FISCAL YEAR 2021

No FEAR Act

ANNUAL REPORT TOCONGRESS

Federal Deposit Insurance Corporation
Table of Contents

Introduction .........................................................................................................................................1

Accomplishments and Actions Taken .......................................................................................1 

No FEAR Act Report Requirements ........................................................................................3 

Number of Employees Disciplined ....................................................................................... 4 

 Practical Knowledge Gained .........................................................................................................4

No FEAR Act Data and Analysis ...................................................................................................7

EEO Complaint Activity in Federal Court and Disposition ......................................7

Trends of Administrative EEO Complaint Activity .......................................................8

Planned Actions to Improve FDIC EEOComplaint Program..............................11 

AppendixA -FDIC Chairman EEO Policy Statement

Appendix B - FDIC Summary Complaint Data

B1 Federal Court Data

B2 EEO Data Posted Pursuant to the No FEAR Act

AppendixC- FDICPolicies relating to Non-Discrimination

C1 Circular 2710.1 - Equal Opportunity Policy

C2 Circular 2710.3 - Anti-Harassment Program

C3 Circular 2400.2 - Whistleblower Protection Rights

C4 Circular 2750.1 - Disciplinary andAdverse Actions
1

INTRODUCTION

The FDIC’s Equal Employment Opportunity (EEO) mission is to prohibit and address

unlawful discrimination in the workplace. We are committed to maintaining a healthy 

work environment that fosters diversity, equity, inclusion, and accessibility (DEIA), and we 

recognize that these priorities must be linked with specific DEIA objectives.

In addition, we view EEO complaints holistically as an individual employee’s (or 

applicant’s) personal testimony regarding a belief that they have been denied an 

opportunity or civil right which invariably may impact their full inclusion. Therefore, we 

review complaints carefully, not only to determine whether illegal discrimination occurred, 

but to ascertain whether someone is being unfairly excluded from the FDIC family. In these 

instances we seek to address any underlying conditions that contributed to the complaint.

With this framework as a backdrop, this year’s No FEAR Act report addresses progress 

toward our goal to develop and implement a more comprehensive, integrated, and strategic 

focus on EEO. OMWI is primarily responsible for the FDIC’s EEO program, and has formed 

strong collaborative relationships with senior leadership and program offices across the 

FDIC. We also provide the agency’s managers and supervisors with appropriate EEO and 

DEIA training and other resources to help them understand how to successfully carry out

their EEO duties and responsibilities. 

While we are proud of the progress that we have made thus far, we recognize that there is

more that can and will be done to fulfill our mission and EEOC objectives. We trust that 

you will see our commitment to and strategy for progress, as well as our plans for greater 

achievement in the years ahead, in the content of this report.

Accomplishments and Actions Taken

On July 30, 2021, the FDIC issued its No FEAR Act Notice to all employees describing their

right to a workplace that is free from discrimination, harassment, retaliation, and

prohibited personnel practices, including reprisal for whistleblowing activities. This Notice

further provided employees with specific information on how to exercise their rights.

DEIA Progress

At the agency, we foster a culture of excellence by ensuring every employee has equal 

opportunity to develop and excel in their career. In March 2021, the FDIC released its DEI 

Strategic Plan,

1 which lays out a bold vision for embedding DEIA into every aspect of our 

operations. The FDIC also established a new performance goal to promote DEIA in our 

workforce and to hold FDIC leadership accountable for advancing DEIA and EEO. 

1 The FDIC’s DEI Strategic Plan, 2021–2023 is available at: https://www.fdic.gov/about/diversity/pdf/dei2021.pdf.
2

Since publishing our DEI Strategic Plan, we have included accessibility in our agency DEIA

initiatives, and are committed to both meeting the accessibility requirements of the 

Rehabilitation Act of 1973 for individuals with disabilities and exceeding our prior internal 

expectations. For instance, in FY 2021, automated captioning, meeting conference bridge 

phone numbers for American Sign Language (ASL) interpreters, the ability to “pin” the 

video feeds of ASL interpreters, and participant spotlighting were added to the MS Teams 

meeting platform for all FDIC employees. The FDIC Section 508 Team leveraged 

ServiceNow to create a portal for its customers to submit requests for 508 services,

including 508 training, document remediation assistance, Section 508 testing, and 

Voluntary Product Accessibility Template (VPAT) reviews. 

Promoting Alternative Dispute Resolution 

On January 21, 2021, the EEOC noted in its review of the FDIC’s Management Directive 715 

(MD-715) report that the agency’s ADR/EEO mediation acceptance rate in the precomplaint stage of the EEO process is below 50 percent. In response, OMWI initiated a 

benchmarking review of the informal EEO process to determine why more employees do 

not opt to participate in mediation. Steps initiated to improve the ADR participation rate, 

include OMWI working with agency management to encourage resolution, and we are 

seeking feedback, in the form of a questionnaire, from participating employees in order to 

implement process improvements. Our goal is to bolster our overall organizational 

numbers wherein we resolve conflict early in a dispute and at the lowest level 

possible. Upon completion of the benchmarking initiative by the close of 2022, OMWI will 

develop additional conflict resolution tools to improve EEO ADR participation at the FDIC. 

Processing Conflict Complaints Timely 

The EEOC provides that conflict cases are EEO complaints where the alleged responsible 

management official is the agency head, a staff member or employee of the agency head, 

someone who occupies a high-level position of influence at the agency, the EEO Director, or 

a supervisor in the EEO office. In FY 2021, OMWI developed and implemented an Internal 

Conflict EEO Complaint Process policy and corresponding standard operating procedures 

to ensure the timely investigation and processing of all EEO conflict complaints performed 

by outside contractors and other governmental agencies. Notably, in FY 2021, the FDIC did 

not experience any timeliness issues with the processing of EEO conflict complaints. 

Improving the Interview Process 

During the reporting period, appointment/hiring was the most frequently filed EEO issue. 

Based on this trend we realize that minimizing bias in hiring and promotion opportunities 

is critical to building and maintaining a diverse workforce. As outlined in the Agency’s DEI 

Strategic Plan, the FDIC initiated DEIA best practices to mitigate bias in the interview 

process. Upon request in FY 2021, OMWI reviewed Division and Office interview 

questions to ensure they were relevant to the job requirements and inclusive. For 

example, OMWI ensured questions were gender neutral and captured how candidates 

address, handle or interact with a diverse group. 
3

Implementing EEO Benchmark Study

The FDIC continually strives to build a workplace and culture where all employees feel free 

to exercise their civil rights and where employees are held accountable for violations of 

antidiscrimination laws. Further, we are focusing on an inclusive culture where differences 

are celebrated, because these unique characteristics make our workforce stronger and 

enhance our ability to fulfill our mission responsibilities. For these reasons, in FY 2021,

OMWI initiated a process to benchmark other agencies’ equal employment programs for 

preventing and addressing discrimination and retaliation. The results of this effort will be 

integrated into process enhancements for our EEO program in 2022.

NO FEAR ACT REPORT REQUIRMENTS

POLICIES

The FDIC endeavors to embed EEO into our everyday policies, procedures, and practices,

and to make EEO principles a fundamental part of our culture. This dedication to EEO is 

embraced by our leadership and communicated through the ranks. In October 2020, FDIC

issued the agency’s EEO policy statement, reinforcing the commitment to the principles of 

EEO. 

The EEO policy statement makes clear that discrimination and retaliation will not be 

tolerated at the FDIC. It explains the commitment to EEO and the promotion of a strong 

affirmative employment program. Additionally, the policy statement emphasizes that 

managers and supervisors share the responsibility for ensuring EEO and for achieving 

progress toward a diverse workforce at all levels of the agency. 

Further, we strive to maintain clearly defined policies and procedures to prevent all forms 

of discrimination, including harassment and retaliation. To help prevent discrimination 

and inform managers, supervisors, and employees of the consequences for committing acts 

of discrimination, the FDIC promulgated and enforces, EEO/antidiscrimination and 

whistleblower, policies and procedures applicable to all employees and applicants for 

employment. 

For instance, the FDIC’s Anti-Harassment Program defines harassment and inappropriate 

conduct. To ensure as inclusive a workplace as possible, this policy is purposefully broad. 

