FDICI FEDERAL DEPOSIT 

INSURANCE CORPORATION 

NO FEAR ACT

 FISCAL YEAR 2023

 ANNUAL REPORT TO CONGRESS 
CONTENTS 

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

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

Key No FEAR Act Results in FY 2023 ............................................................ 2 

Key No FEAR Act Agency Stakeholders ..........................................................3 

No FEAR Act Report Requirements ............................................................6 

No FEAR Act Data and Analysis ......................................................................6 

EEO Complaint Activity in Federal Court and Disposition ............................... 6 

JudgmentFund Reimbursements and Budget Adjustment ..............................7 

Disciplinary Policy and Disciplinary Action ...................................................8 

EEO Complaint Activity .............................................................................9 

Actions Taken/Planned to ImproveEEO Complaint Program .......................... 14 

Practical Knowledge Gained ..................................................................15 

FDIC No FEAR Act TrainingPlan .................................................................. 15 

Conclusion .........................................................................................16 

Appendix A - NO FEAR ACT LEGAL COVERAGE 

Appendix B - FDIC CHAIRMAN EEO POLICY STATEMENT 

Appendix C- FDIC SUMMARY COMPLAINT DATA 

Cl - Federal Court Data 

C2 - EEO Data Posted Pursuant to the No FEAR Act 

C3 - FY2022 EEO Statistical Data - 462 Report 

Appendix D - FDIC POLICIES RELATING TO ANTI-DISCRIMINATION 

Dl - FDIC Circular 2710.1- Equal OpportunityPolicy 

D2- FDIC Directive 2710.3 -Anti-Harassment Program 

D3 - FDIC Directive 2400.2 - Whistleblower Protection Rights 

D4 - FDIC Directive 2750.1-Disciplinary and Adverse Actions 
Page 1 

INTRODUCTION

June 16, 2023, marked the 90th anniversary of the signing of the Banking Act of 1933, which 

established the Federal Deposit Insurance Corporation as the world’s first national deposit 

insurance system. The Federal Deposit Insurance Corporation (FDIC) is an independent 

agency established by Congress 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 us in 

accomplishing our mission: Integrity, Competence, Teamwork, Effectiveness, Accountability, 

and Fairness.

Action Plan for a Safe, Fair, and Inclusive Work Environment

The FDIC is committed to ensuring that every person at the FDIC feels safe, valued, and 

respected. Maintaining a strong workplace culture is essential to effectively carrying out our 

Agency mission. Since November 2023, following news reports about sexual harassment at 

the FDIC, the FDIC’s senior leadership team developed and began implementing a 

comprehensive Action Plan for a Safe, Fair, and Inclusive Work Environment (Action Plan) that 

encompasses eight action areas and over 30 specific initiatives. The eight action areas are 

related to providing support to victims and survivors, identifying and correcting current 

problems, repercussions for those engaged in sexual harassment or other serious 

misconduct, leadership accountability, review of policies and procedures, training programs, 

communication and outreach strategies, and cultural transformation. 

The Action Plan goes beyond Agency compliance efforts and describes how the FDIC will 

support victims and survivors of harassment and discrimination. It reflects contributions 

from the FDIC’s senior leadership team and incorporates input from a range of stakeholders, 

including the Diversity and Inclusion Executive Advisory Council, personnel in the Office of 

Minority and Women Inclusion (OMWI), and several employee resource groups. Since 

developing the Action Plan, the FDIC has collaborated closely with the National Treasury 

Employees Union to ensure their active participation while executing the Action Plan.

We believe that the initiatives outlined in the Action Plan will make a meaningful difference in 

the FDIC’s workplace environment and culture. The Action Plan is intended to be a living 

document that will evolve and improve as we assess our efforts and make progress in these 

areas. We are fully committed to this important effort and look forward to communicating 

progress to our employees and the public. 
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In addition, the FDIC Board of Directors established a Special Committee to oversee an 

independent third-party review of the Agency’s workplace culture and appointed Directors 

Jonathan McKernan and Michael J. Hsu to co-chair the Special Committee. In December, the 

committee selected the law firm of Cleary Gottlieb Steen & Hamilton LLP to conduct the 

independent review, which will cover allegations of sexual harassment and interpersonal 

misconduct at the FDIC, including allegations of hostile, abusive, unprofessional, or 

inappropriate conduct, and management’s response to that harassment and misconduct. 

The review will also assess the FDIC’s workplace culture, including any practices that might 

discourage or otherwise deter the reporting of, or appropriate response to, harassment and 

interpersonal misconduct. 

The findings and recommendations of the third-party review will be incorporated into the 

Action Plan as appropriate.

PURPOSE OF REPORT

The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No 

FEAR Act) requires public accountability of federal agencies for violations of 

antidiscrimination and whistleblower protection laws. 

The No FEAR Act, as amended, also requires each federal agency to submit an annual report 

to Congress no later than 180 days after the end of each Fiscal Year (FY). Based on this 

requirement, the FDIC presents its annual No FEAR Act Report to Congress, in accordance 

with Title II, Section 203 of the No FEAR Act, Public Law 107-174. This annual report 

represents FDIC actions taken to ensure accountability for antidiscrimination and 

whistleblower laws related to employment. 

Key No FEAR Act Results in FY 2023

For the purpose of analysis, this report focuses on FY 2023 (October 1, 2022 to September 30, 

2023) data, and includes relevant data from FY 2019 to FY 2022. In FY 2023, the FDIC 

employed 5,757 permanent employees. During the FY 2023 reporting period, there were no 

findings of discrimination against the FDIC. There were 35 formal EEO complaints filed in FY 

2023, which is an increase from 27 filed in FY 2022. In addition, reprisal, race, age, and sex 

were the most frequently filed bases, and harassment (non-sexual), promotion/nonselection, appointment/hire, and terms/conditions of employment were the most prevalent 

issues identified in complaints filed. Other key results from this period include: 

• FDIC achieved the U.S. Equal Employment Opportunity Commission’s (EEOC) goal of a 

50 percent Alternative Dispute Resolution (ADR) participation rate in the informal 
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stage of the process. This is the first time in more than five years that the Agency met 

the 50 percent goal.

• FDIC timely issued all Final Agency Decisions (FADs), Final Agency Orders, and timely 

completed all investigations in FY 2023. We maintained EEOC compliance of Final 

Agency Decision issuance within 60 days, but increased our processing time from 39 

days in FY 2022 to 53 in FY 2023.

• New informal EEO counselings (63) and formal complaints (35) significantly increased 

compared to FY 2022 (51 and 27, respectively). There were two untimely counselings 

out of 60 completed counselings in FY 2023.

• The number of complaint closures dropped from the previous reporting periods, and 

closure time continued to decrease from 533 days in FY 2022 to 402 days in FY 2023.

During the reporting period, in collaboration with the FDIC’s Corporate University, a wide 

array of online EEO and Diversity trainings were made available through the Agency-wide 

management system FDIC Learning Experience, including:

• Biennial No FEAR Act training

• Anti-Harassment Program Briefing

• Bridging the Diversity Gap

• Unconscious Bias

• Your Role in Workplace Diversity

• Equal Employment Opportunity (EEO) and Diversity Workshop for Supervisors

• Empathy in the Workplace

KEY NO FEAR ACT AGENCY STAKEHOLDERS

Office of Minority and Women Inclusion

OMWI has delegated responsibility for the FDIC’s EEO program. OMWI leads efforts to ensure 

that the FDIC complies with all federal EEO laws and related civil rights protections, in 

accordance with Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in 

Employment Act of 1967, as amended; the Equal Pay Act of 1963, as amended; Section 501 of 

the Rehabilitation Act of 1973, as amended; the Genetic Information Nondiscrimination Act of 

2008; and the Civil Service Reform Act of 1978, 5 U.S.C. § 2302(b) and (d). OMWI administers 

an EEO complaint process pursuant to EEOC regulation 29 C.F.R. Part 1614 and EEOC 

Management Directive, and provides a neutral forum for the discussion, investigation, and 

resolution of all EEO matters. 
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In general, OMWI oversees the FDIC’s DEIA efforts, including implementation of its 2021- 2023 

Diversity, Equity and Inclusion Strategic Plan. Agency-wide, OMWI conducts workforce 

demographic analyses to identify any representation gaps and recommends recruitment and 

retention strategies to support diverse applicant pools. OMWI also works with Divisions and 

Offices to maintain a model EEO program by providing training and issuing notices to all 

employees about legal rights and responsibilities. In FY 2023, the FDIC made further progress 

in implementing Agency DEIA initiatives under its DEI Strategic Plan. Specifically, OMWI 

provided training support, launched empathy training for all employees, and continued to 

work with the FDIC’s Divisions and Offices to help them execute their own DEIA operational 

plans tailored to their mission and needs. 

FDIC Leadership

The FDIC is committed to having a workplace where all employees, as well as applicants 

seeking employment with our organization, are given equal employment opportunity and are 

free from discrimination. On March 17, 2023, the Agency issued its Annual No FEAR Act Notice 

where employees were informed about the Elijah Cummings amendment to the No FEAR Act, 

Anti-Discrimination Laws, Whistleblower Protection Laws, Retaliation rights for engaging in 

Protected Activity, Disciplinary Actions, and who an employee can contact for further 

information regarding the Act. To further demonstrate this workplace commitment, 

Chairman Martin Gruenberg issued an EEO Policy Statement on June 2, 2023, which stated: 

“Discriminatory behavior is strictly prohibited at the FDIC and will not be tolerated. ... 

The FDIC will continue to take proactive measures to support a diverse and inclusive 

workplace. We are committed to ensuring that all employees feel respected, valued, and 

supported because we know that our differences are what make us strong, allow us to 

connect with the communities we serve, and keep the Agency moving forward.”

The annual EEO policy statement reaffirms the FDIC’s commitment to the principles of EEO 

for all employees and applicants for employment, and to maintaining a workplace free from 

discrimination, harassment, and retaliation. 

The FDIC processes all whistleblower matters and, in accordance with the No FEAR Act

requirements, posts whistleblower information on the FDIC’s internal and external websites. 

This information includes "Know Your Rights When Reporting Wrong" and guidance on 

contacting the Whistleblower Protection Coordinator at www.fdicoig.gov/oig-hotline. On 

July 27, 2023, Chairman Gruenberg and Acting Inspector General Tyler Smith confirmed the 

FDIC’s support of whistleblower rights, when they stated:

“The FDIC is committed to maintaining a culture that reflects integrity and 

accountability. In this spirit, employees can continue making protected disclosures and 

reporting allegations without fear of retaliation.” 
Page 5

This confirmation supports the continued obligations to report fraud, waste, abuse, 

misconduct, or mismanagement at the FDIC.

The Agency also displayed its EEO values on September 7, 2023, when Chairman Gruenberg 

and the OMWI Director issued the FDIC’s Commitment to a Fair, Equitable, and Safe Work 

Environment, which stated:

“Our commitment aims to create a space where each one of us feels safe in the 

workplace with the knowledge that processes and procedures – concerning recruitment 

and hiring, training and career development, and promotion and performance 

evaluation – are implemented fairly and equitably.”

FDIC leadership promotes the vision and business case for DEIA by taking action to increase 

workforce diversity, providing avenues to hear from employee groups, maintaining equitable 

practices, and fostering an inclusive workforce. The FDIC continued to focus attention on 

recruitment and retention diversity initiatives, support for first-generation professionals, and 

career development programs for the next generation of leaders, among several other 

initiatives designed to maintain a diverse and inclusive workforce.

Employee Groups

The Chairman’s Diversity Advisory Councils (CDACs) advocate for DEIA awareness and 

initiatives that bring about positive workplace change. The CDACs provide ideas for creating, 

promoting, and supporting an inclusive workplace environment; provide an open and 

accepting forum for employees to share important DEIA issues; and identify issues, practices, 

and policies that inhibit or foster the achievement of the FDIC’s DEIA goals. In FY 2023, the 

CDACs worked with OMWI in sponsoring programs that address DEIA and that are reflective of 

the FDIC’s workforce – such as National Observances and other DEIA topics, including All

Voices Be Heard in Meetings, Emotional Intelligence, and Empathy in the Workplace.

The Office of the Chairman re-established the Workplace Excellence (WE) Council in 2023, to 

provide strategic direction for policies, programs, procedures, and practices that impact the 

culture of the FDIC. Specifically, the WE Council supports the Agency’s priority to build and 

maintain a high-performing workforce that is flexible, engaged, diverse, and inclusive 

through the implementation of short, medium and long-term workplace improvement goals 

and strategies. The WE Council envisions a workforce that respects every employee, 

embraces change, looks to the future, champions diversity and inclusion, and works together 

to accomplish our mission, knowing that what we do matters.

