complaint Procedures (FDIC Circular 2710.2) and the FDIC Discrimination 

Complaint Procedures (FDIC Circular 2710.4). Allegations of harassment will 

be addressed as described in this policy with the intent of taking prompt and 

appropriate corrective action to eliminate harassing conduct. An inquiry or 

investigation conducted pursuant to FDIC’s Anti-Harassment Program may 

occur or continue, regardless of whether the employee has initiated the EEO 

complaint process.

Any employee who believes that he/she has been subjected to unlawful 

harassment (i.e., on the basis of race, color, religion, gender (including sexual 

or nonsexual, pregnancy or same sex), national origin, disability (physical 

and/or mental), age (40 years or older), sexual orientation, protected genetic 

information (information about an individual’s genetic tests, or the 

manifestation of a disease or disorder in the individual’s family members), 

gender identity or expression (a gender-related identity, appearance, 

expression, or behavior of an individual, regardless of the individual’s 

assigned sex at birth), status as a parent, and retaliation (for participating in 

the EEO complaint process or opposing discriminatory practices) has the

right to file a complaint of discrimination under the EEOC Discrimination 

Complaint Procedures (FDIC Circular 2710.2) or FDIC Discrimination 

Complaint Procedures (FDIC Circular 2710.4).

To file a complaint of discrimination, an employee must contact an FDIC 

Equal Employment Opportunity Counselor within 45 calendar days from the 

date of the alleged incident. An FDIC EEO Counselor may be contacted 

through information located on EEO posters or the OMWI web site at 

http://fdic01/division/OMWI/couns.html.

11. Training The OMWI conducts or provides training for managers, supervisors, and 

employees on FDIC’s Anti-Harassment Program. The training includes 

information on the legal definition of unlawful harassment, conduct that 

constitutes harassment, the anti-harassment complaint process, and the 

responsibilities of employees, supervisors, and managers when an allegation 

of prohibited harassment has been reported. The training also reinforces 

FDIC’s policy against retaliation as a result of reporting or participating in a 

fact-finding inquiry or investigation regarding a reported allegation of

prohibited harassment.
Circular 2710.3 Page 46 Febraury 4, 2015

12. Reporting Requirements The Anti-Harassment Program Coordinator, OMWI, will obtain information 

from LERS, DOA and/or LEAS, Legal Division on a quarterly basis on the

number of unlawful harassment complaints, the bases and issues, and the 

actions taken. He/she will use the information to assess patterns and trends 

for identifying prevention methodologies and training needs for reporting

purposes.

13. Recordkeeping

Requirements

Records shall be maintained in accordance with FDIC Circular 1210.1, FDIC

Records and Information Management (RIM) Policy Manual.

14. Contact Questions concerning FDIC’s Anti-Harassment Program may be directed to

Anti-Harassment Program Coordinator at (703) 562-6225, or the FDIC’s

Complaints Processing Branch, OMWI at (703) 562-6073 or for TTY (703)

562-2473, or by email at AntiHarassment@fdic.gov.

15. Effective Date The provisions outlined in this Circular are effective immediately.
48

Appendix C-3

Circular 2750.1 – Disciplinary and Adverse Actions
Circular 2750.1 Page 48 January 22, 1999

FEDERAL DEPOSIT INSURANCE CORPORATION

DIRECTIVE SYSTEM

TYPE AND NUMBER

Circular 2750.1

CONTACT

Mary Laverty

DATE

January 22, 1999

TELEPHONE NUMBER

(703) 562-2171

DATE OF CANCELLATION (Bulletins Only)

TO: All Employees

FROM:

John W. Lynn, Acting Director

Division of Administration (DOA)

SUBJECT: Disciplinary and Adverse Actions

1. Purpose To establish policy and issue information and guidance on disciplinary and 

adverse actions, to include performance based actions, and their use at the 

FDIC.

2. Scope This circular applies to all FDIC employees, including both competitive service

as well as excepted service employees, with the exception of presidential

appointees and re-employed annuitants. The applicability of the provisions of

this circular to bargaining unit employees has been negotiated with the

National Treasury Employees Union (NTEU). Where the provisions of this

circular differ from the terms of other negotiated agreements with NTEU, the

terms of the NTEU negotiated agreements shall take precedence, provided

they conform to Federal law. Therefore, any other negotiated agreements

should be read in conjunction with this circular.