It identifies multiple avenues of redress for claims of harassment and does not limit 

employees to the EEO process. Additionally, the program reiterates the responsibilities of 

both managers and supervisors to prevent and promptly address harassing conduct in the 

workplace. Any employee found to have engaged in harassment or discrimination in 

violation of this policy is subject to disciplinary action.
4

The agency’s Whistleblower Protection Rights Directive explains employees’ rights and

protections for disclosing information reasonably believed to reflect a violation of law, rule, 

or regulation, gross mismanagement or waste of funds, abuse of authority, or a substantial 

and specific danger to public health or safety. FDIC issued a statement in July 2021 

reiterating that employees must be able to make whistleblower disclosures without fear of 

retaliation. 

Number of Employees Disciplined 

In the event the agency is sanctioned with an EEO-related finding of discrimination, 

management conducts a review to determine whether taking disciplinary action is 

appropriate against the official(s) involved in the matter. Also, OMWI tracks these 

decisions and reports trends, issues, and problems to senior leadership for appropriate 

actions. Notably, during the reporting period, neither the EEOC, the Merit Systems 

Protection Board, the Office of Special Counsel, nor a federal court issued any findings

against FDIC. However, in FY 2021, the FDIC implemented the terms of two findings of 

discrimination issued in prior years. 

During the FY 2021 reporting period, there were 15 complaints investigated under the 

agency’s Anti-Harassment Program. Of those complaints, 13 were found to be 

unsubstantiated and two investigations resulted in verbal counselings. 

PRACTICAL KNOWLEDGE GAINED 

As the FDIC provides services that meet the changing needs of the banking system and the 

public, we also endeavor to meet the needs of our valued employees. We regularly review

all aspects of our agency to ensure we are putting in place EEO initiatives, policies, and 

training programs to support our workforce in order to accomplish our mission. Through 

this ongoing analysis, we gain practical knowledge and determine how best to address any 

shortcomings identified. Below are the key areas where practical knowledge was gained.

Engagement

The FDIC recognizes that engaged employees are more likely to identify with, and align

their own goals with, the agency’s goals and mission.

OMWI believes that every employee’s unique experience, background, and characteristics –

seen and unseen – influence how they engage with one another in the workplace. In 

support of this belief, OMWI launched a series of “Listening Sessions” in 2021 with the aim

of learning more about employees’ unique experiences and perspectives and how they

impact them in the workplace. The sessions included: FDIC’s Commitment to AntiDiscrimination and Anti-Harassment; Unmasking Anti-Asian Violence; Xenophobia and 

Bias; PRIDE in the Federal Workplace; Persons with Disabilities; Veterans; and Religious 

Beliefs.
5

Additionally, the Chairman’s Diversity Advisory Councils (CDACs) and the FDIC’s Employee 

Resource Groups (ERGs) provide perspective on DEIA issues and help foster a culture of 

inclusion at the agency. In addition to serving as a resource for employees, these groups 

help inform agency leadership about issues that are of concern to group members and the 

wider FDIC community. This feedback helps to shape the goals articulated in the FDIC’s

DEI Strategic Plan. 

ERGs provide invaluable support to the workforce. Their events and activities throughout 

the year increase cultural intelligence and raise awareness of issues affecting employee 

performance. In addition to collaborating with OMWI to present federally recognized 

Special Emphasis Programs, the ERGs hosted many meetings, workshops, mentoring

programs, networking efforts, and events throughout the year. Some of these items

included the following: 

 Corporate Advocacy Network for Disability Opportunities (CAN DO) hosted “Coffee

and Convo,” during which participants discussed issues facing individuals with

disabilities in the workforce.

 PRIDE, the FDIC’s LGBTQ ERG, co-sponsored, along with the other financial sector

regulatory agencies and interagency ERGs, an event titled, “Pride in the Federal

Workplace.” The virtual event featured openly-LGBT executives who discussed

their careers, challenges they have faced, and career practice pointers. The event

also included a fireside chat with NCUA Chairman Todd Harper.

 Partnership of Women in the Workplace (POWW) hosted several events, including:

Women in Leadership; “Getting Out of Your Own Way – job postings and

interviews;” and Being an Advocate for Yourself and Others.

 Networking Inclusion and Advancement for African American-Women: African

American Women with a Purpose (NIA) collaborated with the a Corporate

Recruitment and Minority Recruitment Task Force to develop means to effectively

reach and recruit diverse students to apply for FDIC Financial Institution Specialist

and other entry-level positions.

NIA also developed an informative program designed to help women successfully 

navigate their careers. The program featured a rare opportunity for women and 

women of color to hear career advice, anecdotes, and the history of the FDIC from a

former African American FDIC Division Director.

 Association of African American Professionals (A3P) collaborated with several ERGs

to host two DEI events on “Challenges Faced by Ethnic Minorities in the Workplace:

A Dialogue on Breaking Down Barriers.” More than 500 employees participated in

these interactive events, which featured DEI workplace statistics, a series of

informative short videos, and guided dialogues on:
6

 The main challenges/barriers that ethnic minorities and women face in the

workplace,

 The importance and benefits of having ethnic minorities and women as part

of an organization or work team,

 How organizations can remove barriers to create a more inclusive and

equitable work environment for ethnic minorities and women, and

 Ways to promote DEI of ethnic minorities and women in the workplace.

A3P also partnered with the “FDIC Pathways Internship Program” to deliver

presentations at a predominantly Black High School and a Historically Black College 

or University (HBCU). The purpose of the presentations were to educate students 

about internship opportunities at the FDIC, the eligibility criteria, and how to apply 

in an effort to increase workforce diversity. During the year, A3P provided 

internship information to more than 60 high school and college students. Further, 

they helped four high school students successfully apply for the FDIC’s 2022 

Pathways Internship program.

Training 

As previously stated, OMWI is committed to raising awareness and promoting mediation to 

resolve complaints at the earliest stage within the EEO process. The FDIC provides 

information to managers and supervisors on ADR techniques and encourages employees to 

consider mediation when a complaint has been filed. Management is required to 

participate in mediation if the complainant elects mediation and the FDIC determines the 

matter is suitable for mediation. We recognize that strategically emphasizing the benefits 

of mediation to managers, supervisors, and employees will yield beneficial results. 

Accordingly, we continue to build upon our efforts to promote and proactively leverage 

strategies to identify, address, and resolve workplace conflicts before they become formal 

complaints. 

For the reporting period, the FDIC provided the following ADR related training:

 EEO and Diversity Workshop for Supervisors,

 No FEAR Act Training,

 Negotiation Skills,

 Resolving Conflict on Your Team: A Course for Non-Supervisory Team

Leaders, and

 Facilitating Effective Conversations: Resolving Conflict Between Employees.

The FDIC conducted additional ADR training through its OMWI Forum Webinar Series: FDIC 

EEO Mediation Program. This webinar provided all employees with information on how 

mediation is used in the EEO process, the options employees have to participate in 

mediation, what happens during mediation, and the benefits of using mediation to resolve 

EEO complaints. 
7

No FEAR Act Training

During FY 2021, the FDIC updated and improved its web-based No FEAR Act training to 

comply with the provisions of the Elijah Cummings Federal Employees Antidiscrimination 

Act of 2020. We plan to roll out the revised training in 2022. 

EEO Training

In collaboration with the FDIC’s Corporate University (CU), OMWI will continue to revise 

the EEO and Diversity training for managers and supervisors. The training is designed to

provide participants information regarding EEO policies and procedures, their role and 

responsibilities in the EEO process, and the benefits of ADR mediation. 

NO FEAR ACT DATA ANALYSIS

EEO Complaint Activity in Federal Court and Disposition

In each year from 2017 through FY 2019, FDIC received a minimal number of new 

employment cases (four) filed in various federal District Courts. There was an uptick in 

new federal cases filed in FY 2020, but the number of new cases declined in FY 2021 (when 

three new cases were filed). The total number of pending district court cases at any time 

during FY 2021 was the same as the peak of nine cases in FY 2017. 

2017 2018 2019 2020 2021

Pending District Court Cases 9 3 3 7 9

Pending Appellate Court Cases 4 2 1 0 1

New Cases Filed in District Court 2 0 2 5 3

Settlements 1 1 1 0 1

Withdrawals 1 0 0 0 0

Final Judgment for Complainant 0 0 0 0 0

Final Judgment for Agency 4 2 1 1 1
8

Judgment Fund Reimbursements and Budget Adjustment 

The FDIC is an independent agency, and with the exception of the FDIC’s Office of Inspector 

General (OIG), is not funded through congressional appropriations. In FY 2021, there were 

no judgments against the FDIC, including the OIG, from cases pending or resolved in federal 

District Court. Therefore, no budget adjustments were necessary. 