Further, the Chairman meets with all nine Employee Resource Groups (ERGs) separately, to 

gain perspective directly from each group. Additionally, the Chief Operating Officer and the 
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Chief Human Capital Officer meet with each ERG on their HR related concerns related to 

hiring, staffing, and promotional opportunities. 

FY 2023 NO FEAR ACT REPORT REQUIREMENTS

This FY 2023 report summarizes the accomplishments within the FDIC’s EEO program in 

implementing the No FEAR Act, focusing principally on EEO complaint processing. It 

evidences the FDIC’s commitment to promote accountability for antidiscrimination. As 

required by section 203(a) of the No FEAR Act, this annual report addresses:

 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 tomeet 

reimbursementrequirements;

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

harassment and the FDIC’s policy relating to appropriate disciplinaryaction;

 Final year-end summary data related to the FDIC’s EEO complaintactivity 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 Acttraining plan.

NO FEAR ACT DATA AND ANALYSIS

EEO Complaints in Federal Court and Disposition

FY 2023 Federal Court Trend Analysis

From FY 2019 to FY 2023, the number of new employment cases filed against the FDIC in 

various federal district courts has fluctuated from a low of two to a high of five. In FY 2023,

new cases filed against the FDIC in federal District Courts decreased from five in FY 2022 to

two new cases filed in FY 2023. The breakdown of the allegations in the two new cases filed in 

Federal court in FY 2023 is as follows:
Page 7 

• Former employee alleged retaliation in connection with her non-selection for a 

number of FDIC vacancies she applied for during 2019-2022. She claimed her nonselections were the result of a prior EEO complaint she filed when she was employed 

by the FDIC.

• Employee sought to have the District Court adjudicate his petition for enforcement 

pending before Office of Federal Operations/EEOC, challenging FDIC’s computation of 

back pay in connection with an EEOC matter in which he received a favorable decision 

in 2019. 

In FY 2023, there was one decision issued, and it was in favor of the FDIC. In its decision, the 

Court of Appeals affirmed the District Court’s 2021 decision granting the Agency’s motion for 

summary judgment, in a case in which the employee alleged violations of Title VII and the 

Rehabilitation Act due to the FDIC’s failure to promote him based on his race, sex, disability, 

age and retaliation. The decision determined that the plaintiff failed to show that the actions 

of the FDIC were discriminatory. 

The following chart shows the status of the federal court cases in District Court. The total 

number of cases pending at any time remained the same during FY 2022 and 2023. Detailed 

court case data for FY 2023 can be found in Appendix C1. 

Table 1: Status of EEO District Court Cases Filed Against the FDIC FY 2019-FY 2023 

Judgment Fund Reimbursements and Budget Adjustment

The Judgment 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 Office of Inspector 

General (OIG), is not appropriated by Congress. There were no judgments against the FDIC, 

 Court Cases 2019 2020 2021 2022 2023

New Cases Filed in District Court 2 5 3 5 2

Pending District Court Cases 3 7 9 11 11

Pending Appellate Court Cases 1 0 1 1 1

Settlements 1 0 1 0 2

Withdrawals 0 0 0 1 0

Final Judgment for Complainant 0 0 0 0 0

Final Judgment for the FDIC 1 1 1 1 1
Page 8 

including the OIG, from cases pending or resolved in federal district court in FY 2023. 

Therefore, no reimbursements or budget adjustments were necessary.

Discipline Policy and Disciplinary Action 

The FDIC maintains a written disciplinary and adverse action policy (FDIC Directive 2750.01) 

designed to enable management to address misconduct appropriately, in a fair and equitable 

manner that promotes the efficiency of the service. During the reporting period, there were 

no findings of discrimination issued by a FAD, the EEOC, the Merit Systems Protection Board, 

the Office of Special Counsel, or a federal District Court.

The FDIC's Anti-Harassment Program, Directive 2710.03, outlines the Agency’s policy 

regarding reporting harassment, as well as the responsibilities of both managers and 

supervisors to prevent and promptly correct harassing conduct in the workplace. The FDIC 

administers the Anti-Harassment Program through coordination among several offices 

including OMWI. Claims of harassment are reviewed and resolved by the Labor and Employee 

Relations Section of the Division of Administration and the Legal Division. 

In FY 2023, there were 16 complaints concerning allegations of harassment raised through the 

Anti-Harassment Program, which covers both unlawful discriminatory harassment and 

harassment not covered by anti-discrimination statutes. This reflects a 100 percent increase 

from the eight complaints raised in FY 2022. Overall, five (31 percent) of the 16 complaints 

alleged an EEO basis (one-race, one-religion, three-sex, and one-retaliation). Of the 16

complaints filed in FY 2023, 12 involved hostile work environment (HWE) complaints at 

headquarters. The complaints generally characterized an issue of bullying, harassment, 

and/or intimidation. Of the 12 HWE investigations, ten were found not to have violated our 

policy, one resulted in a restructuring of an office and a new assigned supervisor, and one 

investigation was ongoing at the end of the report period. There were four HWE complaints 

received in the FDIC Regions. As with the Headquarters complaints, they were characterized 

as bullying, harassment, and or intimidation. One resulted in a Letter of Counseling, and 

another in a Letter of Reprimand. The remaining two investigations were ongoing as of the 

end of FY 2023. As referenced previously, the Agency’s Action Plan has various initiatives and 

several are designed to improve our process for addressing and preventing harassment in our 

workplace.

 

Table 2: Complaints and Actions Under the FDIC’s Anti-Harassment Program FY 2019–FY 

2023

 

Complaints and Actions 2019 2020 2021 2022 2023

Complaints Filed 15 6 15 8 16

Disciplinary Actions 0 3 2 0 2
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FY 2023 EEO Complaint Activity

The EEO data for this No FEAR Act Annual Report primarily focuses on FY 2023, but also 

includes the five-year reporting period data from October 1, 2019 to September 30, 2023. An 

EEO administrative complaint is an allegation of illegal discrimination that is handled 

through the administrative EEOC procedures found at 29 C.F.R. Part 1614.

1

 Detailed 

administrative EEO complaint data can be found in the No FEAR Act EEO Data Report 

(Appendix C2) and the FY 2023 Annual EEO Statistical Report of Discrimination Complaints462 Report (Appendix C3).

2

 

Informal Activity

An informal case is a pre-complaint allegation of discrimination which an aggrieved person 

raises with the EEO Counselor in order to informally resolve the matter before filing a formal 

discrimination complaint. The number of newly initiated informal EEO counselings 

significantly increased from 51 in FY 2022 to 63 in FY 2023, a 24 percent increase. These 

numbers are reflective of FDIC’s continued receipt of a high number of applicant cases (14) in 

FY 2023, and (13) in FY 2022. Of the 63 counselings in FY 2023, 21 individuals either withdrew 

their informal complaint or did not file a formal complaint. This reflects a 16 percent increase 

from FY 2022, which had 18 counselings where the aggrieved person either withdrew an 

informal complaint or did not file a formal complaint. There were two untimely informal

counselings in FY 2023. OMWI implemented new counseling procedures to address this issue

to support timeliness in this stage of the EEO process.

Formal Complaint Activity

A formal complaint is a signed statement regarding a claim that alleges a specific act of 

discrimination and/or reprisal has taken place against the complainant. As illustrated in the 

chart below, the number of new formal complaints filed increased from 27 in FY 2022 to 35 in 

FY 2023, a 30 percent increase. Of the 35 complaints filed, 23 (66 percent) involved 

complaints occurring in Headquarters, and 12 (34 percent) involved Regional cases. 

Although there was an increase in the total number of filings in FY 2023, overall the complaint 

activity has fluctuated throughout the past five fiscal years. The average number of cases 

 

1 A complaint may result when an employee believes he or she has been unfairly treated because of race, color, 

religion, sex (including pregnancy, gender identity/transgender status, and sexual orientation), national origin, 

age (40 years and over), physical or mental disability, genetic information, and/or retaliation for participating in 

protected EEO activity. The allegation itself is not proof that illegal discrimination has taken place. The 

investigation that follows the acceptance of issues from a formal complaint provides the basis for a future 

determination as to whether or not illegal discrimination has, in fact, occurred.

2 All EEO data referenced in this section of the report are from the No FEAR Act EEO Data Report (Appendix C2), 

with the exception of the informal counseling data on page 8 and Final Agency Decision data on page 12, which 

is from the 462 report (Appendix C3).
Page 10

over that time period is 33 per fiscal year. As of FY 2023, the data shows an 18 percent decline 

from FY 2019 when 43 EEO formal complaints were filed (Figure 1). 

Figure 1: Administrative Formal EEO Complaints Filed FY 2019-FY 2023

 

FY 2023 Complaint Data - Examination of Trends and Causal Analysis

FDIC continuously reviews EEO complaint data to ascertain trends, which informs the Agency

review of policies, procedures, and practices. In addition, the Agency can leverage this 

information to develop strategies to address those trends. 3 

 

3 An EEO complainant must assert a “basis” when bringing forward a complaint. The basis (protected groups) 

under EEO statutes are race, color, religion, sex (including pregnancy, gender identity/transgender status, and 

sexual orientation), national origin, age (40 years and over), physical or mental disability, genetic information, 

and/or retaliation for participating in protected EEO activity. Each EEO complaint must also assert an “issue”, or 

circumstance, that constituted the alleged discrimination. 

43

31

29

27

35

Fiscal Year 2019 2020 2021 2022 2023
Page 11

EEO Bases 

During the five-year reporting period, reprisal, race, age, disability, and sex were the most 

frequently filed bases of EEO complaints. For FY 2023, reprisal, race, age and sex were the 

most frequently filed bases. In FY 2023, sex-based complaints increased 100 percent, from 

seven (two-Males, five-Females) in FY 2022 to 14 (two-Males, 12-Females) in FY 2023. The data

reflects that in FY 2023, there was an increase in female applicants who filed on the basis of 

sex. Although color was not one of the most frequently filed basis, color-based complaints 

reflect the greatest increase of any basis, in that there were five filed in FY 2023 compared to 

two filed in FY 2022, a 150 percent increase. Of the 35 total complaints filed in FY 2023, 48 

percent involved allegations of discrimination on the basis of reprisal for prior EEO activity, 

which is the highest percentage of all bases filed. There were 17 (three-Region, 14-

Headquarters) reprisal-based complaints filed in FY 2023, compared to 14 (two-Region, 12-

Headquarters) reprisal-based complaints filed in FY 2022. The following chart (Table 3) 

reflects the FDIC’s complaint activity by basis of discrimination. Since complaints can be filed 

alleging multiple bases of discrimination, the sum of the bases may not equal the total 

number of complaints filed.

Table 3: EEO Complaints by Basis, FY 2019–FY 2023

EEO Issues

For the past five reporting periods, the most frequently filed EEO issues are non-sexual 

harassment, promotion/non-selection, terms and conditions of employment, and 

appointment/hire. For FY 2023, harassment (non-sexual), promotion, and terms/conditions

of employment were the most frequently filed issues. There was a significant increase of 

Basis 2019 2020 2021 2022 2023

Race 23 15 9 13 16

Color 5 4 2 2 5

Religion 3 3 1 1 1

Reprisal 22 17 13 14 17

Sex* 21 12 11 7 14

PDA** 0 0 0 0 0

National Origin 7 3 2 5 2

Equal Pay Act 1 0 1 1 1

Age 18 12 15 14 16

Disability 13 7 8 10 7

Genetic Information 0 0 0 0 0

Non-EEO 3 2 0 3 2

* Male, female, pregnancy, sexual orientation, and gender identity

**Pregnancy Discrimination Act
Page 12

complaints alleging promotion/non-selection - five in FY 2022, compared to 11 in FY 2023, a 

120 percent increase. In FY 2022, appointment/hire4 was the most frequently filed issue; 

however, in FY 2023, there was a 22 percent decrease (nine in FY 2022 compared to seven in 

FY 2023). In FY 2022, there were six complaints alleging terms and conditions of employment,

compared to 10 in FY 2023, a 67 percent increase. There were six (one-Region, fiveHeadquarters) complaints alleging harassment in FY 2022, compared to ten (two-Region,

eight-Headquarters) in FY 2023, a 50 percent increase (Figure 2). Of the ten harassment

complaints received in FY 2023, one complaint alleged sexual harassment, a 75 percent

decrease since 2020 when four sexual harassment complaints were filed (Figure 3). 

Figure 2: EEO Complaints by Issue FY 2019–FY 2023

Figure 3: EEO Sexual Harassment Complaints Filed FY 2019-FY 2023

4 Appointment/hire reflects complaints filed by applicants and/or non-FDIC employees. Promotion/nonselection reflects complaints filed by internal FDIC employees.

