No FEAR Act

ANNUAL REPORT TO CONGRESS

Federal Deposit Insurance Corporation 

FISCAL YEAR 2018

Table of Contents

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

Purpose of Report...............................................................................................................2

No Fear Act Legal Coverage ...........................................................................................3

No Fear Act Data Analysis...............................................................................................4

EEO Complaint Activity in Federal Court and Disposition............................................4

Judgment Fund Reimbursements and Budget Adjustment .........................................4

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

Discipline Policy..................................................................................................................5

Trends of Administrative EEO Complaint Activity .........................................................5

Causal Analysis ...................................................................................................................6

Practical Knowledge Gained through Experience..........................................................7

Actions Planned/Taken to Improve FDIC EEO Complaint Program..............................8

Actions Taken During FY 2018...........................................................................................8

Planned Actions to Improve the FDIC EEO Complaint Program...................................8

FDIC No FEAR Act Training Plan .......................................................................................9

Appendix A FDIC CHAIRMAN EEO POLICY STATEMENT.................................11

Appendix B FDIC SUMMARY COMPLAINT DATA................................................13

B-1 Federal Court Data .....................................................................................................14

B-2 EEO Data Posted Pursuant to the No FEAR Act.....................................................16

Appendix C FDIC POLICIES RELATING TO ANTI-DISCRIMINATION............25

C-1 Circular 2710.1 – Equal Opportunity Policy .............................................................26

C-2 Circular 2710.3 – Anti-Harassment Program...........................................................34

C-3 Circular 2400.2 – Whistleblower Protection Rights.............................................. 44

C-4 Circular 2750.1 – Disciplinary and Adverse Actions...............................................48

No FEAR Act Annual Report to Congress Fiscal Year 2017 i
ii No FEAR Act Annual Report to Congress Fiscal Year 2018
Introduction

The Federal Deposit Insurance Corporation (FDIC or Agency) was established by Congress 

in 1933 to maintain stability and public confidence in the nation’s financial system 

by: insuring deposits; examining and supervising financial institutions for safety and 

soundness and consumer protection; making large and complex financial institutions 

resolvable; and managing receiverships. The FDIC is a recognized leader in promoting 

sound public policies, addressing risks in the nation’s financial system, and carrying out 

its insurance, supervisory, consumer protection, resolution planning, and receivership 

management responsibilities. The FDIC and its employees have a tradition of distinguished 

public service, with six core values guiding the agency in accomplishing its mission: 

Integrity, Competence, Teamwork, Effectiveness, Accountability, and Fairness.

The FDIC is hereby pleased to present its “Annual Notification and Federal Employee 

Antidiscrimination and Retaliation Act (No FEAR Act) Report to Congress for Fiscal 

Year 2018,” in accordance with Title II, Section 203 of the No FEAR Act, Public Law 107-

174. This annual report summarizes the FDIC’s activities to ensure accountability for 

antidiscrimination and whistleblower laws related to employment. 

The Director of the FDIC’s Office of Minority and Women Inclusion (OMWI) has been 

delegated overall responsibility for diversity and inclusion, civil rights, and minority 

and women outreach programs. OMWI provides agency guidance and standards for 

establishing and maintaining effective programs. To meet these objectives, OMWI assists 

the FDIC’s leadership in shaping policies to protect the civil liberties of all employees by: 

developing policies; generating reports; conducting annual multi-year studies; delivering 

training and briefings; conducting oversight; processing Equal Employment Opportunity 

(EEO) Complaints; integrating civil rights, diversity, and inclusion into the FDIC’s initiatives 

and activities; and submitting annual reports to internal and external customers, 

constituents, and stakeholders.

This No FEAR Act Annual Report covers Fiscal Year (FY) 2018, from October 1, 2017 to 

September 30, 2018. During FY 2018, the FDIC employed 6,031 (5,601 permanent and 430 

temporary) employees. There were 33 formal EEO complaints filed in FY 2018. Reprisal, 

race, disability and age were the most filed bases in FY 2018. The most prevalent issues 

during this reporting period were harassment (non-sexual), performance evaluation, 

promotion, and discipline. 

The FDIC allows for harassment claims to be raised through its Anti-Harassment Program. 

These claims are reviewed and resolved in an accelerated process by OMWI, the Labor and 

Employee Relations Section (LERS) of the Division of Administration, and the Legal Division. 

In FY 2018, there were 14 complaints involving allegations of harassment raised through 

the Anti-Harassment Program. Of the 14 complaints, three inquiries resulted in additional 

training and counseling, and one employee was suspended.

The FDIC seeks to maintain an exemplary EEO program with the goal of providing for 

all employees, as well as applicants seeking employment with our agency, equal 

employment opportunity and a workplace free from discrimination.