Agency’s EEO Complaint Processing

OMWI’s Equal Opportunity Compliance and Training (EOCT) Branch is responsible for 

managing the FDIC’s EEO complaint process pursuant to 29 C.F.R. Part 1614. During the 

reporting period, the FDIC employed 6,036 employees (5,621 permanent employees and 

415 term and temporary employees). Overall, the agency experienced a decrease in the 

number of formal complaints filed during the reporting period. 

EEO Complaint Activity 

The number of newly initiated informal counselings decreased from 48 in FY 2020 to 43 in 

FY 2021. One counseling was closed late due to an internal FDIC miscommunication for a 

remand from an EEOC administrative judge. OMWI has taken steps to improve 

communication and follow-up to prevent future delays. 

Twenty-nine formal complaints were filed in FY 2021, down six percent from FY 2020 and 

32 percent from FY 2019. In fact, FY 2021 marks a five-year low in the number of formal 

complaints, as illustrated below. 

30

33

43

31 29

Fiscal Year 2017 2018 2019 2020 2021

Administrative Formal Complaints Filed 

Fiscal Years 2017-2020
9

Complaints by Basis

For FY 2021, age, reprisal, and sex were the most frequently filed bases. In addition,

individuals filed 15 complaints on the basis of age, in comparison to 12 complaints filed in 

FY 2020, an increase of 25 percent. Regarding the basis of reprisal, there were 13

complaints filed in FY 2021, in comparison to 17 filed in FY 2020, a decrease of 23 percent. 

Concerning the basis of sex, there were 11 complaints (10-female, 1-male) filed in FY 2021,

in comparison to 20 complaints (12-female, 7-male, 1-LGBT) filed in FY 2019, a decrease of 

eight percent. Of the most frequently filed bases from prior years, complaints filed on the 

basis of race experienced the most significant decrease this reporting period: in FY 2021, 

nine (six-Black, one-White, one- Asian, and one-2 or more races) complaints were filed on 

the basis of race, in comparison to 15 (nine-Black, five-White, one-Asian) filed in FY 2020, a 

decrease of 40 percent. 

2017 2018 2019 2020 2021

Race 15 10 21 15 9

Color 4 2 5 3 2

Religion 0 0 3 2 1

Reprisal 14 19 20 16 14

Sex2 16 9 20 11 11

National Origin 2 1 6 2 2

Equal Pay Act 3 0 0 0 1

Age 10 10 18 12 15

Disability 13 10 14 7 8

Genetic

Information

0 0 0 0 0

 

2 Male, Female, Pregnancy, Sexual Orientation, Sexual Identity

Complaints by Issue

For FY 2021, the most common complaint issues related to appointment/hire, non-sexual 

harassment, and promotion. In FY 2021, there were 13 appointment/hire complaints, in 

comparison to three such complaints in FY 2020, an increase of 76 percent. With respect to

claims alleging non-sexual harassment, there were eight claims filed in FY 2021, in 

comparison to six claims filed in FY 2020, an increase of 33 percent. During FY 2021, there 
10

were six claims related to promotion in comparison to nine in FY 2020, a decrease of 57 

percent. For claims alleging terms and conditions of employment, there were five claims 

filed in FY 2021, in comparison to nine claims filed in FY 2020, a decrease of 44 percent.

Even with the decrease in the number of complaints filed, in FY 2021 OMWI began looking 

carefully at the bases and issues of complaints filed during the last five fiscal years to 

ascertain any consistent trends. For example, although there was a decrease in the number 

of reprisal complaints filed, it consistently remained one of the top three complaint bases 

throughout the past five fiscal years. At the conclusion of the review in FY 2022, OMWI will 

develop and implement action plans in FY 2023 to address noted patterns and conduct 

targeted training. 

Timeliness

Over the course of FY 2021, OMWI completed 95 percent of all EEO complaint

investigations in a timely manner, a slight decrease from the timely completion rate of 96.7

percent in FY 2020. In addition, OMWI reduced the average length of an investigation by 

10 days. There were 20 investigations completed in FY 2021, with an average processing

time of 190 days; in FY 2020, the average processing time for an investigation was 200 

days. In FY 2021, 19 investigations were timely completed in accordance with EEOC 

regulations, but one complaint investigation was not timely processed. OMWI has resolved 

the program deficiency that caused the late investigation, wherein internal EEO staff will 

provide email communications to the Branch Chief that clearly identifies new formal 

complaints. In addition, we will continue to assess internal EEO complaint standard 

operating procedures to ensure that we meet and or exceed all statutory timeframes.

Top Three Bases Top Three Issues

FY 2021

% total 

complaints 

filed FY 2021

% total 

complaints 

filed 

Age 51.7% Appointment/Hire 44.8%

Reprisal 44.8% Harassment (non-sexual) 27.5%

Sex 37.9% Promotion 20.6%

FY 2020 FY 2020

Reprisal 54.8% Promotion 29.0%

Race 48.3% Terms and Conditions 28.5%

Sex 38.7% Harassment (non-sexual) 19.3%
11

The average processing time for the four Final Agency (FAD) Decisions that FDIC issued on 

the merits of a complaint was 43 days; the maximum processing time under EEOC 

requirements for a FAD is 60 days. Four class action complaints were filed during FY 2021, 

with three being filed by the same applicant on the bases of race, age, and reprisal 

regarding appointment/hire for a number of FDIC Legal Division positions. The fourth 

class action was filed by a current FDIC employee on the basis of sex (female), age, and 

reprisal regarding her performance management process/evaluation, work assignments,

and promotion opportunities. The employee subsequently withdrew the class complaint 

and instead requested processing as an individual complaint. No cases resulted in a finding 

of discrimination during FY 2021, but the FDIC implemented the terms of two findings of 

discrimination issued in prior years. 

Actions Planned

The agency will continue our efforts to promote ADR and proactively leverage strategies to 

identify, address, and resolve workplace conflicts before they become formal complaints. 

OMWI will take additional steps to encourage employees to resolve workplace disputes at 

the earliest stages as the majority of the EEO complaint resolutions in 2021 occurred at the

hearing stage. Additionally, OMWI will continue to monitor the agency’s complaint activity 

compared to government-wide activity and the activity at agencies most similar to the 

FDIC, to ensure that we have the benchmark information necessary to address workplace 

concerns, develop strategies to reduce complaint processing timeframes and make 

improvements that positively impact the agency’s EEO complaint program.

CONCLUSION

The decrease in the number of formal complaints filed in FY 2020 and FY 2021 reflects a 

continual positive trend. Throughout FY 2021, the FDIC carried out proactive and effective 

communication with employees about their rights, protections available to them, major 

changes in the agency’s organization, policies, and DEIA strategic goals and initiatives. As 

described in this report, FDIC, led by OMWI, continued to make important strides in its 

efforts to foster and promote an inclusive workplace free from harassment and 

discrimination. 

Fiscal Year

Complaints 

Filed

Investigations

Average Days % Timely

2021 29 190 95.0%

2020 31 200 96.7%

2019 43 201 97.6%

2018 33 187 96.9%

2017 30 197 100%
APPENDIX A

CHAIRMAN EEO POLICY STATEMENT
EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT

October 22, 2020 

When I joined the FDIC two years ago, I affirmed my commitment to a workforce that is diverse and inclusive,

reflecting the communities we serve, and respecting the value and contributions of all employees. Since then, 

we have steadily increased diversity across the organization, but the journey to truly eliminate inequality

continues. 

I welcome this opportunity to reaffirm my commitment to the principles of equal opportunity, nondiscrimination, diversity and inclusion (D&I), and equal access for all individuals across all our activities.

The FDIC will continue its work to uphold equal opportunity for all employees and applicants for employment 

regardless of race, religion, color, sex (including pregnancy, gender identity, and sexual orientation), national 

origin, disability, age, and genetic information.

This commitment will be reflected in all of the FDIC’s personnel and employment programs, management 

practices, and decisions, including our recruitment and hiring; promotions, transfers, and reassignments; 

training and career development; benefits; and more. We will provide reasonable accommodations to 

employees and applicants with disabilities, and for religious observances and practices, to ensure a fair and 

level playing field for all.

The FDIC does not tolerate discrimination, harassment (including sexual harassment), or retaliation, and 

every allegation of these unlawful behaviors is taken seriously. FDIC managers and supervisors must address 

harassment allegations immediately and appropriately.

Employees should avail themselves of the resources available, including the EEO complaint process, if they 

are being treated unfairly. Retaliation against individuals for their participation in the EEO complaint process 

or opposition to discriminatory practices is prohibited. 