Note: The Office of Inspector General (OIG) is in the process of establishing 

a Personnel Services Office that will handle disciplinary and adverse actions 

involving OIG employees. Upon transfer of operational personnel authority to 

the OIG, actions involving OIG employees will be carried out in accordance 

with policies established by the OIG Human Resources Branch and OIG 

Counsel’s office.

3. Authority Primary sources providing the authority for, and guidance on disciplinary and 

adverse actions are contained in 5 U.S.C. Chapter 75 and 5 C.F.R. 752.

4. Action All employees are encouraged to review this directive carefully and retain it 

for future reference.
Circular 2750.1 Page 49 January 22, 1999

5. Policy It is the policy of the FDIC to foster a positive and effective relationship 

between management and employees through communication, and when 

necessary, administer disciplinary and adverse actions in a fair and 

consistent manner.

6. Definitions a. Adverse Action. Suspensions from duty and pay for more than 14 

calendar days, indefinite suspensions, reductions in grade, 

reductions in pay, removals, and furloughs of 30 days or less 

constitute adverse actions. An adverse action can be imposed for 

conduct or performance problems.

b. Appeal Rights. Employees generally have the right to appeal a 

personnel action taken against them to a third-party. Examples of 

such third parties include the Merit Systems Protection Board 

(MSPB) or the Equal Employment Opportunity Commission (EEOC).

Further, NTEU may elect to make an appeal to a grievance arbitrator 

on behalf of a bargaining unit employee. However, employees 

serving in their probationary period or trial period have limited appeal 

rights, as discussed in paragraph 10., below. Additionally, excepted 

service employees, as defined in 5 C.F.R. 213, who are nonpreference eligibles, do not obtain full rights of appeal until they have 

completed two years of service. Excepted service preference eligible 

employees must complete one year of service before obtaining full 

appeal rights. (For further information refer to 5 U.S.C. 7511.)

c. Day. The reference to a day for purposes of disciplinary and adverse 

actions means a calendar day. For computing periods of time, days 

are full calendar days and include weekends unless otherwise 

specified.

d. Deciding Official. The management official with delegated authority 

to render the decision on a proposed disciplinary or adverse action. 

The deciding official must not have been involved in any aspect of the 

penalty determination at the proposal stage, in order to be considered 

impartial, but may have general knowledge of the action taken by the 

proposing official.

e. Disciplinary Action. Letters of admonishment, letters of reprimand, 

and suspensions from duty and pay of 14 calendar days or less 

constitute disciplinary actions. Disciplinary action may only be taken 

as a result of conduct problems.

f. Douglas Factors. The twelve factors which the MSPB has 

determined are relevant in the deciding official’s determination 

regarding the appropriateness of a penalty imposed against an 

employee. (See paragraph 9., below.)

g. Indefinite Suspension. Usually invoked against an employee who is

the subject of a criminal investigation for which a period of 

incarceration may result. The criminal investigation may be related to 

on or off duty conduct. Additionally, indefinite suspension may also

be invoked pending other agency investigation, inquiry, or agency 

action. This suspension is used to place the employee in a non-duty, 

non-pay status pending further investigation and/or resolution of the 

criminal charges against the employee.
Circular 2750.1 Page 50 January 22, 1999

Definitions

(cont’d)

h. Oral Reply. A verbal response by an employee, or his/her 

representative, to a notice of proposed disciplinary or adverse action. 

Oral replies are typically made to the deciding official in the action. 

The purpose of the oral reply is to give the employee an opportunity 

to make an oral plea in an attempt to sway the decision in his/her 

favor. The oral reply is not a hearing and the testimony of witnesses 

is not permitted.

i. Performance Improvement Plan (PIP). A written notice to an 

employee outlining performance deficiencies. The PIP is issued

when counseling has not resulted in an improvement in performance,

and can be issued at any point during the year. The PIP provides a 

formal plan of expectations for improvement of performance. In 

addition, a PIP is required to be issued when an employee has 

received an overall summary rating of Unacceptable, or has received 

two consecutive Marginal ratings.

j. Proposing Official. The management official with delegated 

authority to issue the notice to an employee that a disciplinary or 

adverse action is proposed against him/her. The proposing official is 

generally the management official with some degree of direct 

knowledge regarding the misconduct or performance deficiencies.

k. Written Reply. A written response by an employee or his/her 

representative to a notice of proposed disciplinary or adverse action. 