No FEAR Act Annual Report to Congress Fiscal Year 2018 1
Purpose of Report

The No FEAR Act is intended to hold federal agencies accountable for violations of 

antidiscrimination and whistleblower protection laws. Section 203 of the No FEAR Act 

requires that, no later than 180 days after the end of each fiscal year, the FDIC submit 

an annual report to the Speaker of the House of Representatives, the President pro 

tempore of the Senate, the Committee on Governmental Affairs of the Senate, the 

Committee on Government Reform of the House of Representatives, each committee of 

Congress with jurisdiction relating to the agency, the EEOC, and the Attorney General 

of the United States. Regulations from the U.S. Office of Personnel Management (OPM) 

implementing the No FEAR Act, 5 CFR, Part 724, Subpart C, also require the submission 

of this annual report to the Director of OPM.

The Annual No FEAR Act Report must provide the following information:

§ The number, status, and disposition of Federal court cases, pending or resolved, 

arising under the laws covered by the No FEAR Act; 

§ Judgment Fund reimbursements and adjustments to the FDIC budget to meet 

reimbursement requirements;

§ The number and type of disciplinary actions related to discrimination, retaliation, 

or harassment and the FDIC’s policy relating to appropriate disciplinary action;

§ Final year-end summary data related to the FDIC’s EEO complaint activity for the 

fiscal year;

§ An analysis of trends, causation, and practical knowledge gained through 

experience;

§ Actions planned or taken to improve the FDIC’s discrimination complaint program; 

and

§ The agency’s No FEAR Act training plan.

2 No FEAR Act Annual Report to Congress Fiscal Year 2018
No Fear Act Legal Coverage

OMWI is responsible for administering and ensuring agency compliance with Federal 

EEO laws, regulations, policies, and guidance that prohibit discrimination in the federal 

workplace. OMWI is also responsible for preparing the FDIC’s annual No FEAR Act 

report. The FDIC’s Office of Inspector General (OIG), the Division of Administration 

(DOA), and the Legal Division assist with the No FEAR Act for FDIC employees. 

The laws covered in the No FEAR Act include:

§ Title VII of the Civil Rights Act of 1964, as amended, as it applies to federal 

agencies, 42 U.S.C. § 2000e-16 (race, color, religion, sex, national origin, and 

reprisal)

§ The Age Discrimination in Employment Act of 1967, as amended, as it applies to 

federal government employment, 29 U.S.C. § 633a (age (40 and over) and reprisal)

§ The Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d) (sex-based wage 

differentials and reprisal)

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

(physical and mental disabilities and reprisal)

§ The Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff et 

seq. (genetic information about an individual or individual’s family members and 

reprisal)

§ The Civil Service Reform Act of 1978, 5 U.S.C. § 2302 (prohibited personnel 

practices in connection with whistleblowing)

No FEAR Act Annual Report to Congress Fiscal Year 2018 3
No Fear Act Data Analysis

EEO Complaint Activity in Federal Court and Disposition

There were no new Federal District Court cases filed in FY 2018. In 2015-2016, there 

had been an increase in the number of new cases filed against the Agency in various 

Federal District Courts, but as the number of federal cases increased, so did the 

number of final judgments in favor of the Agency.  The number of new cases filed in 

Federal District Court decreased substantially in FY 2017.  Detailed court case data for 

FY 2018 can be found in Appendix B1. 

Judgment Fund Reimbursements and Budget Adjustment

The Judgement Fund was established to pay court judgments and Justice Department 

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

indefinite appropriation and is administered by the Judgment Fund Branch, which is 

part of the U.S. Department of the Treasury. The No FEAR Act requires federal agencies 

to reimburse the Judgment Fund for personnel discrimination payments made in 

accordance with 28 U.S.C. §§ 2414, 2317, 2672, or 2677. 

The FDIC is an independent agency and with the exception of the FDIC’s OIG, is not 

appropriated by Congress. There were no judgments against the FDIC, including the 

OIG, from cases pending or resolved in federal district court in FY 2018. Therefore, no 

budget adjustments were necessary.

Number of Employees Disciplined 

For Federal court cases involving allegations of a violation of Federal 

Antidiscrimination or Whistleblower Protection laws, 5 C.F.R. 724.302(a)(3) requires 

the agency to report the number of employees disciplined. 5 C.F.R. 724.102 defines 

discipline as any one or a combination of the following actions: reprimand, suspension 

without pay, reduction in grade or pay, or removal. 5 C.F.R. 724.302(a)(5) also 

provides that whether or not in connection with discrimination cases in Federal court, 

federal agencies are to report the total number of employees disciplined and the 

specific nature of the disciplinary action taken in accordance with agency policy that 

prescribes disciplinary action for discrimination, retaliation, or harassment conduct, 

and whistleblower protection law violations.