3 3

13 9 7

14

6

8

6 10

12

9

6

5

11

14

8

4

6

10

0

10

20

30

40

50

2019 2020 2021 2022 2023

Appointment Harassment (non-sexual/sexual)

Promotion/Non-Selection Terms/Conditions of Employment

1

4

0 0

1

Fiscal Year 2019 2020 2021 2022 2023
Page 13

In reviewing overall FY 2023 EEO data, there is no easily discernible trend as the cases reflect 

a wide array of issues and allegations. The recent surge in complaints has returned our case 

numbers to pre-pandemic levels. Focusing on key issues raised in complaints, FDIC will 

continue to support an effective anti-harassment program as outlined in our Action Plan, and 

support promotion opportunities through existing DEIA efforts and Agency programs. 

Further, the FDIC understands that there may be a gap between existing complaint numbers 

and the number of individuals who perceive that they have experienced discriminatory 

behavior. In the upcoming year, revisions will be made to the Anti-Harassment Program 

policy and procedures to clearly define harassing behavior and the options and procedures 

for filing harassment complaints. With our efforts under the Action Plan we want to create an 

environment where employees can recognize discriminatory behavior and use the available 

mechanisms to address it. 

Closures and Timeliness 

During the reporting period, there were no findings of discrimination against the FDIC. At the 

beginning of FY 2023, there were a total of 30 complaints at various stages in the complaint

process and 29 complaints were closed during FY 2023. There were a total of four complaints 

withdrawn in FY 2023, compared to two withdrawals in FY 2022. In FY 2023, the FDIC issued 

all FADs timely. The average processing time for the six FADs issued in FY 2023 on the merits 

of a complaint was 53 days, compared to 39 days in FY 2022 (Table 4). 

Table 4: Final Agency Decision Issued on the Merits FY 2019 – FY 2023

The number of complaint closures dropped from 38 in FY 2022 to 29 in FY 2023. The 

complaint closure time decreased from 533 days in FY 2022 to 402 days in FY 2023. This 

decrease in closure times can be attributed to four complaints that were withdrawn within an 

average of 206 days, and the settlements of eight complaints resolved within 235 days.

The FDIC completed 100 percent of the 21 EEO complaint investigations within the mandated 

regulatory timeframes. The average investigation processing time remained consistent at 

Fiscal

Year

Number of 

Decisions

Average

Days

%

Timely

2019 8 52 88%

2020 19 52 67%

2021 4 43 100%

2022 6 39 100%

2023 6 53 100%
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228 days as a result of amendments filed and/or mutual extensions of time (Table 55). During 

the reporting period, FDIC took steps to hire staff to support complaint processing efforts and

OMWI updated procedures to support effective complaint processing. These efforts will help

reduce the average investigation processing time. 

Table 5: EEO Complaint Investigations FY 2019 – FY 2023

Actions Taken/Planned to Improve EEO Complaint Program

• In FY 2023, the FDIC achieved the EEOC goal of a 50 percent ADR participation rate in

the informal stage of the process. As stated above, this is the first time in more than

five years that the FDIC met the 50 percent goal. In FY 2023, 30 informal counselees

accepted ADR out of 60 new counseling cases. A recent focus on reaching this

objective was captured in the 2022 FDIC Performance Goal 5.01(c): Encourage the early

resolution of EEO complaints by striving to achieve an informal EEO alternative dispute

resolution (ADR) participation rate of at least 50 percent through the use of ADR

programs, pursuant to EEO regulations.

• In FY 2023, the Agency continued efforts to complete the process for revising existing

EEO policies that had entered the Agency approval process.

• OMWI developed several Standard Operating Procedures (SOPs) to support regulatory

compliance for reporting, complaint processing, directives, and notices. Specific

items include Directive 2710.12 regarding complaints related to FDIC-conducted

education or training programs and outreach activities. In addition, in September of

2023, we developed SOPs for the Annual No FEAR Act Report to Congress, No FEAR Act

Annual Notice, Annual EEO Statement, and applicable Department of Justice Reports

regarding Non-Discrimination, FDIC Directive 2710.12.

5 The regulatory timeframe for investigations is normally 180 days, however, the EEO Director or designee and 

the complainant may agree in writing to an extension up to ninety (90) days or the investigation may be 

extended where complainant amends a complaint. In the case of amended complaints, Agencies are required to 

complete investigations within the earlier of 180 days after the filing of the last complaint amendment or 360 

days after filing of the original complaint. The investigation shall be complete within 360 days.

Fiscal Year Number of 

Complaints Filed

Investigations 

Average Days

% Timely

2019 43 201 98%

2020 31 200 97%

2021 29 190 95%

2022 27 227 100%

2023 35 228 100%
Page 15

• Initiatives to improve the EEO Complaint Program included in the Agency’s Action 

Plan include:

 Conduct regular reviews of Field, Region, and Headquarters offices to ensure 

compliance and consistency with FDIC directives related to sexual harassment, 

anti-harassment, and equal employment opportunity. 

 Consider expanding cadre of EEO counselors to provide better accessibility and 

support to employees located outside of Headquarters.

 Engage an EEO firm to conduct an in-depth barrier analysis of ongoing 

challenges in workforce representation.

 Engage an EEO firm to conduct a review of performance-based cash awards 

and retention bonuses to determine if discriminatory practices exist. 

 Create a taskforce to develop recommendations to address issues primarily 

impacting females in the workforce.

Practical Knowledge Gained 

• The Agency must focus on its responsiveness to individuals involved in the complaint

process and support more robust communication throughout every stage of the 

process. 

• To meet rising case inventory and to ensure the timely processing of all EEO 

complaints, the Agency needs to complete the hiring of multiple EEO Specialists and

permanently fill the Equal Opportunity Compliance and Training Branch Chief position 

in FY 2024. 

• OMWI will use recent timeliness challenges to develop an enhanced complaint 

processing SOP that focuses on two key concepts: redundancy and accountability. 

The revised process will include enhanced review and documentation procedures. 

• OMWI will continue to coordinate with the Legal ADR Team to discuss successes, 

challenges, and recommendations to improve the EEO ADR program, as well as how to 

improve the informal ADR participation rates and informal complaint resolution rates.

FDIC No FEAR Act Training Plan

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

regulations, and procedures. In alignment with the Agency Performance Goal 1.01(c), the 

Agency will raise employee awareness of the available channels for reporting instances of 

harassment, sexual harassment, and discrimination. As part of efforts consistent with our 

Action Plan, the Agency has partnered with the EEOC to provide harassment prevention 
Page 16

training to FDIC employees. Further, we will implement a process to regularly assess 

effectiveness of trainings and revise training efforts as needed. 

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

employees. The No FEAR Act training is included in each employee’s e-Learning account, 

which ensures that employees take the training within the two-year cycle required by the No 

FEAR Act, and that new employees complete the training within 90 days of hire. For the next

biennial No FEAR Act training cycle in FY 2024, we will incorporate noted trends related to 

reprisal, harassment, sexual harassment, and information relating to the EEOC’s guidance on 

the Pregnant Workers Fairness Act into the training course. 

CONCLUSION

The information in this report highlights FDIC’s EEO program’s successes and challenges 

during FY 2023, and strategic plans for FY 2024. The FDIC's successes identified in this report 

are the result of senior leadership's commitment to DEIA, equal opportunity for all 

employees, and partnerships across the Agency. Despite the challenges presented, FDIC has 

developed a path forward to enhance the EEO program, raise employee awareness of 

discriminatory behavior and the mechanisms to address it, and strengthen accountability 

through the Action Plan. As we institute these new initiatives and programs we will rely on an 

engaged workforce to support and strengthen FDIC’s EEO program and the workplace. 
APPENDIX A 

NO FEAR ACT LEGAL COVERAGE 
NO FEAR ACT LEGAL COVERAGE

The No FEAR Act requires that federal agencies report on the number of cases in federal court 

pending or resolved in each fiscal year and arising under each of the respective provisions of 

the federal antidiscrimination and whistleblower protection laws applicable to the agency, as 

defined in 5 C.F.R. § 724.102, in which an employee, former federal employee, or applicant 

alleged a violation(s) of these laws, separating data by the provision(s) involved. The laws 

covered in the No FEAR Act include:

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

color, religion, sex, national origin, and reprisal)

 The Age Discrimination in Employment Act of 1967, as amended, 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(b) and (d) (prohibited 

personnel practices, and race, color, religion, sex, national origin, age, disability, 

marital status, political affiliation, andwhistleblowing)
APPENDIX B 

CHAIRMAN EEO POLICY STATEMENT 
From: Chairman Gruenberg"s Office 

To: FDIC EMPLOYEES CORPORATE 

Subject: Equal Employment Opportunity (EEO) Policy Statement 

Date: Friday, June 2, 2023 9:15:44 AM 

NONPUBLIC//FDIC INTERNAL ONLY 

In the 2022 FDIC Annual Report, I stated that diversity, equity, inclusion, and accessibility (DEIA) 

are fundamental aspects of the FDIC’s work and recognized the role DEIA plays in the FDIC’s 

ability to fulfill its mission. Consistent with that message, I am pleased to reaffirm the FDIC’s 

commitment to equal employment opportunity and non-discrimination in the workplace and 

to fostering DEIA to the benefit of us all. 

Discriminatory behavior is strictly prohibited at the FDIC and will not be tolerated. 

Antidiscrimination laws and related FDIC policies prohibit discrimination against any employee, 

applicant for employment, former employee, or contractor based on race, religion, color, sex 

(including pregnancy, gender identity/transgender status, and sexual orientation), national 

origin, age, genetic information, disability, status as a parent, and prior protected EEO activity 

(reprisal/retaliation). These laws and policies apply to all of our personnel/employment 

programs, management practices, decisions, business activities, and personnel operations 

including, but not limited to, recruitment and hiring, merit promotion, transfer, reassignments, 

performance appraisals, training and career development, benefits, separation, and retention 

efforts. The FDIC is committed to effective implementation of these laws, policies, and 

practices to ensure employees have the freedom to compete for opportunities equally on a fair 

and level playing field. 

Workplace harassment or reprisal (retaliation) against anyone who engages in protected EEO 

activity, such as reporting discrimination or harassment or participating in the EEO process, as 

well as whistleblowing or the exercise of any appeal or grievance right provided by law, is strictly 

prohibited and will not be tolerated. Managers and supervisors are expected to address 

discrimination and harassment allegations promptly and appropriately. The FDIC will correct 

any harassing conduct before it becomes severe or pervasive, continue to support the right of 

employees to exercise their rights under the civil rights statutes, and take prompt action when a 

FDIC employee, agent of the FDIC, or non-employee is found to have engaged in discrimination, 

retaliation, or harassment (including sexual harassment). For more information about the 

FDIC’s EEO and Anti-Harassment programs, including information on freedom from reprisal for 

those who engage in protected activity, please take the time to read Circular 2710.1 and Circular 

2710.03. Bargaining unit employees may wish to review the grievance procedures included in 

the FDIC-NTEU Collective Bargaining Agreement related to equal employment opportunity. 

The FDIC will continue to take proactive measures to support a diverse and inclusive 

workplace. We are committed to ensuring that all employees feel respected, valued, and 

supported because we know that our differences are what make us strong, allow us to connect 

with the communities we serve, and keep the Agency moving forward. 