Earlier this year, I announced a number of specific initiatives we have undertaken to increase diversity in our

workforce and our leadership, to create a culture of excellence that supports and sustains high performance, 

to educate all employees on the importance of D&I, and to identify and eliminate barriers to successfully 

meeting our strategic D&I objectives. This work will continue and as we cultivate an FDIC that is accessible, 

inclusive, and diverse—that treats everyone with dignity and respect and embraces our differences.

For more information on the FDIC’s Equal Opportunity Policy and the Anti-Harassment Program, I encourage 

you to read Circular 2710.1 and Circular 2710.3. Bargaining unit employees may wish to review the grievance 

procedures included in the FDIC-NTEU Collective Bargaining Agreement related to equal employment 

opportunity.

__________________________________

Jelena McWilliams

Chairman
APPENDIX B

SUMMARY OF FDIC COMPLAINT DATA
APPENDIX B1

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

FEDERAL CASES PENDING in FY 2021 

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

during the year, and those disposed of during the year. the year, and those disposed of during the year

Pending District Court Cases 9

Pending Appellate Court Cases 1

New Cases Filed in District Court 3

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)

0 1 0 0 1 2 3 1 1

0 0 0 0 1 2 4 0 0

0 0 0 0 0 1 1 0 0

0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0

0 1 0 0 1 1 1 1 1

0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0

1. Pending Cases

Disposed of during FY2021

Still pending at end of FY2021

2. Disposition of Cases (including dismissals)

Settlements

Withdrawals

Final Judgment for Complainant

Final Judgment for Agency

Reimbursement to Judgment Fund

Remand of appellate cases to District Court

Reimbursement toJudgment 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

5USC 2302(b)(1), 2302(b)(9) - Prohibited Personnel Practices

5USC 206(d) - Equal Pay Act 

29USC 631, 633a - Age Discimination In Employment Act; 791 - 

Rehabilitation Act 42USC 2000e-16 (Title VII of the Civil Rights Act)
APPENDIX B2

EEO DATA POSTED PURSUANT to the No FEAR Act
FDIC: No Fear Act EEO Data

No FEAR Act EEO Data

Data as of 09/30/2021

Complaint Activity

Complaint Activity 2016 2017 2018 2019 2020

FY2021

YTD

Number of Complaints Filed 40 30 33 43 31 29 

Number of Complainants 34 28 30 39 30 26

Repeat Filers 4 2 3 3 1 2

Complaints by Basis

Note: Complaints can be filed

alleging multiple bases. The sum of

the bases may not equal total

complaints filed. 2016 2017 2018 2019 2020

FY2021

YTD

Race 23 17 14 23 15 9 

Color 11 3 2 5 4 2

Religion 3 0 0 3 3 1

Reprisal 18 14 21 22 17 13

Sex 20 17 12 21 12 11

Pregnancy Discrimination Act 1 1 0 0 0 0

National Origin 9 3 2 7 3 2

Equal Pay Act 0 3 0 1 0 1

Age 24 10 12 18 12 15

Disability 10 12 15 13 7 8

Genetic Information 0 0 0 0 0 0

Non-EEO 4 3 2 3 2 0

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. 2016 2017 2018 2019 2020

FY2021

YTD

Appointment/Hire 8 3 3 3 3 13 

Assignment of Duties 6 5 4 7 3 1

Awards 1 0 2 1 1 1

Conversion to Full-time 0 0 0 0 0 0

Disciplinary Action

 Demotion 0 0 2 1 1 0

 Warning 0 4 7 2 1 1

 Reprimand 0 1 1 0 2 0

 Removal 0 0 1 4 3 1

 Suspension 0 1 1 1 0 0
FDIC: No Fear Act EEO Data

 Other 8 2 0 0 0 0

Duty Hours 0 0 0 1 0 0

Evaluation Appraisal 8 10 12 10 6 4

Examination Test 1 0 0 0 0 0

Harassment

 Non-Sexual 13 15 12 14 6 8

 Sexual 0 1 3 1 4 0

Medical Examination 0 0 0 0 0 0

Pay (Including Overtime) 2 3 0 3 0 1

Promotion Non-Selection 11 7 10 12 9 6

Reassignment

 Denied 1 0 2 2 1 3

 Directed 1 2 1 0 0 2

Reasonable Accommodation 2 4 5 3 2 2

Reinstatement 0 0 0 0 0 0

Religious Accommodation 0 0 0 0 0 0

Retirement 0 0 1 0 0 0

Sex Stereotyping 0 0 0 0 0 0

Telework 0 4 5 4 1 0

Termination 2 3 2 4 3 1

Terms/Conditions of Employment 2 8 8 14 8 4

Time and Attendance 6 9 8 7 2 1

Training 2 4 5 3 2 3

Other 8 2 0 0 0 0

Processing Time

2016 2017 2018 2019 2020

FY2021

YTD

Complaints pending during fiscal year

 Average number of days

 in investigation 179 197 187 201 200 190

 Average number of days

 in final action 40 38 32 36 41 28

Complaints pending during fiscal year where hearing was requested

 Average number of days

 in investigation 193 213 195 202 201 178

 Average number of days

 in final action 34 11 27 22 39 23

Complaints pending during fiscal year where hearing was not requested

 Average number of days

 in investigation 172 173 165 197 199 211

 Average number of days

 in final action 45 48 39 67 38 43

Complaints Dismissed by Agency

FY2021
FDIC: No Fear Act EEO Data

2016 2017 2018 2019 2020 YTD

Total Complaints Dismissed by

Agency 3 8 2 3 2 5

Average Days pending prior to

dismissal 517 360 128 103 109 113

Complaints Withdrawn by Complainants

2016 2017 2018 2019 2020

FY2021

YTD

Total Withdrawn by Complainants 3 0 8 0 1 2 

Total Final Actions Finding Discrimination

2016 2017 2018 2019 2020

FY2021

YTD

Total Number of Findings 0 0 0 1 0 0

Without Hearing 0 0 0 1 0 0

With Hearing 0 0 0 0 0 0

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. 2016 2017 2018 2019 2020

FY2021

YTD

Total Number of Findings 0 0 0 1 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 1 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 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
FDIC: No Fear Act EEO Data

 Genetic Information 0 0 0 0 0 0

 Non-EEO 0 0 0 0 0 0

Findings Without Hearing 0 0 0 1 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 1 0 0

 Genetic Information 0 0 0 0 0 0

 Non-EEO 0 0 0 0 0 0

Findings of Discrimination Rendered by Issue

2016 2017 2018 2019 2020

FY2021

YTD

Total Number of Findings 0 0 0 1 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

 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
FDIC: No Fear Act EEO Data

Retirement 0 0 0 0 0 0

Termination 0 0 0 0 0 0

Terms/Conditions of Employment 0 0 0 1 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 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

 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

Findings Without Hearing 0 0 0 1 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
FDIC: No Fear Act EEO Data

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 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 1 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

2016 2017 2018 2019 2020

FY2021

YTD

Total Complaints from previous

Fiscal Years 34 49 41 32 25 19

Total Complainants 28 37 34 27 22 19

Number of Complaints Pending

 Investigation 0 0 0 0 0 0

 ROI issued, pending

Complainant's action 1 0 1 0 0 0

 Hearing 31 46 36 28 25 19

 Final Action 3 0 4 4 0 0

 Appeal 24 11 4 11 15 7

Complaint Investigations

2016 2017 2018 2019 2020

FY2021

YTD

Pending Complaints Where
FDIC: No Fear Act EEO Data

Investigations Exceed Required

Time Frames

0 0 0 1 0 1

Last Updated 11/01/2021

OMWI@fdic.gov
APPENDIX C

FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
APPENDIX C-1

CIRCULAR 2710.1 – Equal Opportunity Policy
r

FEDERAL DEPOSIT INSURANCE CORPORATION

IRE TI Y

TYPE AND NUMBEI

Circular 2710.1

CONTACT

Melodee Brooks

TELEPHONE NUMBER

(703) 562-6225

November 20, 2015

DATE OF CANCELLATION (Bulletins Only)

TO: Ail Employees and Contr c s

FROM: Segundo Pereira

Director, Office of on and Women Inclusion

SUBJECT: Equal. Opportunity Policy

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

commitment to equal opportunity, affirmative employment, and

diversity and inclusion principles. Also, to affirm the policy

prohibiting discriminatory practices in the FDIC workplace and in

any of its. programs or activities and to promote the fair inclusion

of minority and women-owned businesses (MWOBs) and small

disadvantaged businesses (SDBs) in procurement opportunities

and business activities at all levels.