During the reporting period, there were no findings of discrimination issued by a Final 

Agency Decision, the EEOC, the Merit Systems Protection Board, the Office of Special 

Counsel, or a Federal court.

As stated before, the FDIC also allows for harassment claims to be raised through 

its Anti-Harassment Program. In FY 2018, there were 14 complaints involving 

allegations of harassment raised through the Anti-Harassment Program, and one 

employee was suspended.

4 No FEAR Act Annual Report to Congress Fiscal Year 2018
Discipline Policy

Section 203(a)(4) of the No FEAR Act requires that Federal agencies include in the 

Annual Report to Congress a detailed description of the policy implemented by the 

Agency relating to disciplinary actions imposed against a Federal employee who 

discriminates against any individual in violation of any of the laws cited under section 

201(a)(1) or (2), or who committed another prohibited personnel practice that was 

revealed in the investigation of a complaint claiming a violation of any of the laws cited 

under section 201(a)(1) or (2).

To help proactively prevent discrimination and inform employees of the consequences 

for committing acts of discrimination, the FDIC has promulgated and enforces clear 

and concise EEO and antidiscrimination policies and procedures. These policies detail 

employee rights and responsibilities under EEO laws. Managers and supervisors 

share the responsibility for successful implementation of these policies. The OMWI 

Director, along with LERS and the Legal Division, regularly reviews these policies and 

procedures to ensure that they are up-to-date, legally sufficient, well communicated, 

applied consistently, and implemented fairly.

The FDIC has in place an Equal Opportunity Policy which is accessible on the Agency’s 

intranet. Further, OMWI distributes information regarding diversity and inclusion and 

the Agency’s EEO Program to all new employees during the New Employee Orientation 

training. The EEO policy clearly explains the EEO process, including how to begin the 

process, pertinent regulatory timeframes, and the roles and responsibilities of various 

offices. This policy also makes clear that discrimination, harassment, and retaliation 

will not be tolerated at the FDIC. The EEO poster contains the EEO complaint process 

and EEO Counselor contact information and is posted on employee bulletin boards 

throughout the Agency’s headquarters, regional, and field offices.

The FDIC’s Anti-Harassment Program policy and procedures clearly define harassment 

and inappropriate conduct, and make clear that all forms of harassment and/or 

inappropriate conduct, and retaliation will not be tolerated at the FDIC. 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. 

Trends of Administrative EEO Complaint Activity

This report primarily focuses on FY 2018, but also includes the five-year reporting 

period between FY 2013 and FY 2018. Detailed administrative EEO complaint data 

can be found at Appendix B2. There were 33 formal EEO complaints filed in FY 2018, 

compared to 30 filed in FY 2017. Although there was a slight increase in the total 

number of filings in FY 2018, overall the complaint activity fluctuated throughout the 

past five fiscal years, and as of FY 2018, the data shows a 31 percent decline from FY 

2013 when 48 EEO formal complaints were filed. There were a total of eight complaints 

withdrawn in FY 2018 compared to no withdrawals in FY 2017.

No FEAR Act Annual Report to Congress Fiscal Year 2018 5
48 47

33

40

30 33

0

10

20

30

40

50

60

2013 2014 2015 2016 2017 2018

Administrative Complaints Filed FYs 2013-2018

Figure 1

48 47

33

40

30 33

48 47

33

40

30 33

48 47

33

40

30 33

Reprisal, race, disability, and age were the most filed bases in FY 2018. The most 

frequently filed bases in FY 2017 were race, sex, reprisal, and disability. All bases reflect 

a decrease in FY 2018, with the exception of reprisal and age. The most prevalent 

issues this reporting period were non-sexual harassment, performance evaluation, 

promotion, and discipline. In FY 2017, the most frequently filed issues were harassment, 

performance evaluation, time and attendance, and terms/conditions of employment. 

Although harassment was the top issue filed in FY 2018, the data reflect a 20 percent 

decline in complaints of harassment since FY 2013. To ensure as inclusive a workplace 

as possible, the FDIC’s Anti-Harassment Program is purposefully broad. It identifies 

multiple avenues of redress for claims of harassment, and does not limit employees to 

the EEO process. 

Causal Analysis

In FY 2018, there was an increase in the number of formal EEO complaints filed (33) at 

the FDIC compared to FY 2017 (30). Historically, the FDIC has not experienced a large 

number of complaints. Even with this increase in the number of complaints in FY 2018, 

the filings comprise only one half of one percent of the total civilian FDIC workforce 

(6,035). However, any increase is worth noting, and the FDIC will continue to monitor 

for patterns and trends in the filings as well as to explore creative and effective ways to 

mutually resolve complaints at the lowest possible level.