Martin J. Gruenberg 
APPENDIX C 

SUMMARY OF FDIC COMPLAINT DATA 
APPENDIX Cl 

Federal Court Data 
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 FY2023 1 1 0 0 1 1 1 1 1 

Still pending at end of FY2023 0 0 0 0 3 2 8 1 1 

2. Disposition of Cases (including dismissals) 

Settlements 0 0 0 0 1 1 1 0 0 

Withdrawals 0 0 0 0 0 0 0 0 0 

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

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

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 

ReimbursementtoJudgmentFundForAttorney’s 0 0 0 0 0 0 0 0 0 

Fees(whereseparatelydesignated) 

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, 633- Age Act; 791 -Rehabilitation Act 

42USC 2000e-16 (TVII of the Civil Rights Act) 

Appendix C1: Summary Complaint Data-Federal Court Data 

FEDERAL CASES PENDING in FY 2023 

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 11

Pending Appellate Court Cases 1 

New Cases Filed in District Court 2 
APPENDIX Cl 

EEO DATA POSTED PURSUANT to the No FEAR Act 
No FEAR Act EEO Data

Data as of 09/30/2023

Complaint Activity

FY 2023

Complaint Activity 2018 2019 2020 2021 2022 YTD

Number of Complaints Filed 33 43 31 29 27 35

Number of Complainants 30 39 30 26 24 30

Repeat Filers 3 3 1 2 1 3

Complaints by Basis

Note: Complaints can be filed alleging

multiple bases. The sum of the bases

may not equal total complaints filed. 2018 2019 2020 2021 2022

FY 2023

YTD

Race 14 23 15 9 13 16

Color 2 5 4 2 2 5

Religion 0 3 3 1 1 1

Reprisal 21 22 17 13 14 17

Sex* 12 21 12 11 7 14

PDA1 0 0 0 0 0 0

National Origin 2 7 3 2 5 2

Equal Pay Act 0 1 0 1 1 1

Age 12 18 12 15 14 16

Disability 15 13 7 8 10 7

Genetic Information 0 0 0 0 0 0

Non-EEO 2 3 2 0 3 2

*Male, Female, Sexual Orientation, Gender Identity, Pregnancy

1 PDA - Pregnancy Discrimination Act

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. 2018 2019 2020 2021 2022

FY 2023

YTD

Appointment/Hire 3 3 3 13 9 7

Assignment of Duties 4 7 3 1 1 0

Awards 2 1 1 1 1 1

Conversion to Full-time 0 0 0 0 0 0

Disciplinary Action

 Demotion 2 1 1 0 0 1

 Reprimand 1 0 2 0 0 1

 Removal 1 4 3 1 2 1

 Suspension 1 1 0 0 0 0

Warning 7 2 1 1 0 1

 Other 0 0 0 0 0 0

Duty Hours 0 1 0 0 0 0
Processing Time

FY 2023

2018 2019 2020 2021 2022 YTD

Complaints pending during fiscal year

Average number of days

 in investigation 187 201 200 190 227 228

Average number of days

 in final action 32 36 41 28 26 38

Complaints pending during fiscal year where hearing was requested

Average number of days 195 202 201 178 223 in investigation 227

Average number of days 27 22 39 23 23 in final action 37

Complaints pending during fiscal year where hearing was not requested

Average number of days 165 197 199 211 231 in investigation 234

Average number of days 39 67 38 43 35 in final action 45

 

 

 

 

Complaints Dismissed by Agency

FY 2023

2018 2019 2020 2021 2022 YTD

Total Complaints Dismissed by

Agency 2 3 2 5 3 2

Average Days pending prior to

dismissal 128 103 109 113 402 101

Evaluation Appraisal 12 10 6 4 1 4

Examination Test 0 0 0 0 2 0

Harassment

 Non-Sexual 12 14 6 8 6 9

 Sexual 3 1 4 0 0 1

Medical Examination 0 0 0 0 0 0

Pay (Including Overtime) 0 3 0 1 1 1

Promotion Non-Selection 10 12 9 6 5 11

Reassignment

 Denied 2 2 1 3 3 2

 Directed 1 0 0 2 0 1

Reasonable Accommodation 5 3 2 2 2 3

Reinstatement 0 0 0 0 0 0

Religious Accommodation 0 0 0 0 1 0

Retirement 1 0 0 0 0 0

Sex Stereotyping 0 0 0 0 0 0

Telework 5 4 1 0 0 0

Termination 2 4 3 1 2 4

Terms/Conditions of Employment 8 14 8 4 6 10

Time and Attendance 8 7 2 1 0 5

Training 5 3 2 3 3 0

Other 0 0 0 0 0 0
Complaints Withdrawn by Complainants

FY 2023

2018 2019 2020 2021 2022 YTD

Total Withdrawn by Complainants 8 0 1 2 1 4

Total Final Actions Finding Discrimination

FY 2023

2018 2019 2020 2021 2022 YTD

Total Number of Findings 0 1 0 0 0 0

Without Hearing 0 1 0 0 0 0

With Hearing 0 0 0 0 0 0

Findings of Disc

Note: Complaints can be filed alleging

multiple Bases. The sum of the bases

may not equal total complaints filed. 2018

Total Number of Findings 0

Race 0

rimination R

2019

1

0

2020

0

0

endered by Basis

2021

0

0

2022

0

0

FY 2023

YTD

0

0

 Color 0 0 0 0 0 0

 Religion

 Reprisal

 Sex

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

 National Origin

 Equal Pay Act

Age

 Disability

 Genetic Information

0

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

 Non-EEO 0 0 0 0 0 0

Findings After Hearing

Race

0

0

0

0

0

0

0

0

0

0

0

0

 Color 0 0 0 0 0 0

 Religion

 Reprisal

 Sex

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

 National Origin

 Equal Pay Act

Age

 Disability

 Genetic Information

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

 Non-EEO 0 0 0 0 0 0

Findings Without Hearing

Race

0

0

1

0

0

0

0

0

0

0

0

0

 Color 0 0 0 0 0 0

 Religion

 Reprisal

 Sex

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

 National Origin 0 0 0 0 0 0
Findings of Discrimination Rendered by Issue

FY 2023

2018 2019 2020 2021 2022 YTD

Total Number of Findings 0 1 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 1 0 0 0 0

Time and Attendance 0 0 0 0 0 0

Training 0 0 0 0 0 0

Other - User Defined 0 0 0 0 0 0

Findings After Hearing 0 0 0 0 0 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

 Equal Pay Act 0 0 0 0 0 0

Age 0 0 0 0 0 0

 Disability 0 1 0 0 0 0

 Genetic Information 0 0 0 0 0 0

 Non-EEO 0 0 0 0 0 0
 Reprimand

000000

Suspension000000

Removal000000

Other000000

Duty Hours000000

Evaluation Appraisal000000

Examination Test000000

Harassment

Non-Sexual000000

Sexual000000

Medical Examination000000

Pay Including Overtime000000

Promotion Non-Selection000000

Reassignment

Denied000000

 Directed000000

Reasonable Accommodation000000

Reinstatement000000

Retirement000000

Termination000000

Terms/Conditions of Employment000000

Time and Attendance000000

Training000000

Other - User Defined000000

Findings Without Hearing010000

Appointment/Hire000000

Assignment of Duties000000

Awards000000

Conversion to Full-time000000

Disciplinary Action

Demotion000000

Reprimand000000

Suspension000000

Removal000000

Other000000

Duty Hours000000

Evaluation Appraisal000000

Examination Test000000

Harassment

 Non-Sexual000000

Sexual000000

Medical Examination000000

Pay Including Overtime000000

Promotion Non-Selection000000

Reassignment

 Denied000000

 Directed000000
Reasonable Accommodation

Reinstatement

Retirement

Termination

Terms/Conditions of Employment

Time and Attendance

Training

Other - User Defined

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 1 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0

Pending Complaints Filed in Previous Fiscal Years by Status

FY 2023

2018 2019 2020 2021 2022 YTD

Total Complaints from previous 41 32 25 19 11 21 Fiscal Years

Total Complainants 34 27 22 19 11 16

Number of Complaints Pending

 Investigation 0 0 0 0 0 0

 ROI issued, pending 1 0 0 0 0 0 Complainant's action

Hearing 36 28 25 19 8 4

 Final Action 4 4 0 0 3 0

Appeal 4 11 15 7 6 6

Pending Complaints Where

Investigations Exceed Required Time

Frames

Last Updated 11/14/2023

OMWI@fdic.gov

0 1 0 0 0 0

Complaint Investigations

2018 2019 2020 2021 2022

FY 2023

YTD
APPENDIX C3 

FY 2023 ANNUAL EEO STATISTICAL REPORT 

OF DISCRIMINATION COMPLAINTS

462 REPORT 
NONPUBLIC//FDIC INTERNAL ONLY #

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS

(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)

AGENCY OR DEPARTMENT: FDIC REPORTING PERIOD: FY2023

PART I - PRE-COMPLAINT ACTIVITIES

E. NON-ADR SETTLEMENTS WITH MONETARY BENEFITS

EEO COUNSELOR COUNSELINGS INDIVIDUALS AMOUNT

COUNSELINGS INDIVIDUALS TOTAL 0 0 0.00

A. INTENTIONALLY LEFT BLANK 1. COMPENSATORY DAMAGES 0 0 0.00

2. BACKPAY/FRONTPAY 0 0 0.00

3. LUMP SUM PAYMENT 0 0 0.00

ADR INTAKE OFFICER 4. ATTORNEY FEES AND COSTS 0 0 0.00

5. OTHER NON-ADR SETTLEMENTS

COUNSELINGS INDIVIDUALS W/MONETARY BENEFITS 0 0 0.00

B. INTENTIONALLY LEFT BLANK 6. 0 0 0

TOTAL COMPLETED/ENDED COUNSELINGS F. NON-ADR SETTLEMENTS WITH NON-MONETARY BENEFITS

COUNSELINGS INDIVIDUALS COUNSELINGS INDIVIDUALS

TOTAL 0 0

C. TOTAL COMPLETED/ENDED COUNSELINGS 60 50 1. HIRES 0 0

a. RETROACTIVE 0 0

1. COUNSELED WITHIN 30 DAYS 17 14 b. NON-RETROACTIVE 0 0

2. PROMOTIONS 0 0

2. COUNSELED WITHIN 31 TO 90 DAYS 41 38 a. RETROACTIVE 0 0

a. COUNSELED WITHIN WRITTEN EXTENSION b. NON-RETROACTIVE 0 0

PERIOD NO LONGER THAN 60 DAYS 12 11 3. EXPUNGEMENTS 0 0

b. COUNSELED WITHIN 90 DAYS WHERE 4. REASSIGNMENTS 0 0

INDIVIDUAL PARTICIPATED IN ADR 29 28 5. REMOVALS RESCINDED 0 0

c. COUNSELED WITHIN 31-90 DAYS THAT WERE UNTIMELY 0 0 a. REINSTATEMENT 0 0

3. COUNSELED BEYOND 90 DAYS 2 2 b. VOLUNTARY RESIGNATION 0 0

4. COUNSELED DUE TO REMANDS 0 0 6. ACCOMMODATIONS 0 0

7. TRAINING 0 0

8. APOLOGY 0 0

COUNSELINGS INDIVIDUALS 9. DISCIPLINARY ACTIONS 0 0

D. PRE-COMPLAINT ACTIVITIES a. RESCINDED 0 0

1. ON HAND AT THE BEGINNING OF THE b. MODIFIED 0 0

REPORTING PERIOD 11 11 10. PERFORMANCE EVALUATION MODIFIED 0 0

2. INITIATED DURING THE REPORTING PERIOD 63 56 11. LEAVE RESTORED 0 0

3. COMPLETED/ENDED COUNSELINGS 60 50 12. NEUTRAL REFERENCE 0 0

13. OTHER NON-ADR SETTLEMENTS W/NONa. SETTLEMENTS (MONETARY AND MONETARY BENEFITS 0 0

NON-MONETARY) 1 1 14. 0 0

b. WITHDRAWALS/NO COMPLAINT FILED 21 21

c. COUNSELINGS COMPLETED/ENDED IN G. ADR SETTLEMENTS WITH MONETARY BENEFITS

REPORTING PERIOD THAT RESULTED COUNSELINGS INDIVIDUALS AMOUNT

IN COMPLAINT FILINGS IN REPORTING TOTAL 0 0 0.00

PERIOD 33 28 1. COMPENSATORY DAMAGES 0 0 0.00

d. DECISION TO FILE COMPLAINT PENDING 2. BACKPAY/FRONTPAY 0 0 0.00

AT THE END OF THE REPORTING PERIOD 5 5 3. LUMP SUM PAYMENT 0 0 0.00

4. COUNSELINGS PENDING AT THE END OF THE 4. ATTORNEY FEES AND COSTS 0 0 0.00

REPORTING PERIOD 5. OTHER ADR SETTLEMENTS W/ MONETARY

14 14 BENEFITS 0 0 0.00

6. 0 0 0

H. ADR SETTLEMENTS WITH NON-MONETARY BENEFITS

COUNSELINGS INDIVIDUALS

TOTAL 1 1

1. HIRES 0 0

a. RETROACTIVE 0 0

b. NON-RETROACTIVE 0 0

2. PROMOTIONS 0 0

a. RETROACTIVE 0 0

b. NON-RETROACTIVE 0 0

3. EXPUNGEMENTS 0 0

4. REASSIGNMENTS 0 0

5. REMOVALS RESCINDED 0 0

a. REINSTATEMENT 0 0

b. VOLUNTARY RESIGNATION 0 0

6. ACCOMMODATIONS 0 0

7. TRAINING 0 0

8. APOLOGY 0 0

9. DISCIPLINARY ACTIONS 0 0

a. RESCINDED 0 0

b. MODIFIED 0 0

10. PERFORMANCE EVALUATION MODIFIED 1 1

11. LEAVE RESTORED 0 0

12. NEUTRAL REFERENCE 0 0

13. OTHER ADR SETTLEMENTS W/NONMONETARY BENEFITS 0 0

14. 0 0

I. NON-ADR SETTLEMENTS

COUNSELINGS INDIVIDUALS

TOTAL 0 0

EEOC FORM 462 (REVISED SEPTEMBER 2022) page 1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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NONPUBLIC//FDIC INTERNAL ONLY#

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS

(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)