2. Revision FDIC Circular 2710.1, Corporation's Policy on Equat Opportunity,

dated October 19, 2010, is hereby revised and superseded.

3. Scope This Circular applies to all employees, applicants for employment,

and persons doing business, with or for the FDIC.

4. Background The FDIC is committed to the principles of equal opportunity in all

of its programs, policies, and practices and promotes diversity

and inclusion in its workforce as well as in its programs and

activities. The Director, Office of Minority and Women Inclusion

(OMWI), has the delegated responsibility for the FDIC diversity

and inclusion, civil rights, and minority and women outreach

programs. These programs ensure that the FDIC workplace is

inclusive, free from unlawful discrimination and harassment, and

provides equal opportunity and access to all employment and

business activities.

5. Policy It is the policy of the FDIC to prohibit discrimination and

harassment in its workplace and in all of its programs and

activities based on race, color, religion, sex (including pregnancy,

FDIC 1212103 (6-99)
Circular 2710.1 2 November 20, 2015

Policy (cont.) equal pay, gender identity, and sexual orientation), national 

origin, disability (physical and/or mental), age (40 years or older), 

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),

status as a parent, and retaliation (for participating in the EEO 

complaint process or opposing discriminatory practices).

All 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. 

The FDIC is fully committed to removing any unlawful, or 

otherwise prohibited discrimination from its employment and 

personnel policies, procedures, programs, practices, and 

operations. 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. 

Any unlawful or improper conduct that undermines the FDIC’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.

It is the policy of the FDIC to promote diversity in its workforce 

and inclusion in all of its programs and activities and provide 

employees with a work environment that embodies excellence 

and that acknowledges and honors the diversity of its employees. 

The FDIC is fully committed to utilizing consistent standards and 

procedures to ensure the fair inclusion and utilization of MWOBs 

and SDBs in FDIC procurement opportunities and business

activities, to the maximum extent possible.

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 applicants for employment) based on
Circular 2710.1 3 November 20, 2015

Authorities (cont.) race, color, religion, sex (including pregnancy), national origin, 

or retaliation, 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) The Rehabilitation Act of 1973, as amended, makes it

unlawful to discriminate or retaliate against qualified

individuals with disabilities including Federal employees,

applicants for employment or the public and requires Federal

agencies to provide reasonable accommodations and

accessibility to all FDIC programs and activities including

employment and facilities, 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 applicant for employment) who is 40 years of

age or older, 29 U.S.C. §621;

(5) Section 1216(a) and (c) 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) and provides for a Minority and

Women Outreach Program to ensure inclusion, to the

maximum extent possible, of minorities and women, and

entities owned by minorities and women in all contracts

entered into by the FDIC;

(6) Titles I and V of the Americans with Disabilities Act of

1990, as amended, define “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;

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

damages for employees (and applicants for employment) in

cases of intentional employment discrimination based on race,

color, religion, sex, sexual harassment, national origin, or

disability, 42 U.S.C. §1981a;

(8) 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;

(9) 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
Circular 2710.1 4 November 20, 2015

Authorities (cont.) Disabilities Act, 42 U.S.C. §12101; 

(10) Title II of the Genetic Information Nondiscrimination Act 

of 2008, makes it unlawful for an employer to discriminate 

against an employee (or applicants for employment) based on 

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;

(11) Section 342 of the Dodd-Frank Wall Street Reform and 

Consumer Protection Act of 2010, provides for the 

development of standards for equal employment opportunity 

in the FDIC workforce, increased participation of MWOBs in 

FDIC programs and activities, and assessing the diversity 

policies and practices of entities regulated by the FDIC.

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) 12 C.F.R. Part 352, FDIC’s nondiscrimination on the basis 

of disability guidelines;

(4) 29 C.F.R. Part 1604, Equal Employment Opportunity 

Commission’s (EEOC) sex discrimination guidelines;

(5) 29 C.F.R. Part 1605, EEOC’s religious discrimination 

guidelines; 

(6) 29 C.F.R. Part 1606, EEOC’s national origin

discrimination guidelines; and 

(7) 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. 

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

discrimination against Federal employees (and applicants for 

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

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

as a parent;

(2) Executive Order 13087 (1998), prohibits discrimination 
Circular 2710.1 5 November 20, 2015

Authorities (cont.) against Federal employees (and applicants for employment) 

based on sexual orientation;

(3) Executive Order 13145 (2000), prohibits discrimination

against Federal employees (and applicants for employment)

based on genetic information;

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

against Federal employees (and applicants for employment)

based on the individual’s status as a parent;

(5) Executive Order 13160 (2000), prohibits discrimination

based on race, color, religion, sex, national origin, disability,

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

conducted education and training programs;

(6) Executive Order 13163 (2000), increases employment

opportunities in the Federal Government for 100,000

individuals with disabilities;

(7) Executive Order 13164 (2000), requires Federal agencies

to establish procedures to facilitate the provision of

reasonable accommodation for individuals with disabilities;

(8) Executive Order 13166 (2000), improves access to

Federal programs and activities for persons with limited

English proficiency;

(9) Executive Order 13171 (2000), improves the

representation of Hispanics in Federal employment;

(10) Executive Order 13548 (2010), increases Federal

employment of individuals with disabilities; and

(11) Executive Order 13583 (2011), requires Federal

agencies to develop and implement a more comprehensive,

integrated, and strategic focus on diversity and inclusion.

7. 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 OMWI and the Division of Administration (DOA), 

Human Resources Branch, consistent with the FDIC’s Affirmative 

Employment Program, 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 workforce 

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
Circular 2710.1 6 November 20, 2015

Accountability and 

Monitoring (cont.)

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 OMWI 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. 

8. Guidelines and

Procedures

a. The procedures for initiating and processing EEOC complaints

of alleged employment discrimination are contained in FDIC

Circular 2710.2, EEOC Discrimination Complaint Process.

b. The procedures for initiating and processing FDIC complaints

of alleged employment discrimination are contained in FDIC

Circular 2710.4, FDIC Discrimination Complaint Process.

c. The procedures for initiating a complaint of harassment

discrimination are contained in FDIC Circular 2710.3, AntiHarassment Program.

d. The FDIC’s Equal Employment Opportunity Program ensures

equal access to employment for all qualified individuals through

the implementation of the EEOC’s Management Directive 715,

and the U.S. Office of Personnel Management’s Disabled

Veterans Affirmative Action Program. These programs assist in

the identification and elimination of barriers to recruitment, hiring,

retention, and promotion of women, minorities, individuals with

disabilities, and disabled veterans.

e. The procedures for providing reasonable accommodation to

individuals with disabilities are contained in FDIC Circular 2710.5,

Procedures for Providing Reasonable Accommodation to

Individuals with Disabilities.

f. Information on the 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.

g. The FDIC’s Minority and Women 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. See 12 C.F.R. Part 361, § 342 Dodd-Frank Act, and FDIC

Circular 2710.14, Corporate Outreach Program.
Circular 2710.1 7 November 20, 2015

9. Principal OMWI

Officials

Questions relating to complaint processing, Affirmative 

Employment, Diversity and Inclusion, and/or the Minority and 

Women Outreach Program:

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 Business and Diversity and

Inclusion Branch (703) 562-2623

10. Effective Date The provisions of this Circular are effective immediately.
APPENDIX C-2

CIRCULAR 2710.3 – Anti-Harassment Program
FDIC DIRECTIVE 2710.03

Nikita Pearson

Director

Office of Minority and Women Inclusion

See approval(s) on Action Log

Anti-Harassment Program

The Anti-Harassment Program is implemented in accordance with the legal requirements of the 

applicable laws, regulations, and guidance provided by the Equal Employment Opportunity 

Commission (EEOC).

PURPOSE

This Directive establishes the policies regarding anti-harassment in the workplace or at FDICsanctioned activities and events, including those outside of the workplace. This Directive

supports the FDIC’s commitment to maintaining a workplace free from harassment.

SCOPE

This Directive applies to all FDIC Divisions/Offices. 

AUTHORITIES

See Appendix - Authorities

FORM(S)

None. 

REVISION(S) 

This Directive supersedes FDIC 2710.3, Anti-Harassment Program, dated March 29, 2021. 
 Directive 2710.03 2 

06/13/2021

TABLE OF CONTENTS

Action Log

Submission Type

(New, Pedestrian Change, 

Revision)

Date Approved through Directives Management Center

Revision 03/29/2021 Nikita Pearson

Pedestrian Change 06/13/2021 Nikita Pearson

Summary of Changes (if applicable)

Updated to:

 Include terminology related to sexual harassment in the examples provided in the 

definition of harassment. 