In FY 2018, there were 12 complaints alleging improper disciplinary action, compared 

to 5 complaints filed in FY 2017. There was a slight increase in FY 2018 complaints 

alleging: promotion/non-selection (10 in FY 2018 compared to 7 in FY 2017); and 

performance evaluation (12 in FY 2018 compared to 10 in 2017). In reviewing the 

available data, there is no easily discernible reason for these increases. 

6 No FEAR Act Annual Report to Congress Fiscal Year 2018
Practical Knowledge Gained through Experience

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

and the public, the FDIC also endeavors to meet the needs of its valued employees. 

The FDIC’s commitment to its talented and diverse employees enabled the Agency to 

maintain a ranking in the Top Five Agencies “Best Places to Work” report for the sixth 

consecutive year. OMWI briefed senior leadership on the state of the EEO program to 

reaffirm support for the program; provide awareness of issues and trends; and solicit 

input to strengthen the Agency’s EEO Program. 

The FDIC recognizes the critical role training plays in raising awareness of EEO laws, 

regulations, and procedures. During the reporting period, the FDIC provided EEO 

training opportunities for managers and employees. Managers and supervisors 

received EEO and Diversity training focusing on reasonable accommodation, 

unconscious bias, harassment, and Alternative Dispute Resolution (ADR). 

The FDIC will continue to review and modify procedures in accordance with EEOC 

regulations, monitor complaint activity, and promote the benefits of ADR as a viable 

and cost saving alternative to traditional EEO discrimination complaint processing. 

The FDIC continued to see an increase in workforce representation of individuals with 

disabilities and targeted disabilities. The FDIC is just marginally below the 12 percent 

federal goal for individuals with disabilities and above the 2 percent goal for individuals 

with targeted disabilities. In FY 2018, the percentage of individuals with disabilities 

stood at 11.57 percent, compared to 9.01 percent in FY 2017, and the percentage of 

individuals with targeted disabilities stood at 2.25 percent, compared to 2.15 percent 

in FY 2017. This increase is mostly attributable to semiannual resurveying of the 

FDIC workforce to encourage employees to identify their disability, as well as the 

inclusion of disabled veterans with 30 percent or more compensable disability who 

did not complete a Standard Form (SF) 256. Disabled veterans with 30 percent or more 

compensable disability were included in accordance with EEOC’s amendment to 29 CFR 

1614.203(a)(3) clarifying Section 501 of the Rehabilitation Act of 1973.

During FY 2018, OMWI continued to focus on collecting and analyzing various 

workforce data to comply with the EEOC’s guidelines for a model EEO program, 

particularly by incorporating mechanisms for identifying triggers, analyzing barriers, 

and developing action plans to eliminate barriers. The Agency is in Phase I of the 

barrier analysis where it is evaluating groups that show low participation rates in the 

workforce, focusing on promotions, separations, and developmental opportunities. 

No FEAR Act Annual Report to Congress Fiscal Year 2018 7
Actions Planned/Taken to Improve FDIC EEO Complaint 

Program

The FDIC will continue to provide information and training to increase awareness of 

how EEO issues arise in the workplace with the hope that greater understanding and 

increased communication will lead to fewer complaints. OMWI will leverage internal 

communication channels to make EEO-related information available through the use of 

various media, including electronic media, informational brochures, and individual and 

group training.

OMWI will continue to facilitate the FDIC’s effort to strengthen diversity by developing 

effective partnerships with the Employee Resource Groups (ERGs) and maintaining a 

progressive affirmative employment program. Currently, there are nine ERGs that are 

recognized networks of FDIC employees with similar interests or experiences. The ERGs 

help provide employees with a supportive work environment that encourages networking 

and collaborating on career management and personal development issues. 

Actions Taken During FY 2018

§ Finalized OMWI’s internal EEO Alternative Dispute Resolution policy.

§ Distributed updated EEO poster to all FDIC locations, including field offices. 

Posted updated EEO poster on internal and external web pages.

§ Provided EEO and Diversity training to managers and supervisors.

§ Offered “Diversity 101” online web-based training to all employees.

§ Finalized the procedures to ensure the mitigation of risk associated with the 

handling of sensitive information.

§ Updated OMWI’s external web page to improve layout and flow of information 

provided.

Planned Actions to Improve the FDIC EEO Complaint Program

§ Administer the No FEAR Act computer-based training to all employees.

§ Finalize the revised Reasonable Accommodation Directive and post on Agency’s 

intranet.

§ Conduct training for all employees to increase awareness of how to prevent sexual 

harassment in the workplace.

§ Revise the Anti-Harassment Program policy and procedures.

8 No FEAR Act Annual Report to Congress Fiscal Year 2018
FDIC No FEAR Act Training Plan

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

for all employees. A global message is issued to all employees announcing the training 

cycle. The training cycle for this reporting period is 2018-2019. Annually, the FDIC issues 

its No FEAR Act Notice to all employees to inform them of the available rights and 

protections under Federal antidiscrimination and whistleblower protection laws.