AGENCY OR DEPARTMENT: FDIC REPORTING PERIOD: FY2023

PART II - FORMAL COMPLAINT ACTIVITIES PART III - AGENCY RESOURCES, TRAINING, REPORTING LINE

30 A. COMPLAINTS ON HAND AT THE BEGINNING

OF THE REPORTING PERIOD NUMBER PERCENT NUMBER PERCENT

1. WORK FORCE

35 B. COMPLAINTS FILED a. TOTAL WORK FORCE 6195

b. PERMANENT EMPLOYEES 5757

0 C. REMANDS (sum of lines C1+C2+C3) 2. COUNSELOR 4 1

0 C.1. REMANDS (NOT INCLUDED IN A OR B) a. FULL-TIME 1 25.00 1 100.00

0 C.2. REMANDS (INCLUDED IN A OR B) b. PART-TIME 0 0.00 0 0.00

0 C.3. NUMBER OF ADDITIONAL REMANDS IN THIS REPORTING c. COLLATERAL DUTY 3 75.00 0 0.00

PERIOD THAT ARE NOT CAPTURED IN C.1 OR C.2 ABOVE

0 C.4. ADDITIONAL CLOSURES IN THIS REPORTING PERIOD NOT 3. INVESTIGATOR 0 13

REFLECTED IN F. OR H. THAT RESULTED FROM REMANDS a. FULL-TIME 0 0.00 13 100.00

b. PART-TIME 0 0.00 0 0.00

65 D. TOTAL COMPLAINTS (sum of lines A+B+C1) c. COLLATERAL DUTY 0 0.00 0 0.00

63 E. COMPLAINTS IN LINE D THAT WERE NOT CONSOLIDATED 4. COUNSELOR/INVESTIGATOR 0 0

a. FULL-TIME 0 0.00 0 0.00

27 F. COMPLAINTS IN LINE E CLOSED DURING REPORT PERIOD b. PART-TIME 0 0.00 0 0.00

c. COLLATERAL DUTY 0 0.00 0 0.00

2 G. COMPLAINTS IN LINE D THAT WERE CONSOLIDATED B. AGENCY & CONTRACT STAFF TRAINING

2 H. COMPLAINTS IN LINE G CLOSED DURING REPORT PERIOD COUNS/INVESTIG

AGENCY CONTRACT AGENCY CONTRACT AGENCY CONTRACT

36 I. COMPLAINTS ON HAND AT THE END OF THE 1. STAFF - TOTAL 4 1 0 13 0 0

REPORTING PERIOD (Line D - (F+H)) + [(C2 + C3) - C4] a. NEW STAFF RECEIVING AT LEAST

32 HOURS OF TRAINING 0 0 0 0 0 0

30 J. INDIVIDUALS FILING COMPLAINTS (Complainants) b. EXPERIENCED STAFF RECEIVING

AT LEAST 8 HOURS

1 K. NUMBER OF JOINT PROCESSING UNITS FROM OF TRAINING 4 1 0 13 0 0

CONSOLIDATION OF COMPLAINTS c. TRAINING REQUIREMENT

NOT MET 0 0 0 0 0 0

2. EXPERIENCED STAFF (ES) - TOTAL 0 0 0 0 0 0

a. ES RECEIVING REQUIRED

8 OR MORE HOURS 0 0 0 0 0 0

b. ES RECEIVING 32 OR

MORE HOURS, GENERALLY

GIVEN TO NEW STAFF 0 0 0 0 0 0

c. ES RECEIVING NO

TRAINING AT ALL 0 0 0 0 0 0

C. REPORTING LINE

1 EEO DIRECTOR'S NAME: Nikita Pearson

1a. DOES THE EEO DIRECTOR REPORT TO THE AGENCY HEAD? YES NO

MUST use 'X' to designate response to question X

2. IF NO, WHO DOES THE EEO DIRECTOR REPORT TO?

PERSON:

TITLE:

3. WHO IS RESPONSIBLE FOR THE DAY-TO-DAY OPERATION OF THE EEO

PROGRAM IN YOUR DEPARTMENT/AGENCY/ORGANIZATION?

PERSON: Michael Moran

TITLE: Chief

4 WHO DOES THAT PERSON REPORT TO?

PERSON: Brian Guy

TITLE: Senior Deputy Director

COUNSELORS INVESTIGATORS

A. AGENCY & CONTRACT RESOURCES

AGENCY CONTRACT

EEOC FORM 462 (REVISED SEPTEMBER 2022) page 2
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I 

NONPUBLIC//FDIC INTERNAL ONLY#

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS

(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)

AGENCY OR DEPARTMENT: FDIC REPORTING PERIOD: FY2023

RACE COLOR RELIGION REPRISAL TOTAL TOTAL ALL TOTAL ALL

ALL BASES COMPLAINTS COMPLAINANTS

AMER. INDIAN/ ASIAN NATIVE HAWAIIAN WHITE TWO OR MORE BY ISSUE BY ISSUE BY ISSUE

ALASKA /OTHER PACIFIC RACES

NATIVE ISLANDER

0 0 0 2 1 0 3 0 7 22 7 5

0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 1 0 0 0 0 1 4 1 1

0 0 0 0 0 0 0 0 0 0 0 0

0 3 0 1 0 0 0 3 4 20 2 2

0 1 0 0 0 0 0 1 1 5 1 1

0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0 0

0 1 0 0 0 0 0 1 1 5 1 1

0 0 0 0 0 0 0 0 0 0 0 0

0 1 0 1 0 0 0 1 2 10 3 3

0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 1 1 0 0 0 2 8 4 4

0 0 0 0 0 0 0 0 0 0 0 0

0 1 0 5 0 0 0 1 6 27 10 10

0 1 0 5 0 0 0 1 6 26 9 9

0 1 1 1

0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 2 1 1

0 0 0 5 1 0 1 0 5 29 11 11

0 0 0 3 0 0 1 0 1 7 3 3

0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 1 6 3 3

0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 2 0 0 1 0 0 7 4 4

0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 1 0 0 0 0 2 9 5 5

0 0 0 0 0 0 0 0 0 0 0 0

0 1 0 6 0 0 0 2 8 34 10 10

0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0

0 5 0 27 3 0 6 6 37

0 1 0 12 3 0 5 1 17

0 1 0 12 3 0 5 1 15

PART IV - BASES AND ISSUES ALLEGED IN COMPLAINTS FILED (Part 1)

BASES OF ALLEGED DISCRIMINATION

ISSUES OF

BLACK/

AFRICAN

AMERICAN

ALLEGED

DISCRIMINATION

7.

A. APPOINTMENT/HIRE

B. ASSIGNMENT OF DUTIES

C. AWARDS

D. CONVERSION TO FULL TIME/PERM STATUS

E. DISCIPLINARY ACTION

1. DEMOTION

2. REPRIMAND

3. SUSPENSION

4. REMOVAL

5. DISCIPLINARY WARNING

6. OTHER DISCIPLINARY ACTIONS

2. DIRECTED

F. DUTY HOURS

G. PERF. EVAL./APPRAISAL

H. EXAMINATION/TEST

I. HARASSMENT

1. NON-SEXUAL

2. SEXUAL

J. MEDICAL EXAMINATION

K. PAY INCLUDING OVERTIME

L. PROMOTION/NON-SELECTION

M. REASSIGNMENT

1. DENIED

1.

N. REASONABLE ACCOMMODATION DISABILITY

O. REINSTATEMENT

P. RELIGIOUS ACCOMMODATION

Q. RETIREMENT

R. SEX-STEROTYPING

S. TELEWORK

T. TERMINATION

U. TERMS/CONDITIONS OF EMPLOYMENT

V. TIME AND ATTENDANCE

W. TRAINING

X. OTHER TERMS/CONDITIONS OF EMPLOYMENT

2.

3.

4.

TOTAL ALL ISSUES BY BASES

TOTAL ALL COMPLAINTS FILED BY BASES

TOTAL ALL COMPLAINANTS BY BASES

EEOC FORM 462 (REVISED SEPTEMBER 2022) page 3a
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I I I I I 

I I I I I I I I 

I I 

NONPUBLIC//FDIC INTERNAL ONLY#

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS

(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)

AGENCY OR DEPARTMENT: FDIC REPORTING PERIOD: FY2023

BASES OF ALLEGED DISCRIMINATION

SEX PREGNANCY EQUAL AGE GINA TOTAL TOTAL ALL TOTAL ALL

DISCRIMINATION ACT PAY ACT ALL BASES COMPLAINTS COMPLAINANTS

ISSUES OF MALE FEMALE LGBT HISPANIC/ OTHER MALE FEMALE MENTAL PHYSICAL BY ISSUE BY ISSUE BY ISSUE

ALLEGED LATINO

DISCRIMINATION

A. APPOINTMENT/HIRE 0 3 0 0 0 0 6 0 0 0 22 7 5

B. ASSIGNMENT OF DUTIES 0 0 0 0 0 0 0 0 0 0 0 0 0

C. AWARDS 0 1 0 0 0 0 1 0 0 0 4 1 1

D. CONVERSION TO FULL TIME/PERM STATUS 0 0 0 0 0 0 0 0 0 0 0 0 0

E. DISCIPLINARY ACTION 0 1 0 0 0 3

1. DEMOTION 0 0 0 0 0 1

3. SUSPENSION 0 0 0 0 0 0

4. REMOVAL 0 0 0 0 0 1

6. OTHER DISCIPLINARY ACTIONS 0 1 0 0 0 1

G. PERF. EVAL./APPRAISAL 0 1 0 0 0 0

H. EXAMINATION/TEST 0 0 0 0 0 0

I. HARASSMENT 0 6 0 0 0 1

1. NON-SEXUAL 0 5 0 0 0 1

2. SEXUAL 0 1 0 0

J. MEDICAL EXAMINATION 0 0 0 0 0 0

K. PAY INCLUDING OVERTIME 0 1 0 0 0 0

L. PROMOTION/NON-SELECTION 2 3 0 0 1 0

M. REASSIGNMENT 0 1 0 0 0 0

5 0 0 0 20 2 2

1 0 0 0 5 1 1

2. REPRIMAND 0 0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0

1 0 0 0 5 1 1

5. DISCIPLINARY WARNING 0 0 0 0 0 0 0 0 0 0 0 0 0

3 0 0 0 10 3 3

7. 0 0 0 0 0 0 0 0 0 0 0 0 0

F. DUTY HOURS 0 0 0 0 0 0 0 0 0 0 0 0 0

2 0 1 0 8 4 4

0 0 0 0 0 0 0

4 1 2 0 27 10 10

4 1 2 0 26 9 9

1 1 1

0 0 0 0 0 0 0

0 1 0 0 0 0 2 1 1

6 2 3 0 29 11 11

1 0 0 0 7 3 3

1. DENIED 0 0 0 0 0 0 0 0 0 0 0 0 0

2. DIRECTED 0 0 0 0 0 0 0 0 0 0 0 0 0

N. REASONABLE ACCOMMODATION DISABILITY 0 2 3 0 6 3 3

O. REINSTATEMENT 0 0 0 0 0 0 0 0 0 0 0 0 0

P. RELIGIOUS ACCOMMODATION 0 0 0

Q. RETIREMENT 0 0 0 0 0 0 0 0 0 0 0 0 0

R. SEX-STEROTYPING 0 0 0 0 0 0

S. TELEWORK 0 0 0 0 0 0 0 0 0 0 0 0 0

T. TERMINATION 0 0 0 0 0 0 0 2 2 0 7 4 4

U. TERMS/CONDITIONS OF EMPLOYMENT 0 0 0 0 0 0 0 0 0 0 0 0 0

V. TIME AND ATTENDANCE 0 1 0 0 0 0 1 1 3 0 9 5 5

W. TRAINING 0 0 0 0 0 0 0 0 0 0 0 0 0

X. OTHER TERMS/CONDITIONS OF EMPLOYMENT 1 4 0 0 0 2 6 1 3 0 34 10 10

1. 0 0 0 0 0 0 0 0 0 0 0 0 0

2. 0 0 0 0 0 0 0 0 0 0 0 0 0

3. 0 0 0 0 0 0 0 0 0 0 0 0 0

4. 0 0 0 0 0 0 0 0 0 0 0 0 0

TOTAL ALL ISSUES BY BASES 3 22 0 0 1 6 0 1 32 9 17 0

TOTAL ALL COMPLAINTS FILED BY BASES 2 12 0 0 1 1 0 1 16 5 7 0

TOTAL ALL COMPLAINANTS BY BASES 2 12 0 0 1 1 0 1 14 5 7 0

PART IV - BASES AND ISSUES ALLEGED IN COMPLAINTS FILED (Part 2)

NATIONAL ORIGIN DISABILITY

EEOC FORM 462 (REVISED SEPTEMBER 2022) page 3b
NONPUBLIC//FDIC INTERNAL ONLY#

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS

(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)

AGENCY OR DEPARTMENT: FDIC REPORTING PERIOD: FY2023

PART IV C - BASES AND ISSUES ALLEGED IN SETTLEMENTS (Part 1)