 Include Labor and Employee Relations Section (LERS) HR Specialists as points of 

contact to report harassment. 

 Correct contact information for the Anti-Harassment Program Coordinator.

 Clearly identify the Anti-Harassment Program Coordinator roles and responsibilities.

 Include Legal Division responsibilities.

 Provide for notification to the person reporting the harassment and alleged harasser that 

the investigation has been completed. 

 Take preventive/corrective action, as appropriate, no later than 60 days of receiving 

notice of a report of harassment.

 Initiate an investigation within ten calendar days of receiving the report of harassment.

 Upon approval, this Directive will be renumbered to 2710.03.

Pedestrian Change to:

 Update “gender” to “sex” in the Policy Section; and

 Update “prompt” to “immediate” in the Policy Section B.3.
 Directive 2710.03 3 

06/13/2021

TABLE OF CONTENTS

Table of Contents

Action Log.................................................................................................................................. 2

Summary of Changes (if applicable) .......................................................................................... 2

Table of Contents....................................................................................................................... 3

Background................................................................................................................................ 4

Policy ......................................................................................................................................... 5

A. General Policy .......................................................................................................... 5

B. Reporting Process .................................................................................................... 6

Responsibilities .........................................................................................................................10

A. Managers/Supervisors.............................................................................................10

B. Employees...............................................................................................................10

C. Anti-Harassment Program Coordinator....................................................................10

D. Labor and Employee Relations Section ...................................................................11

E. Labor, Employment and Administration Section.......................................................11

F. Contracting Officers.................................................................................................12

Appendix - Authorities...............................................................................................................13

Appendix – Contact Information ................................................................................................14

Glossary of Terms.....................................................................................................................15

Glossary of Acronyms...............................................................................................................17
 Directive 2710.03 4 

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TABLE OF CONTENTS

Background 

The FDIC is committed to providing its employees with a workplace that is free of harassment. 

The Office of Minority and Women Inclusion (OMWI) Director has the delegated responsibility 

for the FDIC diversity and inclusion, civil rights, and minority and women outreach programs. 

These programs ensure the FDIC workplace is inclusive, free from unlawful discrimination and 

harassment, and provides equal opportunity and access to all employment and business 

activities.

The goal of this Directive is to provide employees with an internal process to report harassment. 

Employees need not assert that the harassment rises to a level prohibited by Title VII of the Civil 

Rights Act or other civil rights statutes, or that the harassment is based on membership in a 

protected class. This Directive provides examples of conduct that could constitute harassment 

prohibited by this Directive, and explains the rights and responsibilities of all employees and the 

FDIC’s system of accountability for violations of this Directive. 
 Directive 2710.03 5 

06/13/2021

TABLE OF CONTENTS

Policy

A. General Policy

It is the policy of the FDIC to maintain a workplace free from all forms of harassment, 

including but not limited to harassment based on race, color, religion, sex (including sexual 

or nonsexual, pregnancy, gender identity, or sexual orientation), national origin, disability 

(physical and mental), age (40 years or older), genetic information (information about an 

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

family members), status as a parent, and retaliation (for participating in the EEO complaint 

process or opposing discriminatory practices). The FDIC will not tolerate harassment by or 

against any applicant, employee, or contractor. Similarly, the FDIC will not tolerate 

retaliation against any applicant, employee, or contractor for opposing harassment, reporting 

harassment, or participating or assisting in any inquiry, investigation, lawsuit, or other 

proceeding concerning harassment. The FDIC expects anyone who witnesses or is the 

alleged victim of harassment to report it immediately, consistent with the Reporting Process

provided.

Harassment is any verbal or non-verbal conduct that is unwelcome to the individual and 

objectively offensive. For workplace harassment to be illegal, it must be either severe or 

pervasive, and based on a characteristic protected by a law enforced by the EEOC (e.g., 

Title VII of the Civil Rights Act). However, conduct need not rise to the level of illegal 

harassment to be prohibited by this Directive. For purposes of this Directive, this conduct 

will be referred to as “harassment.” 

The following are some examples of harassment prohibited by this Directive:

 Offensive jokes, comments, objects, or pictures. 

 Unwelcome questions about a person’s identity (e.g., disability status, gender identity, 

sexual orientation, national origin, religion). 

 Undue and unwelcome attention. 

 Ridicule or mockery. 

 Displaying offensive objects or pictures. 

 Insults or put-downs. 

 Unwelcome touching or contact. 

 Unwelcome sexual advances.
 Directive 2710.03 6 

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TABLE OF CONTENTS

 Requests for sexual favors. 

 Other verbal or physical harassment of a sexual nature. 

 Slurs, epithets, or name-calling. 

 Threats or other forms of intimidation. 

 Physical or sexual assault. 

 Engaging in bullying, intimidating, or threatening behavior. 

To maintain a workplace free from harassment, FDIC management will take appropriate 

actions to address allegations of harassment made against non-employees such as staff at 

examination sites, contract workers, security guards, and delivery or maintenance staff.

Any FDIC employee who engages in conduct prohibited by this Directive is subject to 

disciplinary action, up to and including removal from Federal service.

In most cases, harassment does not include ordinary supervisory actions, such as telling an 

employee that they are not performing a job adequately. Generally, allegations concerning 

performance issues, impolite behavior, or personality conflicts will not fall under this 

Directive. Also, occasional and innocuous compliments generally will not constitute 

harassment, but rather reflect the reality of human experience and common courtesy.

This Directive is not intended to stand in isolation of other policies and tools available to 

remedy workplace disputes. FDIC employees involved in a workplace dispute may raise 

such issues through alternative means, such as the Internal Ombudsman’s Office, FDIC’s 

Alternative Dispute Resolution program, or the negotiated or administrative grievance 

procedures.

B. Reporting Process

1. Reporting Alleged Harassment

a. Individuals who observe, experience, or otherwise learn about harassment covered 

under this Directive are expected to promptly report the conduct to any of the 

following:

1) The alleged victim’s immediate supervisor;

2) The supervisor of the person responsible for the alleged conduct;

3) Any management official with supervisory responsibility;
 Directive 2710.03 7 

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TABLE OF CONTENTS

4) Anti-Harassment Program Coordinator (AHPC);

5) LERS Assistant Director; or

6) Any LERS Specialist.

When allegations of harassment are received, notify AHPC immediately. 

b. To fulfill the objectives of this Directive, an individual who has alleged harassment in 

connection with an EEO complaint, a negotiated or administrative grievance, a 

complaint filed with the Office of Special Counsel, or an appeal filed with the Merit 

Systems Protection Board, will be deemed to have reported alleged harassment 

under this Directive. 

If employees raise allegations of harassment to the Internal Ombudsman’s Office (IOO), 

they will be provided with a safe place to explore their concerns, advised to review this 

Directive, and referred to the AHPC, as appropriate. However, because of the unique 

role of the IOO, raising allegations of harassment with the IOO does not constitute notice 

to the FDIC under this policy.

2. Processing/Investigation of Allegations

a. When the AHPC receives a report of harassment, the AHPC: 

1) Contacts the individual making the report to explain the investigative process and 

schedule an intake call to gather preliminary information about the allegations. 

2) Once the intake process is completed and the allegations are received, refers the 

matter to LERS. 

3) Reports allegations related to the Office of Inspector General (OIG) to OIG’s 

Director, Office of Human Resources for appropriate action pursuant to OIG 

procedure. 

4) Notifies the appropriate contracting officer of allegations of harassment involving 

contract workers. 

b. LERS and Labor, Employment and Administration Section (LEAS) review the 

allegations to determine whether they are covered by this Directive. If so, LERS and 

LEAS, in consultation with the appropriate management official(s), must determine 

whether immediate corrective action is necessary to address the allegations. If such 

action is necessary, it will be effectuated as promptly as possible.
Directive 2710.03 8 

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In consultation with the appropriate management official(s), LERS and LEAS determines 

whether additional investigation of the allegations is appropriate. If so, they initiate an 

investigation no later than 10 calendar days of receiving the report of harassment. All 

parties—including the reporting party (and the alleged victim of the alleged harassing 

conduct, if different from the reporting party), the alleged harasser, and any others

involved—are required to cooperate with an investigation so it can be conducted in a

prompt, thorough, and fair manner. A witness who fails to cooperate may be subject to

disciplinary action, up to and including removal from Federal service.

The identity of the person reporting the harassment, the alleged harasser, and other

witnesses interviewed in connection with an investigation under this Directive, as well as the 

information they provide during the investigation, are kept confidential to the extent possible.