The written reply may include affidavits and other documentary 

evidence in support of the employee’s argument.

7. Responsibilities a. The Personnel Services Branch (PSB) is responsible for 

interpreting and providing guidance to managers and supervisors on 

discipline and adverse actions and the policies and procedures 

contained in this directive. Additionally, PSB is responsible for 

informing affected employees of their rights and entitlements. In 

accordance with the delegations of authority, PSB will provide 

concurrence on behalf of DOA for all disciplinary and adverse 

actions. PSB will obtain concurrence from the General Counsel and, 

when appropriate, the Ethics Counselor.

b. Managers and supervisors are responsible for documenting the 

facts and circumstances warranting consideration of a disciplinary or 

adverse action, and for consulting their servicing PSB to obtain 

advice and assistance before initiating a disciplinary or adverse 

action. After obtaining guidance and advice, it is the managers’ and 

supervisors’ responsibility to follow through in a timely manner with 

corrective steps if improvement in the employee’s conduct or 

performance does not occur. As circumstances warrant, managers 

and supervisors are responsible for referring employees to the 

Employee Assistance Progam (EAP).
Circular 2750.1 Page 51 January 22, 1999

8. Procedures a. Informal Actions. Once the supervisor has identified a problem

relating to the employee’s conduct or performance the supervisor

must inform the employee of the existence of the problem and state

his/her expectations for improvement. This can be achieved by oral

counseling, written counseling, a letter of warning, or a combination

of oral and written communications. The distinction between a letter

of counseling and a letter of warning is that the warning includes a

notice that disciplinary action will be taken if the employee fails to

correct the noted deficiencies.

b. Disciplinary Actions. Disciplinary actions imposed are expected to 

be corrective in nature and consistent with penalties imposed for 

similar infractions. All disciplinary actions require concurrence by the 

Director, Division of Administration and the General Counsel, or their 

designees, prior to issuance to an employee. Additionally, 

concurrence by the Ethics Counselor, or his/her designee, shall be 

obtained, as appropriate. The employee will be asked to sign a 

statement, acknowledging receipt of any written notice and the date 

of receipt. The following describes the various types of disciplinary 

actions:

(1) Letter of Admonishment: A letter of admonishment is issued 

by the management official with delegated authority, as a result 

of employee misconduct. This is the least severe formal 

disciplinary action. A letter of admonishment is usually issued 

when prior informal efforts have not corrected the misconduct, 

or when the misconduct is considered sufficiently serious to 

warrant issuance without prior warning. The letter of 

admonishment shall be placed in the employee’s Official 

Personnel Folder (OPF) for a period of one year, or as dictated 

by the applicable NTEU agreement. The employee has a right 

to make a written reply to the letter of admonishment, 

subsequent to its issuance. The employee’s written reply will

be attached to the letter of admonishment when it is filed in the

OPF. The letter of admonishment is grievable.

(2) Letter of Reprimand: A letter of reprimand is issued by the 

management official with delegated authority, as a result of 

employee misconduct. A letter of reprimand is usually issued 

when prior informal efforts have not corrected the misconduct, 

or when the misconduct is considered sufficiently serious to 

warrant issuance without prior warning. The letter of reprimand 

is placed into the employee’s OPF for a period of two years, or 

as dictated by the applicable NTEU agreement. The employee 

has a right to make a written reply to the letter of reprimand, 

subsequent to its issuance. The employee’s written reply will be 

attached to the letter of reprimand when it is filed in the OPF. 

The letter of reprimand is grievable.
Circular 2750.1 Page 52 January 22, 1999

Procedures

(cont’d)

(3) Suspension of 14 Calendar Days or Less: A suspension is 

proposed by the management official with delegated authority, 

as a result of employee misconduct, and decided by a 

management official at a higher level than the proposing official. 

The employee is entitled to an advance notice period before a 

suspension can be effected against him/her. The employee will 

be provided with a written proposal and has a right to review

the material relied upon by management in proposing the 

suspension. The employee also has a right to reply orally 

and/or in writing to the proposal before a decision is made 

regarding the suspension, and a right to representation.