BASES OF ALLEGED DISCRIMINATION IN SETTLEMENTS

RACE COLOR RELIGION REPRISAL

NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER

COUNSELING COUNSELINGS INDIVIDUALS COMPLAINT COMPLAINTS COMPLAINANTS ISSUES OF AMER. INDIAN/ ASIAN NATIVE HAWAIIAN WHITE TWO OR MORE

SETTLEMENT SETTLED SETTLED WITH SETTLEMENT SETTLED SETTLED WITH ALLEGED ALASKA /OTHER PACIFIC BLACK/ RACES

AFRICAN ALLEGATIONS BY ISSUE BY ISSUE ALLEGATIONS BY ISSUE BY ISSUE DISCRIMINATION IN SETTLEMENTS NATIVE ISLANDER AMERICAN

U. TERMS/CONDITIONS OF EMPLOYMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

Q. RETIREMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

O. REINSTATEMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2. DIRECTED 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1. DENIED 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

F. DUTY HOURS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

7. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

5. DISCIPLINARY WARNING 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2. REPRIMAND 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

D. CONVERSION TO FULL TIME/PERM STATUS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

B. ASSIGNMENT OF DUTIES 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

4. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

3. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

A. APPOINTMENT/HIRE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

C. AWARDS 0 0 0 2 0 0 2 0 1 0 0 0 13 2 1

E. DISCIPLINARY ACTION 0 0 0 1 0 0 0 1 0 3 1 1 0 0 0

1. DEMOTION 0 0 0 1 0 0 0 1 0 3 1 1 0 0 0

3. SUSPENSION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

4. REMOVAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

G. PERF. EVAL./APPRAISAL 0 0 0 1 1 0 1 0 0 2 1 1 6 1 1

H. EXAMINATION/TEST 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

I. HARASSMENT 0 0 0 2 0 0 1 0 2 0 0 0 11 3 3

1. NON-SEXUAL 0 0 0 2 0 0 1 0 2 0 0 0 11 3 3

2. SEXUAL 0 0 0 0 0 0 0

J. MEDICAL EXAMINATION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

K. PAY INCLUDING OVERTIME 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

L. PROMOTION/NON-SELECTION 0 0 0 1 0 0 1 0 1 0 0 0 9 2 2

M. REASSIGNMENT 0 0 0 1 0 0 1 0 0 0 0 0 2 1 1

N. REASONABLE ACCOMMODATION DISABILITY 0 0 0 0 0 0 0

P. RELIGIOUS ACCOMMODATION 0 0 0 0 0 0 0 0

R. SEX-STEROTYPING 0 0 0 0 0 0

S. TELEWORK 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

T. TERMINATION 0 0 0 2 0 0 1 0 2 0 0 0 3 2 2

V. TIME AND ATTENDANCE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

W. TRAINING 0 0 0 1 0 0 1 0 0 0 0 0 6 1 1

X. OTHER TERMS/CONDITIONS OF EMPLOYMENT 0 0 0 2 0 0 1 0 0 0 0 0 10 2 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

6. OTHER DISCIPLINARY ACTIONS

1. COUNSELING SETTLEMENT ALLEGATIONS 0 0 0 1 1 0 0 1 0

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I 

I 

I 

I 

I 

I 

I 

I 

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS

(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)

AGENCY OR DEPARTMENT: FDIC REPORTING PERIOD: FY2023

SEX PREGNANCY EQUAL AGE GINA

DISCRIMINATION ACT NUMBER NUMBER NUMBER NUMBER NUMBER NUMBER

ISSUES OF MALE FEMALE LGBT HISPANIC/ OTHER MALE FEMALE MENTAL PHYSICAL COUNSELING COUNSELINGS INDIVIDUALS COMPLAINT COMPLAINTS COMPLAINANTS

ALLEGED LATINO SETTLEMENT SETTLED SETTLED WITH SETTLEMENT SETTLED SETTLED WITH

DISCRIMINATION IN SETTLEMENTS ALLEGATIONS BY ISSUE BY ISSUE ALLEGATIONS BY ISSUE BY ISSUE

A. APPOINTMENT/HIRE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

B. ASSIGNMENT OF DUTIES 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

C. AWARDS 0 0 0 0 0 2 2 0 2 0 0 0 0 13 2 1

D. CONVERSION TO FULL TIME/PERM STATUS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

E. DISCIPLINARY ACTION 0 1 0 0 0 0 0 0 0 0 3 1 1 0 0 0

1. DEMOTION 0 1 0 0 0 0 0 0 0 0 3 1 1 0 0 0

2. REPRIMAND 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

3. SUSPENSION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

4. REMOVAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

5. DISCIPLINARY WARNING 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

6. OTHER DISCIPLINARY ACTIONS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

7. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

F. DUTY HOURS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

G. PERF. EVAL./APPRAISAL 0 1 0 0 0 1 1 0 2 0 2 1 1 6 1 1

H. EXAMINATION/TEST 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

I. HARASSMENT 0 3 0 0 0 1 1 0 1 0 0 0 0 11 3 3

1. NON-SEXUAL 0 3 0 0 0 1 1 0 1 0 0 0 0 11 3 3

2. SEXUAL 0 0 0 0 0 0 0 0 0 0

J. MEDICAL EXAMINATION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

K. PAY INCLUDING OVERTIME 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

L. PROMOTION/NON-SELECTION 0 1 0 0 0 1 1 1 2 0 0 0 0 9 2 2

M. REASSIGNMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 2 1 1

1. DENIED 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2. DIRECTED 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

N. REASONABLE ACCOMMODATION DISABILITY 0 0 0 0 0 0 0 0 0 0

O. REINSTATEMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

P. RELIGIOUS ACCOMMODATION 0 0 0 0 0 0

Q. RETIREMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

R. SEX-STEROTYPING 0 0 0 0 0 0 0 0 0

S. TELEWORK 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

T. TERMINATION 0 0 0 0 0 0 0 0 0 0 0 0 0 3 2 2

U. TERMS/CONDITIONS OF EMPLOYMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

V. TIME AND ATTENDANCE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

W. TRAINING 0 1 0 0 0 1 1 0 1 0 0 0 0 6 1 1

X. OTHER TERMS/CONDITIONS OF EMPLOYMENT 0 2 0 0 0 1 1 0 1 0 0 0 0 10 2 2

1. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

3. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

4. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1. COUNSELING SETTLEMENT ALLEGATIONS 0 1 0 0 0 0 0 0 0 0 1 0

1A. NUMBER OF COUNSELINGS SETTLED 0 1 0 0 0 0 0 0 0 0 1 0

1B. NUMBER OF COUNSELEES SETTLED WITH 0 1 0 0 0 0 0 0 0 0 1 0

2. COMPLAINT SETTLEMENT ALLEGATIONS 0 8 0 0 0 7 0 0 7 1 8 0

2A. NUMBER OF COMPLAINTS SETTLED 0 4 0 0 0 2 0 0 2 1 3 0

2B. NUMBER OF COMPLAINANTS SETTLED WITH 0 3 0 0 0 1 0 0 1 1 2 0

EEOC FORM 462 (REVISED SEPTEMBER 2022) page 3c

PART IV C - BASES AND ISSUES ALLEGED IN SETTLEMENTS (Part 2)

BASES OF ALLEGED DISCRIMINATION IN SETTLEMENTS

NATIONAL ORIGIN DISABILITY

PAY ACT

NONPUBLIC//FDIC INTERNAL ONLY#
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I I I I I I I I I I I I 

I I I I I 

I I I I I 

I I I I I 

I I I I I 

I I I I I I 

I I I I I I 

I I I I I I 

I I I I I I I I I 

I I I I I I I I I 

I I I I I I I I I 

I I I I I I I I I 

I I I I I I I I I 

I I I I I 

I I I I I 

#

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS

(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)

AGENCY OR DEPARTMENT: FDIC REPORTING PERIOD: FY2023

PART IV D - BASES AND ISSUES FOUND IN FADs AND FINAL ORDERS (Part 1)

A. APPOINTMENT/HIRE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

B. ASSIGNMENT OF DUTIES 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

C. AWARDS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

D. CONVERSION TO FULL TIME/PERM STATUS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

E. DISCIPLINARY ACTION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1. DEMOTION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2. REPRIMAND 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

3. SUSPENSION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

4. REMOVAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

5. DISCIPLINARY WARNING 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

6. OTHER DISCIPLINARY ACTIONS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

7. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

F. DUTY HOURS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

G. PERF. EVAL./APPRAISAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

H. EXAMINATION/TEST 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

I. HARASSMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1. NON-SEXUAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2. SEXUAL 0 0 0 0 0 0 0 0 0

J. MEDICAL EXAMINATION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

K. PAY INCLUDING OVERTIME 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

L. PROMOTION/NON-SELECTION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

M. REASSIGNMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1. DENIED 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2. DIRECTED 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

N. REASONABLE ACCOMMODATION DISABILITY 0 0 0 0 0 0 0 0 0

O. REINSTATEMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

P. RELIGIOUS ACCOMMODATION 0 0 0 0 0 0 0 0 0 0

Q. RETIREMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

R. SEX-STEROTYPING 0 0 0 0 0 0 0 0

S. TELEWORK 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

T. TERMINATION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

U. TERMS/CONDITIONS OF EMPLOYMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

V. TIME AND ATTENDANCE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

W. TRAINING 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

X. OTHER TERMS/CONDITIONS OF EMPLOYMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

3. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

4. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1. FINAL AGENCY DECISION FINDINGS 0 0 0 0 0 0 0 0 0

1A. NUMBER OF FADs WITH FINDINGS 0 0 0 0 0 0 0 0 0

1B. NUMBER OF COMPLAINANTS ISSUED FAD FINDINGS 0 0 0 0 0 0 0 0 0

2. AJ DECISION FINDINGS 0 0 0 0 0 0 0 0 0

2A. NUMBER AJ DECISIONS WITH FINDINGS 0 0 0 0 0 0 0 0 0

3. FINAL AGENCY ORDER FINDINGS FULLY IMPLEMENTED 0 0 0 0 0 0 0 0 0

3A. # OF FINAL ORDERS (FOs) WITH FINDINGS IMPLEMENTED 0 0 0 0 0 0 0 0 0

3B. # COMPLAINANTS ISSUED FOs WITH FINDINGS IMPLEMENTED 0 0 0 0 0 0 0 0 0

BASES OF ALLEGED DISCRIMINATION FOUND IN FADs AND FINAL ORDERS

RACE COLOR RELIGION REPRISAL NUMBER NUMBER NUMBER NUMBER NUMBER

FAD OF FADS COMPLAINANTS AJ DECISION AJ DECISIONS

ISSUES OF ALLEGED DISCRIMINATION AMER. INDIAN/ ASIAN NATIVE HAWAIIAN WHITE TWO OR MORE FINDINGS WITH FINDINGS ISSUED FAD FINDINGS WITH FINDINGS

FOUND IN FADs ALASKA /OTHER PACIFIC RACES BY ISSUE ISSUED FINDINGS BY ISSUE BY ISSUE BY ISSUE

AND FINAL ORDERS NATIVE ISLANDER

BLACK/ AFRICAN

AMERICAN

NUMBER FINAL

ORDER FINDINGS

FULLY IMPLEMENTED

BY ISSUE

# FINAL ORDERS # COMPLAINANTS ISSUED

W/ FINDINGS FULLY FINAL ORDERS W/ FINDINGS

IMPLEMENTED FULLY IMPLEMENTED

BY ISSUE BY ISSUE

EEOC FORM 462 (REVISED SEPTEMBER 2022) page 3a

NONPUBLIC//FDIC INTERNAL ONLY
NONPUBLIC//FDIC INTERNAL ONLY#

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS

(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)

AGENCY OR DEPARTMENT: FDIC REPORTING PERIOD: FY2023

SEX PREGNANCY EQUAL AGE GINA NUMBER NUMBER OF FADs NUMBER NUMBER NUMBER NUMBER # FINAL ORDERS # COMPLAINANTS ISSUED

DISCRIMINATION ACT FAD WITH COMPLAINANTS ISSUED AJ DECISION AJ DECISIONS FINAL ORDER W/ FINDINGS FULLY FINAL ORDERS W/ FINDINGS

ISSUES OF ALLEGED DISCRIMINATION MALE FEMALE LGBT HISPANIC/ OTHER MALE FEMALE MENTAL PHYSICAL FINDINGS FINDINGS FAD FINDINGS FINDINGS WITH FINDINGS FINDINGS FULLY IMPLEMENTED FULLY IMPLEMENTED