The FDIC No FEAR Act training was revised in 2018 to clarify recent changes to the 

EEOC case law and whistleblower regulations. OMWI examined trends and incorporated 

information in the revised biennial No FEAR Act training course on issues relating to 

sexual harassment, retaliation, and reasonable accommodation. In FY 2019, the FDIC 

will administer the No FEAR Act training to all employees, including managers and 

supervisors. The FDIC will track the number of employees completing the training and 

issue notifications to those who have not completed it within the mandatory training 

cycle. New FDIC employees are advised during the New Employee Orientation Program 

of the requirement to complete the No FEAR Act training within 90 days of hire.

No FEAR Act Annual Report to Congress Fiscal Year 2018 9
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10 No FEAR Act Annual Report to Congress Fiscal Year 2018
No FEAR Act Annual Report to Congress Fiscal Year 2017 11

APPENDIX A

FDIC CHAIRMAN EEO 

POLICY STATEMENT
12 Appendix A FDIC ANNUAL EEO POLICY STATEMENT
APPENDIX B

FDIC SUMMARY 

COMPLAINT DATA
14 Appendix B: FDIC SUMMARY COMPLAINT DATA

B-1

Federal Court Data

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

FEDERAL CASES PENDING in FY 2018

Cases pending at any time during the year, including

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

Pending District Court Cases 3

Pending Appellate Court Cases 2

New Cases Filed in District Court 0

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)

1. Pending Cases

Disposed of during FY018 0 0 0 0 1 0 2 0 0

Still pending at end of FY2018 0 0 0 0 0 0 1 0 0

2. Disposition of Cases (including dismissals)

Settlements 0 0 0 0 0 0 1 0 0

Withdrawals 0 0 0 0 1 0 0 0 0

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

Final Judgment for Agency 0 0 0 0 1 0 1 0 0

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

Remand of appellate cases to District Court 0 0 0 0 0 0 0 0 0

Reimbursement to Judgment Fund For Attorney’s 

Fees (where separately designated) 0 0 0 0 0 0 0 0 0

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

Reprimand 0 0 0 0 0 0 0 0 0

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

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

Removal 0 0 0 0 0 0 0 0 0

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

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

Reprimand 0

Suspension without pay 0

Reduction in grade or pay 0

Removal 0

No FEAR Act Annual Report to Congress Fiscal Year 2018 15
APPENDIX B-2 

EEO Data Posted Pursuant to the No FEAR Act

16 Appendix B: FDIC SUMMARY COMPLAINT DATA
Appendix B-2: Summary of Complaint Data Equal Employment 

Opportunity Data Posted Pursuant to the No FEAR Act EEO Data

Data as of 09-30-2018

Complaint Activity 2013 2014 2015 2016 2017 FY2018

YTD

Number of Complaints Filed 48 47 33 40 30 33

Number of Complainants 43 40 29 34 28 30

Repeat Filers 2 6 4 4 2 3

Complaints by Basis

Note: Complaints can be filed alleging multiple bases. 

The sum of the bases may not equal total complaints filed. 2013 2014 2015 2016 2017 FY2018

YTD

Race 22 25 17 23 17 14

Color 12 8 6 11 3 2

Religion 1 1 1 3 0 0

Reprisal 35 29 18 18 14 21

Sex 20 27 15 20 17 12

PDA 0 0 0 1 1 0

National Origin 8 6 7 9 3 2

Equal Pay Act 0 1 0 0 3 0

Age 20 17 12 24 10 12

Disability 17 18 10 10 12 15

Genetic Information 0 1 1 0 0 0

Non-EEO 3 9 5 4 3 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. 2013 2014 2015 2016 2017 FY2018

YTD

Appointment/Hire 2 7 4 8 3 3

Assignment of Duties 15 14 6 6 5 4

Awards 4 3 2 1 0 2

Conversion to Full-time 0 0 0 0 0 0

Disciplinary Action

      Demotion 1 0 0 0 0 2

      Warning 0 0 0 0 4 7

      Reprimand 4 1 0 0 1 1

      Removal 4 5 0 0 0 1

No FEAR Act Annual Report to Congress Fiscal Year 2018 17
      Suspension 0 1 3 0 1 1