Upon request to and approval from their immediate supervisor, 

employees will be granted a reasonable amount of official time 

to prepare and present their replies. An oral reply is generally 

made to the deciding official. The deciding official may request 

clarification from the proposing official regarding the notice of 

proposal or the material relied upon. However, the proposing 

official may not provide the deciding official with any new 

adverse information. A suspension will result in a loss of pay

for scheduled workdays, and become a permanent documented 

part of the employee’s OPF. A suspension of 14 calendar days 

or less is grievable.

c. Adverse Actions. Adverse actions imposed are expected to be 

reasonable with regard to penalty and consistent with penalties 

imposed for similar infractions. All adverse actions require 

concurrence by the Director, Division of Administration and the 

General Counsel, or their designees, prior to issuance to an 

employee. Additionally, concurrence by the Ethics Counselor, or 

his/her designee, shall be obtained, as appropriate. The employee 

will be asked to sign a statement acknowledging receipt of any 

written notice and the date of receipt.

All adverse actions (suspension for more than 14 calendar days, 

indefinite suspension, reduction in grade or pay, and removal) utilize 

the following procedures:

(1) The adverse action is proposed by the management official with 

delegated authority, and normally decided by a management 

official at a higher level than the official who issued the

proposal. The employee is entitled to thirty (30) days advance 

written notice of the proposed adverse action. Note, however, 

that the 30-day advance notice period may be shortened when 

there is reasonable cause to believe that an employee has 

committed a crime where imprisonment may be imposed.

(2) The advance written notice shall inform the employee of the 

specific reasons for the proposal, their right to representation, 

and their right to reply to the proposal orally and/or in writing. 

The employee has a right to review the material relied upon in 

proposing the adverse action. Upon request to and approval 

from their immediate supervisor, employees will be granted a 

reasonable amount of official time to prepare and present their 

replies. An oral reply is typically made to the deciding official.

A written reply will be submitted to the individual specified in the 

proposal.
Circular 2750.1 Page 53 January 22, 1999

Procedures

(cont’d)

(3) The deciding official may request clarification from the 

proposing official regarding the notice of proposal or the 

material relied upon. However, the proposing official may not 

provide the deciding official with any new information. The 

decision must be based upon a preponderance of the evidence 

provided to the deciding official and must be for such cause as 

will promote the efficiency of the Federal service. If any of the 

charges cited in the proposal notice are not sustained by the 

preponderance of the evidence, those charges may not be 

relied upon in effecting the action. The deciding official must 

then determine which charges are sustained, and whether the 

sustained charges warrant the action proposed. The deciding 

official must consider the Douglas Factors in rendering the 

decision on the penalty proposed. The deciding official has the

authority to reduce any proposed penalty, but may not impose a 

more severe action than that proposed.

(4) The written decision must contain the employee’s right to 

appeal the decision to the MSPB or to file a complaint of 

discrimination, along with the appeal time frames, the MSPB 

address, appeal form, and regulations. If the employee is in a 

bargaining unit position covered by a negotiated grievance 

procedure covering adverse actions, the decision notice will 

also advise of his/her option to file a grievance.

d. Performance Based Actions. When an employee’s performance is 

less than satisfactory, management will initiate action to assist the 

employee with improving his/her performance. This may include 

counseling orally and/or in writing. Continued deficient performance 

may necessitate more formal actions. However, prior to initiating an 

adverse action based on unsatisfactory performance, the employee 

will be provided with a performance improvement plan (PIP) and a 

reasonable opportunity to raise his/her performance to a satisfactory 

level before any action to remove him/her from his/her current 

position is proposed. The PIP will clearly state the specific 

performance deficiencies and the supervisor’s expectations for 

improvement. The plan establishes a period for improvement, 

generally 90 days. The supervisor must also offer meaningful 

assistance to the employee during the improvement period, which 

may include closer supervision and/or providing appropriate training.

The supervisor should closely monitor the employee’s work and must 

provide written feedback regarding the employee’s performance at 

specified intervals during the performance improvement period.

At the end of the performance improvement period, the supervisor will

prepare a written summary of the employee’s performance in the 

identified areas. If the performance has improved, the employee will 

be advised that should his/her performance fall below the satisfactory 

level within one year from the start of the PIP, action will be taken to 

remove the employee from his/her current position without providing 

another performance improvement opportunity. If the performance 

has not improved, the supervisor should take appropriate action,

such as reassignment, demotion, or removal from Federal service, to 

remove the employee from his/her current position.