FOUND IN FADs LATINO BY ISSUE ISSUED BY ISSUE BY ISSUE BY ISSUE IMPLEMENTED BY ISSUE BY ISSUE BY ISSUE

AND FINAL ORDERS

A. APPOINTMENT/HIRE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

B. ASSIGNMENT OF DUTIES 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

C. AWARDS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

D. CONVERSION TO FULL TIME/PERM STATUS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

E. DISCIPLINARY ACTION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1. DEMOTION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2. REPRIMAND 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

3. SUSPENSION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

4. REMOVAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

5. DISCIPLINARY WARNING 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

6. OTHER DISCIPLINARY ACTIONS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

7. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

F. DUTY HOURS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

G. PERF. EVAL./APPRAISAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

H. EXAMINATION/TEST 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

I. HARASSMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1. NON-SEXUAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2. SEXUAL 0 0 0 0 0 0 0 0 0 0 0 0

J. MEDICAL EXAMINATION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

K. PAY INCLUDING OVERTIME 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

L. PROMOTION/NON-SELECTION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

M. REASSIGNMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1. DENIED 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2. DIRECTED 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

N. REASONABLE ACCOMMODATION DISABILITY 0 0 0 0 0 0 0 0 0 0 0 0

O. REINSTATEMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

P. RELIGIOUS ACCOMMODATION 0 0 0 0 0 0 0 0

Q. RETIREMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

R. SEX-STEROTYPING 0 0 0 0 0 0 0 0 0 0 0

S. TELEWORK 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

T. TERMINATION 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

U. TERMS/CONDITIONS OF EMPLOYMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

V. TIME AND ATTENDANCE 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

W. TRAINING 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

X. OTHER TERMS/CONDITIONS OF EMPLOYMENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

2. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

3. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

4. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

1. FINAL AGENCY DECISION FINDINGS 0 0 0 0 0 0 0 0 0 0 0 0

1A. NUMBER OF FADs WITH FINDINGS 0 0 0 0 0 0 0 0 0 0 0 0

1B. NUMBER OF COMPLAINANTS ISSUED FAD FINDINGS 0 0 0 0 0 0 0 0 0 0 0 0

2. AJ DECISION FINDINGS 0 0 0 0 0 0 0 0 0 0 0 0

2A. NUMBER AJ DECISIONS WITH FINDINGS 0 0 0 0 0 0 0 0 0 0 0 0

3. FINAL AGENCY ORDER FINDINGS FULLY IMPLEMENTED 0 0 0 0 0 0 0 0 0 0 0 0

3A. # OF FINAL ORDERS (FOs) WITH FINDINGS IMPLEMENTED 0 0 0 0 0 0 0 0 0 0 0 0

3B. # COMPLAINANTS ISSUED FOs WITH FINDINGS IMPLEMENTED 0 0 0 0 0 0 0 0 0 0 0 0

EEOC FORM 462 (REVISED SEPTEMBER 2022) page 3c

PART IV D - BASES AND ISSUES FOUND IN FADs AND FINAL ORDERS (Part 2)

BASES OF ALLEGED DISCRIMINATION FOUND IN FADs AND FINAL ORDERS

NATIONAL ORIGIN DISABILITY

PAY ACT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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I I I I I I I I I 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I 

AGENCY OR DEPARTMENT: FDIC REPORTING PERIOD: FY2023

PART V - SUMMARY OF CLOSURES BY STATUTE

A. STATUTE (IF A SINGLE COMPLAINT HAS MULTIPLE STATUTES RECORD EACH ON THE APPROPRIATE LINE.)

19 1. TITLE VII

0 1a. PREGNANCY DISCRIMINATION ACT (PDA)

16 2. AGE DISRIMINATION IN EMPLOYMENT ACT (ADEA)

9 3. REHABILITATION ACT

0 4. EQUAL PAY ACT (EPA)

0 5. GENETIC INFORMATION NONDISCRIMINATION ACT (GINA)

B. TOTAL BY STATUTES

44 THIS NUMBER MAY BE LARGER THAN THE TOTAL NUMBER OF COMPLAINTS CLOSED.

(A1+A1a+A2+A3+A4+A5)

PART VI - SUMMARY OF CLOSURES BY CATEGORY

TOTAL TOTAL AVERAGE

NUMBER DAYS DAYS

A. TOTAL NUMBER OF CLOSURES (1+2+3)

1. WITHDRAWALS

a. NON-ADR WITHDRAWALS

b. ADR WITHDRAWALS

2. SETTLEMENTS

a. NON-ADR SETTLEMENTS

b. ADR SETTLEMENTS

3. FINAL AGENCY ACTIONS ( B+C )

B. FINAL AGENCY DECISIONS WITHOUT AN ADMINISTRATIVE JUDGE DECISION (1+2+3)

1. FINDING DISCRIMINATION

2. FINDING NO DISCRIMINATION

3. DISMISSAL OF COMPLAINTS

C. FINAL AGENCY ORDERS WITH AN ADMINISTRATIVE JUDGE (AJ) DECISION (1+2)

1. AJ DECISION FULLY IMPLEMENTED (a+b+c)

(a) FINDING DISCRIMINATION

(b) FINDING NO DISCRIMINATION

(c) DISMISSAL OF COMPLAINTS

2. AJ DECISION NOT FULLY IMPLEMENTED (a+b+c)

(a) FINDING DISCRIMINATION (i+ii+iii)

i. AGENCY APPEALED FINDING BUT NOT REMEDY

ii. AGENCY APPEALED REMEDY BUT NOT FINDING

iii. AGENCY APPEALED BOTH FINDING AND REMEDY

(b) FINDING NO DISCRIMINATION

(c) DISMISSAL OF COMPLAINTS

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS

(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)

29 11673 402.52

4 822 205.50

4 822 205.50

0 0 0.00

8 1880 235.00

8 1880 235.00

0 0 0.00

17 8971 527.71

8 3568 446.00

0 0 0.00

6 3367 561.17

2 201 100.50

9 5403 600.33

9 5403 600.33

0 0 0.00

8 4794 599.25

1 609 609.00

0 0 0.00

0 0 0.00

0 0 0.00

0 0 0.00

0 0 0.00

0 0 0.00

0 0 0.00

EEOC FORM 462 (REVISED SEPTEMBER 2022) page 5

NONPUBLIC//FDIC INTERNAL ONLY #
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NONPUBLIC//FDIC INTERNAL ONLY #

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS

(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)

AGENCY OR DEPARTMENT: FDIC REPORTING PERIOD: FY2023

PART VI - SUMMARY OF CLOSURES BY CATEGORY (Continued)

TOTAL TOTAL AVERAGE

NUMBER DAYS DAYS

D. FINAL AGENCY MERIT DECISIONS (FAD) ISSUED (1+2+3+4) 6 317 52.83

1. COMPLAINANT REQUESTED IMMEDIATE FAD (1a+1b) 0 0 0.00

a. AGENCY ISSUED FAD WITHIN 60 DAYS OF RECEIPT OF FAD REQUEST 0 0 0.00

b. AGENCY ISSUED FAD MORE THAN 60 DAYS BEYOND RECEIPT OF FAD REQUEST 0 0 0.00

2. COMPLAINANT DID NOT ELECT HEARING OR FAD (2a+2b) 2 91 45.50

a. AGENCY ISSUED FAD WITHIN 60 DAYS OF END OF 30-DAY ELECTION PERIOD 2 91 45.50

b. AGENCY ISSUED FAD MORE THAN 60 DAYS BEYOND END OF 30-DAY ELECTION PERIOD 0 0 0.00

3. HEARING REQUESTED; AJ RETURNED CASE TO AGENCY FOR FAD WITHOUT AJ DECISION (3a+3b) 4 226 56.50

a. AGENCY ISSUED FAD WITHIN 60 DAYS OF RECEIPT OF AJ RETURNED CASE FOR FAD ISSUANCE 4 226 56.50

b. AGENCY ISSUED FAD MORE THAN 60 DAYS AFTER RECEIPT OF AJ RETURNED CASE FOR FAD ISSUANCE 0 0 0.00

4. FINAL AGENCY DECISION ISSUED ON A MIXED CASE (4a+4b) 0 0 0.00

a. AGENCY ISSUED FAD WITHIN 45 DAYS AFTER INVESTIGATION 0 0 0.00

b. AGENCY ISSUED FAD MORE THAN 45 DAYS AFTER INVESTIGATION 0 0 0.00

PART VII - SUMMARY OF FORMAL COMPLAINTS CLOSED BY TYPES OF BENEFITS

NUMBER AMOUNT

A. TOTAL COMPLAINTS CLOSED WITH BENEFITS 8

B. TOTAL CLOSURES WITH MONETARY BENEFITS TO COMPLAINANT 4 108,500.00

1. BACK PAY/FRONT PAY 0 0.00

2. LUMP SUM PAYMENT 4 108,500.00

3. COMPENSATORY DAMAGES 0 0.00

4. ATTORNEY FEES AND COSTS 0 0.00

5. OTHER MONETARY BENEFITS 0 0.00

6. 0 0

D. INTENTIONALLY LEFT BLANK

E. TOTAL CLOSURES WITH NON-MONETARY BENEFITS TO COMPLAINANT 7 NUMBER OF CLOSURES THAT RECEIVED NUMBER OF CLOSURES THAT RECEIVED ONLY F. TYPES OF BENEFITS IN NON-MONETARY CLOSURES MONETARY BENEFITS AS WELL NON-MONETARY BENEFITS

1. HIRES 0 0

a. RETROACTIVE 0 0

b. NON-RETROACTIVE 0 0

2. PROMOTIONS 1 1

a. RETROACTIVE 0 0

b. NON-RETROACTIVE 0 0

3. EXPUNGEMENTS 2 0

4. REASSIGNMENTS 0 0

5. REMOVALS RESCINDED 1 1

a. REINSTATEMENT 0 0

b. VOLUNTARY RESIGNATION 0 0

6. ACCOMMODATIONS 0 0

7. TRAINING 0 1

8. APOLOGY 0 0

9. DISCIPLINARY ACTIONS 0 0

a. RESCINDED 0 0

b. MODIFIED 0 0

10. PERFORMANCE EVALUATION MODIFIED 0 0

11. LEAVE RESTORED 0 0

12. NEUTRAL REFERENCE 0 0

13. OTHER NON-MONETARY BENEFITS 0 1

14. 0 0

EEOC FORM 462 (REVISED SEPTEMBER 2022) page 6
NONPUBLIC//FDIC INTERNAL ONLY #

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS

(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)

AGENCY OR DEPARTMENT: FDIC REPORTING PERIOD: FY2023

PART VIII - SUMMARY OF PENDING COMPLAINTS BY CATEGORY

NUMBER NUMBER AVERAGE DAYS PENDING OLDEST CASE EEOC

A. TOTAL COMPLAINTS PENDING (SAME AS PART II Line I) PENDING OF DAYS DAYS OLDEST CASE HEARING #

(1+1a+2+3+4) 36 10389

1. COMPLAINTS PENDING WRITTEN NOTIFICATION

(Acknowledgement Letter) 0 0 0.00 0

1a. COMPLAINTS PENDING DECISION TO ACCEPT/DISMISS 7 383 54.71 148

2. COMPLAINTS PENDING IN INVESTIGATION 12 1285 107.08 254

2a. COMPLAINTS PENDING 180 DAY INVESTIGATION NOTICE 0 0 0.00 0

3. COMPLAINTS PENDING IN HEARINGS 9 4974 552.67 1018 450-2021-00299X

4. COMPLAINTS PENDING A FINAL AGENCY ACTION 8 3747 468.38 1025

PART IX - SUMMARY OF INVESTIGATIONS COMPLETED

TOTAL TOTAL DAYS AVERAGE

A. INVESTIGATIONS COMPLETED DURING REPORTING PERIOD (1+3) 21 4780 227.62

AGENCY INVESTIGATIONS

1. INVESTIGATIONS COMPLETED BY AGENCY PERSONNEL (a+b+c) 0 0 0.00

a. INVESTIGATIONS COMPLETED IN 180 DAYS OR LESS 0 0 0.00

b. INVESTIGATIONS COMPLETED IN 181 - 360 DAYS 0 0 0.00

1. TIMELY COMPLETED INVESTIGATIONS 0 0 0.00

2. UNTIMELY COMPLETED INVESTIGATIONS 0 0 0.00

c. INVESTIGATIONS COMPLETED IN 361 OR MORE DAYS 0 0 0.00

2. AGENCY INVESTIGATION COSTS $0.00 $0.00

CONTRACT INVESTIGATIONS

3. INVESTIGATIONS COMPLETED BY CONTRACTORS (a+b+c) 21 4780 227.62

a. INVESTIGATIONS COMPLETED IN 180 DAYS OR LESS 11 1765 160.45

b. INVESTIGATIONS COMPLETED IN 181 - 360 DAYS 8 2166 270.75

1. TIMELY COMPLETED INVESTIGATIONS 8 2166 270.75

2. UNTIMELY COMPLETED INVESTIGATIONS 0 0 0.00

c. INVESTIGATIONS COMPLETED IN 361 OR MORE DAYS 2 849 424.50

4. CONTRACTOR INVESTIGATION COSTS $106,536.29 $5,073.16

EEOC FORM 462 (REVISED SEPTEMBER 2022) page 7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NONPUBLIC//FDIC INTERNAL ONLY#