      Other 9 4 4 8 2 0

Duty Hours 2 0 0 0 0 0

Evaluation Appraisal 21 16 9 8 10 12

Examination Test 2 1 1 1 0 0

Harassment

      Non-Sexual 29 14 8 13 15 12

      Sexual 2 3 0 0 1 3

Medical Examination 2 0 0 0 0 0

Pay (Including Overtime) 5 4 3 2 3 0

Promotion Non-Selection 19 11 7 11 7 10

Reassignment

      Denied 7 2 4 1 0 2

      Directed 5 1 1 1 2 1

Reasonable Accommodation 12 4 2 2 4 5

Reinstatement 0 0 0 0 0 0

Religion Accommodation 0 0 0

Retirement 1 0 0 0 0 1

Sex Stereotyping 0 0 0

Telework 0 4 5

Termination 7 9 4 2 3 2

Terms/Conditions of Employment 6 4 4 2 8 8

Time and Attendance 10 8 2 6 9 8

Training 9 5 1 2 4 5

Other 15 11 9 8 2 0

Processing Time

  2013 2014 2015 2016 2017 FY2018

YTD

Complaints pending during fiscal year

      Average number of days

      in investigation 220.64 220 178 179 197 187

      Average number of days

      in final action 118.11 41 45 40 38 32

18 Appendix B: FDIC SUMMARY COMPLAINT DATA
Complaints pending during fiscal year where hearing was requested

      Average number of days

      in investigation 233.40 219 190 193 213 195

      Average number of days

      in final action 30.00 27 33 34 11 27

Complaints pending during fiscal year where hearing was not requested

      Average number of days

      in investigation 211.44 222 148 172 173 165

      Average number of days

      in final action 143.29 70 48 45 48 39

Complaints Dismissed by Agency

  2013 2014 2015 2016 2017 FY2018

YTD

Total Complaints Dismissed by Agency 6 8 6 3 8 2

Average Days pending prior to dismissal 25 75 96 517 360 128

Complaints Withdrawn by Complainants

  2013 2014 2015 2016 2017 FY2018

YTD

Total Withdrawn by Complainants 4 2 2 3 0 8

Total Final Actions Finding Discrimination

  2013 2014 2015 2016 2017 FY2018

YTD

Total Number of Findings 0 0 1 0 0 0

Without Hearing 0 0 0 0 0 0

With Hearing 0 0 1 (100%) 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. 2013 2014 2015 2016 2017 FY2018

YTD

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

No FEAR Act Annual Report to Congress Fiscal Year 2018 19
      Disability 0 0 0 0 0 0

      Genetic Information 0 0 0 0 0 0

      Non-EEO 0 0 0 0 0 0

Findings After Hearing 0 0 1 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 1 (100%) 0 0 0

      Sex 0 0 0 0 0 0

      National Origin 0 0 0 0 0 0

      Equal Pay Act 0 0 0 0 0 0

      Age 0 0 0 0 0 0

      Disability 0 0 0 0 0 0

      Genetic Information 0 0 0 0 0 0

      Non-EEO 0 0 0 0 0 0

Findings Without Hearing 0 0 0 0 0 0

      Race 0 0 0 0 0 0

      Color 0 0 0 0 0 0

      Religion 0 0 0 0 0 0

      Reprisal 0 0 0 0 0 0

      Sex 0 0 0 0 0 0

      National Origin 0 0 0 0 0 0

      Equal Pay Act 0 0 0 0 0 0

      Age 0 0 0 0 0 0

      Disability 0 0 0 0 0 0

      Genetic Information 0 0 0 0 0 0

      Non-EEO 0 0 0 0 0 0

Findings of Discrimination Rendered by Issue

2013 2014 2015 2016 2017 FY2018

YTD

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

Appointment/Hire 0 0 0 0 0 0

Assignment of Duties 0 0 0 0 0 0

20 Appendix B: FDIC SUMMARY COMPLAINT DATA
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 1 (100%) 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 After Hearing 0 0 1 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

No FEAR Act Annual Report to Congress Fiscal Year 2018 21
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 1 (100%) 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 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

22 Appendix B: FDIC SUMMARY COMPLAINT 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 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

No FEAR Act Annual Report to Congress Fiscal Year 2018 23
Pending Complaints Filed in Previous Fiscal Years by Status

  2013 2014 2015 2016 2017 FY2018

YTD

Total Complaints from previous Fiscal Years 59 34 41 34 49 41

Total Complainants 48 33 35 28 37 34

Number of Complaints Pending

    Investigation 0 0 0 0 0 1

    ROI issued, pending

Complainant’s action 0 0 0 1 0 0

    Hearing 28 32 41 31 46 36

    Final Action 0 1 0 3 0 4

    Appeal 13 8 14 24 11 4

Complaint Investigations

  2013 2014 2015 2016 2017 FY2018

YTD

Pending Complaints Where Investigations 

Exceed Required Time Frames 0 0 0 0 0 0

24 No FEAR Act Annual Report to Congress Fiscal Year 2018
No FEAR Act Annual Report to Congress Fiscal Year 2018 25

APPENDIX C

FDIC POLICIES RELATING 

TO ANTI-DISCRIMINATION
26 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION

C-1

Circular 2710.1 – Equal Opportunity Policy

APPENDIX 
No FEAR Act Annual Report to Congress Fiscal Year 2018 27
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 individualʼs genetic 

tests; or information about the genetic tests, or the manifestation 

of a disease or disorder in the individualʼs 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 FDICʼs 

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 FDICʼs 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 

28 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
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 

No FEAR Act Annual Report to Congress Fiscal Year 2018 29
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 individualʼs genetic 

tests; or information about the genetic tests, or the 

manifestation of a disease or disorder in the individualʼs 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 

Managementʼs No FEAR Act notice posting and training 

requirements;

(2) 12 C.F.R. Part 361, FDICʼs minority and women outreach 

program contracting guidelines;

(3) 12 C.F.R. Part 352, FDICʼs nondiscrimination on the basis 

of disability guidelines;

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

Commissionʼs (EEOC) sex discrimination guidelines;

(5) 29 C.F.R. Part 1605, EEOCʼs religious discrimination 

guidelines; 

(6) 29 C.F.R. Part 1606, EEOCʼs national origin

discrimination guidelines; and 

(7) 29 C.F.R. Part 1614, EEOCʼs 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 

30 Appendix C: FDIC POLICIES RELATING TO ANTI-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 individualʼs 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 FDICʼs 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

No FEAR Act Annual Report to Congress Fiscal Year 2018 31
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 FDICʼs Equal Employment Opportunity Program ensures

equal access to employment for all qualified individuals through 

the implementation of the EEOCʼs Management Directive 715, 

and the U.S. Office of Personnel Managementʼs 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 FDICʼs Contracting Outreach Program is 

available in FDIC Circular 3700.16, FDIC Acquisition Policy 

Manual (APM) and the FDICʼs Guide for Outside Counsel.

g. The FDICʼs 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.

32 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
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.

No FEAR Act Annual Report to Congress Fiscal Year 2018 33
C-2

Circular 2710.3 – Anti-Harassment Program

APPENDIX 

34 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
No FEAR Act Annual Report to Congress Fiscal Year 2018 35
36 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
No FEAR Act Annual Report to Congress Fiscal Year 2018 37
38 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
No FEAR Act Annual Report to Congress Fiscal Year 2018 39
40 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
No FEAR Act Annual Report to Congress Fiscal Year 2018 41
42 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
No FEAR Act Annual Report to Congress Fiscal Year 2018 43
C-3

Circular 2400.2 – Whistleblower Protection Rights

APPENDIX 

44 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
FDIC 1212/03 (6-99)

TYPE AND NUMBER

Circular 2400.2

CONTACT TELEPHONE NUMBER

Eileen Halpin (703) 562-2173

DATE

June 6, 2001

DATE OF CANCELLATION (Bulletins Only)

TO: All Employees

FROM: Arleas Upton Kea 

Director, Division of Administration (DOA)

SUBJECT: Whistleblower Protection Rights

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

whistleblower protection laws.

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

and applicants for employment at the FDIC. Where the terms of 

a negotiated agreement differ from the provisions of this circular, 

the negotiated agreement is applicable, provided it conforms with 

Federal law. Any negotiated agreement should be read in 

conjunction with this circular.

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

Federal employees and applicants for employment from 

retaliatory action or reprisal for whistleblowing. 

Additionally, FDIC employees are protected from reprisal for 

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

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

reprisal against any employee for making a complaint or 

disclosing information to an Inspector General.

4. Definitions Terms specific to this circular are defined below:

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

investigative and prosecutorial agency within the Executive 

Branch that receives and investigates complaints alleging 

prohibited personnel practices, including those involving reprisal 

for whistleblowing.

FEDERAL DEPOSIT INSURANCE CORPORATION

DIRECTIVE SYSTEM

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

No FEAR Act Annual Report to Congress Fiscal Year 2018 45
Circular 2400.2 2 June 6, 2001

Definitions

(contʼd)

b. Whistleblowing. When a Federal employee or applicant for 

employment discloses information to the OSC, the Inspector 

General, or other comparable agency official, which the individual 

reasonably believes evidences:

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

(2) gross mismanagement; 

(3) a gross waste of funds; 

(4) an abuse of authority; or

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

safety.

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

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

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

or applicant because of protected whistleblowing activities. 

Whistleblowing is protected unless the disclosure is prohibited by 

law or required by Executive Order to be kept secret for national 

security or foreign affairs reasons. Employees, former 

employees, and applicants may appeal a suspected reprisal for 

whistleblowing.

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

discharged or discriminated against with respect to 

compensation, terms, conditions or privileges of employment 

because the employee (or an individual acting at the request of 

the employee) provided information to any Federal banking 

agency, bank or to the Attorney General regarding any possible 

violation of law or regulation, gross mismanagement, a gross 

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

specific danger to public health.