However, confidentiality cannot be guaranteed in light of the Agency’s obligations to conduct

a thorough and comprehensive investigation and maintain a harassment-free workplace.

An individual who reports harassment under this Directive may still pursue statutory,

administrative, or collective bargaining remedies regarding an alleged act of harassment

(e.g., EEO complaint). Such other remedial processes use different procedures, have 

different rules, requirements, and timeframes, and may provide different remedies than are

available under this Directive. Reporting harassment under this Directive does not satisfy

the requirements or delay the time limits or deadlines applicable for initiating or pursuing 

redress through other processes.

Within five business days of the conclusion of an investigation, the Fact Finder notifies the 

person reporting the harassment and the alleged harasser that the investigation has been 

completed. Such notifications are retained in the official investigative file. Consistent with 

the Privacy Act, information about decisions to take or not take disciplinary action generally 

are not disclosed. 

3. Preventive/Corrective Action

The Fact Finder provides the investigative findings to the appropriate management

official. In most cases, this will be the alleged harasser’s immediate supervisor.

However, the matter may be referred to a manager outside of the alleged harasser’s

chain of command. FDIC management, in consultation with LERS and LEAS,

determines what, if any, action to take as a result of the findings. If harassment has
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occurred, the FDIC takes immediate, appropriate action. The FDIC takes action no later 

than 60 calendar days of receiving notice of a report of harassment, as appropriate. 
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Responsibilities

A. Managers/Supervisors: 

1. Do not engage in harassment or retaliatory conduct;

2. Immediately report allegations of harassment to the AHPC;

3. Participate and cooperate in the investigation process;

4. Take immediate action to stop/correct any harassment or retaliatory conduct;

5. Attend mandatory anti-harassment training;

6. Fully cooperate in an inquiry or fact-finding concerning an allegation of harassment; and

7. Comply with all applicable guidance and procedures referenced in this Directive. 

B. Employees: 

1. Do not engage in harassment;

2. Immediately report allegations of harassment to a management official, the AHPC, or a 

LERS Human Resources (HR) Specialist; and

3. Fully cooperate in an inquiry or fact-finding concerning an allegation of harassment. 

C. AHPC: 

1. Oversees the FDIC’s Anti-Harassment Program;

2. Serves as a subject matter expert about issues related to this Directive; 

3. Provides mandatory training for all managers and supervisors on how to identify and 

respond to incidents of harassment in the workplace;

4. Provides training for all employees about the anti-harassment policy and reporting

procedures; 

5. Coordinates program implementation with LERS, LEAS, and other Divisions/Offices, as 

appropriate;
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6. Advises and provides technical assistance to managers and supervisors in preventing

and addressing allegations of harassment;

7. Monitors program effectiveness by maintaining a system to track allegations and actions

taken;

8. Recommends program changes for enhancement;

9. Works with other FDIC program officials to effectively prevent and eliminate harassment

in the workplace through a continuing education program;

10. Develops preventive strategies based on any identified trends, and maintains relevant

documents collected in the fact finding inquiry in accordance with FDIC Directive

1210.01, Records and Information Management Program;

11. Receives, gathers, and provides data required for reporting on allegations of harassment

to the EEOC, other oversight agencies, or Congress; and

12. Ensures the Anti-Harassment Program policies and procedures are posted on the FDIC

internal website and publicized throughout FDIC, including providing the policy and

procedures to employees.

D. LERS:

1. In collaboration with LEAS, serves as Fact Finder to conduct investigations of allegations

of harassment, where appropriate;

2. In collaboration with LEAS, provides advice and guidance to management on

appropriate preventive or corrective action(s) to take in connection with allegations of

harassment;

3. In collaboration with LEAS, notifies the AHPC when an investigation has been concluded

within five business days after its completion, provides the AHPC with a summary of the

findings, and identifies what, if any, corrective action was taken; and

4. Notifies the individual reporting the harassment and the alleged harasser when an

investigation has been concluded within five business days after its completion.

E. LEAS:

1. In collaboration with LERS, serves as Fact Finder to conduct investigations of

allegations of harassment, where appropriate;
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2. In collaboration with LERS, provides advice and guidance to management on 

appropriate preventive or corrective action(s) to take in connection with allegations of 

harassment; and

3. In collaboration with LERS, notifies the AHPC when the investigation of an allegation of 

harassment is completed, a summary of the findings, and what, if any, corrective action 

was taken in connection with EEO conflict cases.

F. Contracting Officers:

Consult with the AHPC, LERS, and LEAS upon receiving an allegation of harassment from a 

contractor.
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Appendix - Authorities

 Equal Employment Opportunity Commission (EEOC) Management Directive (MD) 715

 Section 717, of Title VII of the Civil Rights Act of 1964, as amended, 42 United States 

Code (U.S.C.) § 2000e-16

 Section 501, of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791

 The Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621-634

 Genetic Information Nondiscrimination Act of 2008

 The Federal Labor-Management Relations Statute; 5 U.S.C. §§ 7101-7135

 Uniformed Services Employment and Reemployment Act of 1994; 38 U.S.C. §§ 4301-

4335

 Executive Order (E.O.) 11478, Equal Employment Opportunity in the Federal 

Government

 E.O. 13087, Further Amendment to Executive Order 11478, Equal Employment 

Opportunity in the Federal Government

 E.O. 13145, To Prohibit Discrimination in Federal Employment Based on Genetic 

Information

 E.O. 13152, Further Amendment to Executive Order 11478, Equal Employment 

Opportunity in Federal Government

 E.O. 13672, Prohibiting Discrimination Based on Sexual Orientation and Gender Identity 

by Contractors and Subcontractors 
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Appendix - Contact Information

Employees can contact the AHPC at Anti-Harassment@fdic.gov.
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Glossary of Terms 

Term Definition

Anti-Harassment Program 

Coordinator (AHPC)

The designated employee responsible for overseeing 

the implementation of the Anti-Harassment Program. 

Conduct Prohibited by this Directive

(“Harassment”)

Verbal or non-verbal conduct which is unwelcome to 

the individual and objectively offensive. For workplace 

harassment to be illegal, it must be either severe or 

pervasive, and based on a characteristic protected by 

a law enforced by the EEOC (e.g., Title VII of the Civil 

Rights Act). However, conduct need not rise to the 

level of illegal harassment to be prohibited by this 

Directive. For purposes of this Directive, this conduct 

will be referred to as “harassment.” 

The following are some examples of harassment 

prohibited by this Directive:

 Offensive jokes, comments, objects, or pictures. 

 Unwelcome questions about a person’s identity 

(e.g., disability status, gender identity, sexual 

orientation, national origin, religion). 

 Undue and unwelcome attention. 

 Ridicule or mockery. 

 Displaying offensive objects or pictures. 

 Insults or put-downs. 

 Unwelcome touching or contact. 

 Unwelcome sexual advances.

 Requests for sexual favors. 

 Other verbal or physical harassment of a sexual 

nature. 

 Slurs, epithets, or name-calling. 
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Term Definition

 Threats or other forms of intimidation.

 Physical or sexual assault. 

 Engaging in bullying, intimidating, or threatening 

behavior. 

Fact Finder

An individual assigned to conduct a prompt, 

independent, thorough, and impartial investigation into 

alleged harassment. The Fact Finder generally will be 

a Human Resources Specialist in LERS, but a Fact 

Finder may also be another appropriate official 

depending on the circumstances, e.g., conflict of 

interest situations.
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Glossary of Acronyms

Acronym Definition

AHPC Anti-Harassment Program Coordinator

EEOC Equal Employment Opportunity Commission

LEAS Labor, Employment and Administration Section (Legal 

Division)

LERS Labor and Employee Relations Section (Division of 

Administration)

OIG Office of Inspector General

OMWI Office of Minority and Women Inclusion
APPENDIX C-3

CIRCULAR 2400.2 – Whistleblower Protection Rights
FDIC DIRECTIVE 2400.2

Arleas Upton Kea

Deputy to the Chairman and Chief Operating Officer

See approval(s) on Action Log

Whistleblower Protection Rights

PURPOSE

To inform employees of their rights and remedies under federal whistleblower protection 

laws.

SCOPE

This Directive applies to all current and former FDIC employees and applicants for 

employment at the FDIC. 

AUTHORITIES

 Civil Service Reform Act, Pub. L. No. 95-454, 92 Stat. 1111;

 Depository Institution Employee Protection Remedy (12 U.S.C. 1831j);

 Inspector General Act, as amended (5 U.S.C. Appendix 3, §§ 3(d), 7); and

 The Whistleblower Protection Act and the Whistleblower Protection Enhancement Act (5

U.S.C. 2302(b)(8)-(9)).