The procedures described in subparagraph 8.c., above, shall be 

followed for performance based actions once a determination has 

been made that an adverse action is warranted.
Circular 2750.1 Page 54 January 22, 1999

9. Penalty Determination The MSPB has established mitigating and aggravating factors, referred to as 

Douglas Factors, that must be considered in reaching a decision on a penalty 

in an adverse action. Not all of the following factors will apply in every case,

but all of the relevant factors in any given situation should be considered. The 

deciding official’s analysis of these factors will be incorporated into the 

adverse action decision letter. The 12 Douglas Factors are as follows:

a. The nature and seriousness of the offense, and its relation to the 

employee's duties, position, and responsibilities, including whether 

the offense was intentional or technical or inadvertent, or was 

committed maliciously or for gain, or was frequently repeated.

b. The employee's job level and type of employment, including 

supervisory or fiduciary role, contacts with the public, and 

prominence of the position.

c. The employee's past disciplinary record.

d. The employee's past work record, including length of service, 

performance on the job, ability to get along with fellow workers, and 

dependability.

e. The effect of the offense upon the employee's ability to perform at a 

satisfactory level and its effect upon the supervisor's confidence in 

the employee's ability to perform assigned duties.

f. Consistency of the penalty with those imposed upon other employees 

for the same or similar offenses.

g. Consistency of penalties with applicable table of penalties.

Note: There is no FDIC table of penalties.

h. The notoriety of the offense or its impact upon the reputation of the 

agency.

i. The clarity with which the employee was on notice of any rules that 

were violated in committing the offense, or had been warned about 

the conduct in question.

j. Potential for the employee's rehabilitation.

k. Mitigating circumstances surrounding the offense such as unusual 

job tensions, personality problems, mental impairment, harassment, 

or bad faith, malice or provocation on the part of others involved in 

the matter.

l. The adequacy and effectiveness of alternative sanctions to deter 

such conduct in the future by the employee or others.
Circular 2750.1 Page 55 January 22, 1999

10. Probationary/Trial

Period Employees

The one-year probationary or trial period imposed upon new employees 

serves as a means to review the employees’ conduct and performance so 

that an informed decision can be made regarding their ability to meet 

expectations. When an employee does not demonstrate acceptable conduct 

or performance during this period, action should be taken to discharge the 

employee from the Federal service. In cases where problems have been 

identified, it is incumbent upon the supervisor to take corrective action well in 

advance of the expiration of the probationary or trial period. This action will 

afford the employee sufficient time to correct the problem before 

management is required to make the decision regarding completion of the 

period. In most cases, the supervisor should start by orally counseling the 

employee when problems are discovered. If the counseling fails to bring the 

necessary improvement, a letter of warning should be issued, notifying the 

employee that failure to meet expectations will result in discharge from the 

Federal service.

Failure to improve will necessitate the issuance of a written notice of 

discharge, outlining the basis for the termination, the effective date, and the 

employee’s rights of appeal. It is key to note that discharge from a 

probationary or trial period must be effected before expiration of the one year 

period, (i.e., before the end of the employee’s scheduled tour of duty the day 

before the anniversary date of the employee’s appointment). If the discharge 

has not been effected against the employee prior to the probationary or trial 

period expiration date, disciplinary and adverse action procedures must be 

followed. Thus, early identification and correction of problems are crucial.

Probationary or trial period employees in the competitive service have limited 

appeal rights. An appeal regarding their discharge from Federal service may 

be filed with the MSPB only if that action was taken on the basis of the 

employee’s marital status or partisan political affiliation. However, if the basis 

for the termination, in whole or in part, relates to conditions arising prior to 

employment, the employee may file an MSPB appeal on the grounds that the 

termination was not effected in accordance with the proper procedural 

requirements. Further, allegations of discriminatory termination may be filed 

only if the employee first has the basis to file an appeal due to his/her marital 

status or partisan political affiliation.

Excepted service, non-preference eligible, employees who are discharged 

during their trial period do not have the right to appeal to the MSPB.
Circular 2750.1 Page 56 January 22, 1999

11. Employee Assistance

Program

FDIC Circular 2821.1, FDIC’s Employee Assistance Program, was established 

to assist employees with personal problems that may affect conduct or

performance on the job. The program includes the availability of counseling

services. Regardless of the nature of the employee’s conduct or performance 

problem, managers have the obligation to refer the employee to the Employee 

Assistance Program. The referral should be included in written counseling

memoranda, letters of warning, or other appropriate written

notices regarding conduct or performance deficiencies.