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

threaten any action against an employee as a reprisal for making 

a complaint or disclosing information to the Inspector General, 

unless the complaint was made, or information disclosed, with 

knowledge of (or with willful disregard for) its falsity.

6. Procedures Individuals seeking protection under the Federal whistleblower 

laws shall select one of the following filing remedies. 

a. A complaint with the Office of Special Counsel for 

investigation;

46 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
Circular 2400.2 3 June 6, 2001

Procedures

(contʼd)

b. A grievance under the FDIC negotiated grievance procedures 

(if the employee is in a bargaining unit);

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

d. An appeal with the Merit Systems Protection Board.

7. Contacts Questions regarding Whistleblower Protection Rights or filing 

procedures should be directed to the local Labor and Employee 

Relations representatives, DOA, Personnel Services Branch. 

Individuals also may contact the Office of Special Counsel at 

(1-800-572-2249) for information regarding whistleblower 

disclosures and/or procedures for filing a complaint with the OSC.

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

No FEAR Act Annual Report to Congress Fiscal Year 2018 47
C-4

Circular 2750.1 – Disciplinary and Adverse Actions

APPENDIX 

48 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
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.

FDIC 1212/03 (6-95)

No FEAR Act Annual Report to Congress Fiscal Year 2018 49
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 

50 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
3

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.

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 

No FEAR Act Annual Report to Congress Fiscal Year 2018 51
4

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

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 

52 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
5

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 

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 

No FEAR Act Annual Report to Congress Fiscal Year 2018 53
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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 

54 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
7

adverse actions, the decision notice will also advise of his/her 

option to file a grievance.

d. Performance Based Actions

When an employee’s performance is less than satisfactory, management 

will initiate action to assist the employee with improving his/her 

performance. This may include counseling orally and/or in writing.

Continued deficient performance may necessitate more formal actions. 

However, prior to initiating an adverse action based on 

unsatisfactory performance, the employee will be provided with a 

performance improvement plan (PIP) and a reasonable opportunity to 

raise his/her performance to a satisfactory level before any action 

to remove him/her from his/her current position is proposed. The PIP 

will clearly state the specific performance deficiencies and the 

supervisor’s expectations for improvement. The plan establishes a 

period for improvement, generally 90 days. The supervisor must also 

offer meaningful assistance to the employee during the improvement 

period, which may include closer supervision and/or providing 

appropriate training. The supervisor should closely monitor the 

employee’s work and must provide written feedback regarding the 

employee’s performance at specified intervals during the performance 

improvement period.

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

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

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

be advised that should his/her performance fall below the 

satisfactory level within one year from the start of the PIP, action 

will be taken to remove the employee from his/her current position 

without providing another performance improvement opportunity. If 

the performance has not improved, the supervisor should take 

appropriate action, such as reassignment, demotion, or removal from 

Federal service, to remove the employee from his/her current 

position.

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

followed for performance based actions once a determination has been 

made that an adverse action is warranted.

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:

No FEAR Act Annual Report to Congress Fiscal Year 2018 55
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a. The nature and seriousness of the offense, and its relation 

to the employee's duties, position, and responsibilities, including 

whether the offense was intentional or technical or inadvertent, or 

was committed maliciously or for gain, or was frequently repeated.

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

supervisory or fiduciary role, contacts with the public, and 

prominence of the position.

c. The employee's past disciplinary record.

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

service, performance on the job, ability to get along with fellow 

workers, and dependability.

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

perform at a satisfactory level and its effect upon the supervisor's 

confidence in the employee's ability to perform assigned duties.

f. Consistency of the penalty with those imposed upon other 

employees for the same or similar offenses.

g. Consistency of penalties with applicable table of 

penalties.

Note: There is no FDIC table of penalties.

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

reputation of the agency.

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

rules that were violated in committing the offense, or had been 

warned about the conduct in question.

j. Potential for the employee's rehabilitation.

k. Mitigating circumstances surrounding the offense such as 

unusual job tensions, personality problems, mental impairment,

harassment, or bad faith, malice or provocation on the part of others 

involved in the matter.

56 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION
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.

No FEAR Act Annual Report to Congress Fiscal Year 2018 57
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11. Employee Assistance Program. FDIC Circular 2821.1, FDIC’s 

Employee Assistance Program, was established to assist employees with 

personal problems that may affect conduct or performance on the job. 

The program includes the availability of counseling services.

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

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

Employee Assistance Program. The referral should be included in 

written counseling memoranda, letters of warning, or other 

appropriate written notices regarding conduct or performance 

deficiencies.

12. Questions. Any questions concerning the disciplinary and 

adverse actions process should be directed to the Division of 

Administration, Personnel Services Branch.

13. Effective Date. This circular is effective immediately.

58 Appendix C: FDIC POLICIES RELATING TO ANTI-DISCRIMINATION

FDIC-017-2019