FORM(S)

None

REVISION(S) 

This Directive supersedes FDIC Circular 2400.1, Whistleblower Protection Rights, dated 

June 6, 2001.
Directive 2400.2 2 

Action Log

Submission Type

(New, Pedestrian Change, 

Revision)

Date Approved through Directives Management Center

Revision 07/16/2019 Arleas Upton Kea

Summary of Changes (if applicable)

This Directive has been updated to conform to the standard template and reflect 

updates by federal law. 
Directive 2400.2 3 

Table of Contents

Action Log.................................................................................................................................. 2

Summary of Changes (if applicable) .......................................................................................... 2

Table of Contents....................................................................................................................... 3

Background................................................................................................................................ 4

Policy ......................................................................................................................................... 5

A. Whistleblower Protection Act and Whistleblower Protection Enhancement Act (5

U.S.C. §§ 2302(b)(8)-(9))................................................................................................ 5

B. Depository Institution Employee Protection Remedy (12 U.S.C. § 1831j) ................. 5

C. Inspector General Act, as amended (5 U.S.C. Appendix 3, §§ 3, 7).......................... 6

Responsibilities .......................................................................................................................... 7

A. LERS Assistant Director ........................................................................................... 7

B. Whistleblower Protection Coordinator....................................................................... 7

C. Employees/Applicants .............................................................................................. 7

Appendix – Additional Information.............................................................................................. 9

Glossary of Terms.....................................................................................................................10

Glossary of Acronyms...............................................................................................................11
Directive 2400.2 4 

Background 

The Whistleblower Protection Act and the Whistleblower Protection Enhancement Act (5 U.S.C. 

§§ 2302(b)(8)-(9)) protect federal employees and applicants for employment from retaliatory

action or reprisal for whistleblowing and for engaging in certain protected activities.

The Depository Institution Employee Protection Remedy (12 U.S.C. § 1831j) addresses reprisal 

for whistleblowing activities and is subject to the procedures of the Civil Service Reform Act, 

Pub. L. No. 95-454, 92 Stat. 1111. 

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

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

(IG) and requires each federal agency to designate a Whistleblower Protection Coordinator, 

located in the agency’s Office of Inspector General (OIG). 
Directive 2400.2 5 

Policy

A. Whistleblower Protection Act and Whistleblower Protection Enhancement Act (5 U.S.C.

§§ 2302(b)(8)-(9))

1. Whistleblower Protection Act

Under the Whistleblower Protection Act, a federal official or employee with authority to

take, direct others to take, recommend, or approve any personnel action must not use

that authority to take or fail to take, or threaten to take or 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.

Disclosures prohibited by law or required to be kept secret under Executive Order may

lawfully be made to Congress, the Office of Special Counsel (OSC), the FDIC IG, or a

person designated by the Agency Head to receive such a disclosure. The designee for

the FDIC is the Division of Administration (DOA)/Labor and Employee Relations Section

(LERS) Assistant Director.

2. Whistleblower Protection Enhancement Act

Under the Whistleblower Protection Enhancement Act, a federal official or employee with

authority to take, direct others to take, recommend, or approve any personnel action

must not use that authority to take or fail to take, or threaten to take or fail to take, a

personnel action against an employee or applicant because that employee or applicant

filed a complaint, grievance, or appeal alleging retaliation for whistleblowing; for

testifying or lawfully assisting any individual with a complaint, appeal, or grievance right;

for cooperating with or disclosing information to the IG or the OSC in accordance with

the law; or for refusing to obey an order that would require the individual to violate law,

rule, or regulation.

B. Depository Institution Employee Protection Remedy (12 U.S.C. § 1831j)

Subject to the Civil Service Reform Act, 12 U.S.C. § 1831j states an employee of a federal

banking agency (including the FDIC) 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, Federal Home Loan Bank, Federal Reserve Bank, or to the

Attorney General regarding any possible violation of law or regulation, gross
Directive 2400.2 6 

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

danger to public health or safety by a depository institution or any federal agency or Federal 

Home Loan Bank, Federal Reserve Bank, any director, officer, or employee of any 

depository institution or any Federal Home Loan Bank or Federal Reserve Bank, or any 

officer or employee of the FDIC.

C. Inspector General Act, as amended (5 U.S.C. Appendix 3, §§ 3, 7)

Under the Inspector General Act, any employee who has authority to take, direct others to

take, recommend, or approve any personnel action, shall not, with respect to such authority,

take or threaten to take any action against any employee as a reprisal for making a

complaint or disclosing information to an IG, unless the complaint was made or the

information was disclosed with the knowledge it was false or with willful disregard for its truth

or falsity.
Directive 2400.2 7 

Responsibilities

A. LERS Assistant Director

The LERS Assistant Director is designated as the FDIC official to receive disclosures

otherwise prohibited by law or required to be kept secret under Executive Order.

B. Whistleblower Protection Coordinator

The Whistleblower Protection Coordinator is designated by the IG to perform the following

functions:

1. Educates employees about prohibitions on retaliation for protected disclosures;

2. Educates employees who have made or are contemplating making a protected

disclosure about the rights and remedies against retaliation for protected disclosures;

3. Informs employees about the means by which they may seek review of any allegation of

reprisal for whistleblowing, as well as general information about the timeliness of such

cases, the availability of any alternative dispute mechanisms, and avenues for potential

relief;

4. Assists the IG in promoting the timely and appropriate handling and consideration of

protected disclosures and allegations of reprisal, to the extent practicable, by the IG; and

5. Does not act as a legal representative, agent, or advocate of the employee or former

employee.

C. Employees/Applicants

It is the responsibility of each employee of the FDIC to be familiar with the content of this

Directive and to understand his/her Whistleblower Protection Rights, and encourage an

environment that allows protected disclosures to be made and received without retaliation or

the threat of retaliation.

An individual who believes he or she was subjected to a covered personnel action in

retaliation for whistleblowing or other protected activity may elect one of three remedies

listed below:
Directive 2400.2 8 

1. An appeal to the Merit Systems Protection Board (MSPB) if the covered personnel

action is appealable to the Board;

2. A negotiated grievance if the individual is in the bargaining unit; or

3. A complaint filed with the OSC for investigation, if the covered personnel action is not

appealable to the Board. An employee may file an individual appeal with the MSPB after

the OSC completes the investigation.

An individual’s election is made when an individual files one of the three actions listed 

above.
Directive 2400.2 9 

Appendix – Additional Information

Questions regarding Whistleblower Protection Rights or filing procedures should be directed to

the:

1. Whistleblower Protection Coordinator in the OIG, at OIG Hotline

attn.: Whistleblower Protection Coordinator

1-800-964-FDIC

ighotline@fdicoig.gov;

2. Applicable Headquarters or Regional Labor and Employee Relations representative

(DOA Home > Human Resources > Labor & Employee Relations > Contacts); or

3. FDICnet at DOA Home > Human Resources > Whistleblowers.

Individuals also may contact the OSC at (800) 872-9855 or visit https://osc.gov for information 

regarding whistleblower disclosures and/or procedures for filing a complaint with the OSC.
Directive 2400.2 10

Glossary of Terms

Term Definition

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. 

Whistleblowing

When a Federal employee or applicant for employment

discloses information which the individual reasonably 

believes evidences: 

 A violation of law, rule, or regulation;

 Gross mismanagement;

 A gross waste of funds;

 An abuse of authority; or

 A substantial and specific danger to public

health or safety.
Directive 2400.2 11

Glossary of Acronyms

Acronym Definition

DOA Division of Administration

IG Inspector General

LERS Labor and Employee Relations Section

MSPB Merit Systems Protection Board

OIG Office of Inspector General

OSC Office of Special Counsel
APPENDIX C-4

CIRCULAR 2750.1 – Disciplinary and Adverse Actions
FEDERAL DEPOSIT INSURANCE CORPORATION

DIRECTIVE SYSTEM

TYPE AND NUMBER

Circular 2750.1

CONTACT TELEPHONE NUMBER

Mary Laverty (703) 562-2171

DATE

January 22, 1999

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.

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.
2

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 non-preference 

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.
3

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).

8. Procedures
4

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.

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

is proposed by the management official with delegated authority, as a 
5

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 
6

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.

(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
7

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.

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 
8

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.
9

l. The adequacy and effectiveness of alternative sanctions to deter 

such conduct in the future by the employee or others.

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.

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. 
10

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.