12. Questions Any questions concerning the disciplinary and adverse actions process 

should be directed to the Division of Administration, Personnel Services 

Branch.

13. Effective Date This circular is effective immediately.
58

Appendix C-4

Circular 2400.2 – Whistleblower Protection Rights
Circular 2400.2 Page 58 June 6, 2001

*Name and telephone number has been changed to reflect the new Contact.

TYPE AND NUMBER

Circular 2400.2

FEDERAL DEPOSIT INSURANCE CORPORATION

DIRECTIVE SYSTEM

CONTACT

*Gloria J. Banks

DATE

June 6, 2001

TELEPHONE NUMBER

(703) 562-2613

DATE OF CANCELLATION (Bulletins Only)

TO: All Employees

FROM:

Arleas Upton Kea

Director, Division of Administration (DOA)

SUBJECT: Whistleblower Protection Rights

1. Purpose To inform employees of their rights and remedies under Federal 

whistleblower protection laws.

2. Scope This circular applies to all current and former FDIC employees and applicants 

for employment at the FDIC. Where the terms of a negotiated agreement 

differ from the provisions of this circular, the negotiated agreement is 

applicable, provided it conforms with Federal law. Any negotiated agreement 

should be read in conjunction with this circular.

3. Background The Whistleblower Protection Act (5 U.S.C. 2302(b)(8)) protects Federal 

employees and applicants for employment from retaliatory action or reprisal 

for whistleblowing.

Additionally, FDIC employees are protected from reprisal for whistleblowing 

activities under 12 U.S.C. 1831j.

The Inspector General Act (5 U.S.C. Appendix 3, § 7) prohibits reprisal 

against any employee for making a complaint or disclosing information to an 

Inspector General.
Circular 2400.2 Page 59 June 6, 2001

4. Definitions Terms used in this circular are defined below:

a. Office of Special Counsel (OSC). An independent investigative and 

prosecutorial agency within the Executive Branch that receives and 

investigates complaints alleging prohibited personnel practices, 

including those involving reprisal for whistleblowing.

b. Whistleblowing. When a Federal employee or applicant for 

employment discloses information to the OSC, the Inspector General, 

or other comparable agency official, which the individual reasonably 

believes evidences:

(1) a violation of law, rule, or regulation; 

(2) gross mismanagement;

(3) a gross waste of funds; 

(4) an abuse of authority; or

(5) a substantial and specific danger to public health or safety.

5. Policy a. Under the Whistleblower Protection Act, it is prohibited for a Federal 

official or employee to take, fail to take, threaten to take, or threaten 

to fail to take a personnel action against an employee or applicant 

because of protected whistleblowing activities. Whistleblowing is 

protected unless the disclosure is prohibited by law or required by 

Executive Order to be kept secret for national security or foreign 

affairs reasons. Employees, former employees, and applicants may 

appeal a suspected reprisal for whistleblowing.

b. Under 12 U.S.C. 1831j, FDIC employees may not be discharged or 

discriminated against with respect to compensation, terms, conditions 

or privileges of employment because the employee (or an individual 

acting at the request of the employee) provided information to any 

Federal banking agency, bank or to the Attorney General regarding 

any possible violation of law or regulation, gross mismanagement, a 

gross waste of funds, an abuse of authority, or a substantial and 

specific danger to public health.

c. Under the Inspector General Act, it is prohibited to take or threaten 

any action against an employee as a reprisal for making a complaint 

or disclosing information to the Inspector General, unless the 

complaint was made, or information disclosed, with knowledge of (or 

with willful disregard for) its falsity.
Circular 2400.2 Page 60 June 6, 2001

6. Procedures Individuals seeking protection under the Federal whistleblower laws shall 

select one of the following filing remedies.

a. A complaint with the Office of Special Counsel for investigation;

b. A grievance under the FDIC negotiated grievance procedures (if the 

employee is in a bargaining unit);

c. A lawsuit in Federal Court under 12 U.S.C. 1831j; or 

d. An appeal with the Merit Systems Protection Board.

7. Contacts Questions regarding Whistleblower Protection Rights or filing procedures 

should be directed to the local Labor and Employee Relations

representatives, DOA, Personnel Services Branch. Individuals also may 

contact the Office of Special Counsel at (1-800-572-2249) for information 

regarding whistleblower disclosures and/or procedures for filing a complaint

with the OSC.

8. Effective Date The provisions of this circular are effective immediately.