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS

(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)

AGENCY OR DEPARTMENT: FDIC REPORTING PERIOD: FY2023

PART X - SUMMARY OF ADR PROGRAM ACTIVITIES

INFORMAL PHASE (PRE-COMPLAINT)

A. INTENTIONALLY LEFT BLANK

B. ADR ACTIONS IN COMPLETED/ENDED COUNSELINGS COUNSELINGS INDIVIDUALS

1. ADR OFFERED BY AGENCY 46 43

2. REJECTED BY INDIVIDUAL (COUNSELEE) 16 14

3. INTENTIONALLY LEFT BLANK

4. TOTAL ACCEPTED INTO ADR PROGRAM 30 28

C. ADR RESOURCES USED IN COMPLETED/ENDED COUNSELINGS (TOTALS) 25 25

1. INHOUSE 0 0

2. EXTERNAL 25 25

3. PRIVATE ORGANIZATIONS, (e.g., CONTRACTORS,

BAR ASSOCIATIONS, INDIVIDUAL VOLUNTEERS

OR COLLEGE/UNIVERSITY PERSONNEL) 0 0

4. MULTIPLE RESOURCES USED 0 0

5. FEDERAL EXECUTIVE BOARD 0 0

6. 0 0

7. 0 0

DAYS AVERAGE DAYS

D. ADR TECHNIQUES USED IN COMPLETED/ENDED COUNSELINGS (TOTALS) 0 0 0 0

1. MEDIATION 0 0 0 0

2. SETTLEMENT CONFERENCES 0 0 0 0

3. EARLY NEUTRAL EVALUATIONS 0 0 0 0

4 FACTFINDING 0 0 0 0

5. FACILITATION 0 0 0 0

6 OMBUDSMAN 0 0 0 0

7. PEER REVIEW 0 0 0 0

8. MULTIPLE TECHNIQUES USED (Please specify in a comment box) 0 0 0 0

9. 0 0 0 0

10. 0 0 0 0

E. STATUS OF ADR CASES IN COMPLETED/ENDED COUNSELINGS COUNSELINGS INDIVIDUALS DAYS AVERAGE DAYS

1. TOTAL CLOSED 29 28 2133 73.55

a. SETTLEMENTS WITH BENEFITS (Monetary and Non-monetary) 1 1 113 113.00

b. NO FORMAL COMPLAINT FILED 9 9 520 57.78

c. COMPLAINT FILED

i. NO RESOLUTION 12 12 1177 98.08

ii. NO ADR ATTEMPT (aka Part X.E.1.d) 4 4 120 30.00

e. DECISION TO FILE COMPLAINT PENDING AT THE END OF THE REPORTING PERIOD 3 3 203 67.67

2. INTENTIONALLY LEFT BLANK

EEOC FORM 462 (REVISED SEPTEMBER 2022) page 8
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I I I 

I I 

I I 

I I 

I I 

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS

(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)

AGENCY OR DEPARTMENT: FDIC REPORTING PERIOD: FY2023

PART XI - SUMMARY OF ADR PROGRAM ACTIVITIES

FORMAL PHASE (COMPLAINT FILED)

B. ADR ACTIONS IN COMPLAINT CLOSURES

1 ADR OFFERED BY AGENCY

2. REJECTED BY COMPLAINANT

COMPLAINTS COMPLAINANTS

0 0

0 0

3.

4.

4.

5.

6.

7.

1.

2.

3.

4.

INTENTIONALLY LEFT BLANK

TOTAL ACCEPTED INTO ADR PROGRAM

C. ADR RESOURCES USED IN COMPLAINT CLOSURES (TOTALS)

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

1 INHOUSE

2.

3. PRIVATE ORGANIZATIONS, (e.g., CONTRACTORS,

BAR ASSOCIATIONS, INDIVIDUAL VOLUNTEERS

OR COLLEGE/UNIVERSITY PERSONNEL)

MULTIPLE RESOURCES USED

FEDERAL EXECUTIVE BOARD

D. ADR TECHNIQUES USED IN COMPLAINT CLOSURES (TOTALS)

MEDIATION

SETTLEMENT CONFERENCES

EARLY NEUTRAL EVALUATIONS

FACTFINDING

EXTERNAL

0

0

0

0

0

0

0

0

0

0

0

0

0

0

DAYS AVERAGE DAYS

0 0

0 0

0 0

0 0

0 0

5. FACILITATION 0 0

6. OMBUDSMAN

7. MINI-TRIALS

8. PEER REVIEW

9. MULTIPLE TECHNIQUES USED (Please specify in a comment box)

10.

11.

E. STATUS OF CASES IN COMPLAINT CLOSURES

1. TOTAL CLOSED

a. SETTLEMENTS WITH BENEFITS (Monetary and Non-monetary)

WITHDRAWAL FROM EEO PROCESS

COMPLAINTS

0

0

0

0

0

0

0

0

0

0

0

0

0

0

COMPLAINANTS

0

0

DAYS

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

AVERAGE DAYS

0.00

0.00

b. 0.00

c. NO RESOLUTION

d. NO ADR ATTEMPT

2. INTENTIONALLY LEFT BLANK

F. BENEFITS RECEIVED

1.

a. COMPENSATORY DAMAGES

LUMP SUM

MONETARY

COMPLAINTS

0

0

0

COMPLAINANTS

0

AMOUNT

0

0

0

0.00

0.00

b. BACKPAY/FRONTPAY

0

0

0

0

0

0

0

0

0

0

0

0

c.

d. ATTORNEY FEES AND COSTS

e. OTHER MONETARY BENEFITS

2. NON-MONETARY

a.

i. RETROACTIVE

ii. NON-RETROACTIVE

i. RETROACTIVE

ii. NON-RETROACTIVE

EXPUNGEMENTS

HIRES

0

0

0

0

0

0

0

0

0

0

0

0

0

0

b. PROMOTIONS

0

0

0

0

0

c.

d. REASSIGNMENTS

e.

i. REINSTATEMENT

ii. VOLUNTARY RESIGNATION

ACCOMMODATIONS

APOLOGY

DISCIPLINARY ACTIONS

i. RESCINDED

ii. MODIFIED

REMOVALS RESCINDED

0

0

0

0

0

0

0

f.

g.

h.

i.

TRAINING

0

0

0

0

0

0

0

0

0

j. PERFORMANCE EVALUATION MODIFIED

k. LEAVE RESTORED

l. NEUTRAL REFERENCE

m. OTHER NON-MONETARY BENEFITS

n.

EEOC FORM 462 (REVISED SEPTEMBER 2022)

0

0

0

0

0

0

0

0

0

0

0

0

0

0

page 9
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NONPUBLIC//FDIC INTERNAL ONLY #

ANNUAL FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS

(REPORTING PERIOD BEGINS OCTOBER 1ST AND ENDS SEPTEMBER 30TH)

AGENCY OR DEPARTMENT: FDIC REPORTING PERIOD: FY2023

PART XII - SUMMARY OF EEO ADR PROGRAM ACTIVITIES

EEO ADR RESOURCES

A. NO LONGER COLLECTED

B. EMPLOYEES THAT CAN PARTICIPATE IN EEO ADR 6195

C. RESOURCES THAT MANAGE EEO ADR PROGRAM (DOES NOT

INCLUDE NEUTRALS AS REPORTED IN PARTS X. & XI.) 2

1. IN-HOUSE FULL TIME (40 HOURS EEO ADR ONLY) 0

2. IN-HOUSE PART TIME (32 HOURS EEO ADR ONLY) 0

3. IN-HOUSE COLLATERAL DUTY (OTHERS/NON-CONTRACT) 2

4. CONTRACT (ANOTHER FEDERAL AGENCY/PRIVATE ORGANIZATIONS) 0

AMOUNT

D. EEO ADR FUNDING SPENT 13,260.00

E. EEO ADR CONTACT INFORMATION

1. NAME OF EEO ADR PROGRAM DIRECTOR / MANAGER Michael Moran

2. TITLE Chief, Eq. Opp. Comp. and Training

3. TELEPHONE NUMBER 703-835-0153

4. EMAIL mmoran@fdic.gov

F. EEO ADR PROGRAM INFORMATION MUST use 'X' to designate response to questions

YES NO

1. Does the agency require the alleged responsible management official to participate in EEO ADR? X

1a. If yes, is there a written policy requiring the participation?

2. Does the alleged responsible management official have a role in deciding if the case is appropriate for EEO ADR? X

The FY 2023 Form 462 report must be “Accepted/Finalized” by EEOC by October 31, 2023 to be considered timely.

EEOC FORM 462 (REVISED SEPTEMBER 2022) page 10
APPENDIX D 

FDIC POLICIES RELATING TO ANTI-DISCRIMINATION 
APPENDIX D1 

CIRCULAR 2710.1- Equal Opportunity Policy 
FDII TYPE AND NUMBER

Circular 2710.1 

CONTACT ITELEPHONE NUMBER 

FEDERAL DEPOSIT INSURANCE CORPORATION Melodee Brooks (703) 562-6225 

DIRECTIVE SYSTEM DATE 

November 20, 2015

DATE OF CANCELLATION (Bulletins Only) 

TO: 

FROM: 

SUBJECT: 

1. Purpose 

2. Revision 

3. Scope 

4. Background 

5. Policy 

All Employees and Contr 

Segundo Pereira 

Director, Office of 

Equal Opportunity Policy 

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. 

FDIC Circular 2710.1, Corporation's Policy on Equal Opportunity, 

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

This Circular applies to all employees, applicants for employment, 

and persons doing business, with or for the FDIC. 

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. 

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 1212/03 (6-99) 
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 2 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 3 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 4 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 5 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 6 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. 

Circular 2710.1 7 November 20, 2015 
APPENDIX D2 

DIRECTIVE 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. 
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. 

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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 

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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. 

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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. 

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 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; 

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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. 

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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. For more information on filing an EEO complaint, 

employees should visit the OMWI website, http://fdic01/division/OMWI/compl.html. 

Individuals can find contact information for the FDIC’s Equal Opportunity Compliance and 

Training Branch in OMWI at https://fdicnet.fdic.gov/content/omwi/home/eeo/antiharrassment.html. 

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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FDII 

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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9 
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 

2710.12, Records and Information Management;

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, and can find additional contact 

information on the FDIC internal website at https://fdicnet.fdic.gov/content/omwi/home/eeo/antiharrassment.html. 

FDIC’s Equal Opportunity Compliance and Training Branch in OMWI is available on the FDIC 

internal website at https://fdicnet.fdic.gov/content/omwi/home/eeo/anti-harrassment.html. 

For information on filing an EEO complaint, employees should visit the OMWI website, 

http://fdic01/division/OMWI/compl.html (FDIC internal website) or 

https://www.fdic.gov/about/diversity/eo/formalpro.html (FDIC.gov – FDIC external website). 

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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 

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APPENDIX D3 

DIRECTIVE 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.
Action Log

 

 

 

 

 

FDII 

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 2
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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 3
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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).

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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 5
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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.

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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 7
FDII 

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.

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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 9
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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 10
 

 

 

 

 

 

FDII 

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

Directive 2400.2 11
APPENDIX D4 

DIRECTIVE 2750.1- Disciplinary and Adverse Action 
FDIC DIRECTIVE 2750.01 

Brandon Milhorn 

Deputy to the Chairman, Chief of Staff, and Chief Operating Officer 

See approval(s) on Action Log 

Disciplinary and Adverse Actions 

PURPOSE 

This Directive sets forth Federal Deposit Insurance Corporation (FDIC) policy and guidelines for 

administering employee discipline and adverse actions. This Directive also establishes the 

authority and responsibility for taking appropriate corrective action for disciplinary and adverse 

actions when it is determined that such actions will promote the efficiency of the service. 

SCOPE 

This Directive applies to all FDIC employees except for those individuals working for the FDIC 

who are specifically excluded by law or Executive Order, including but not limited to: (a) 

individuals who are not defined as “employees” pursuant to Title 5, United States Code (U.S.C.), 

Sections 7501 or 7511; (b) reemployed annuitants; and (c) political appointees. This Directive 

does not apply to employees of the FDIC’s Office of Inspector General (OIG), because OIG has 

separate delegated authority to carry out disciplinary and adverse actions for OIG employees. 

AUTHORITIES 

 Title 5, U.S.C., Chapter 75, Adverse Actions 

 Title 5, Code of Federal Regulations (CFR), Part 752, Adverse Actions 

FORM(S) 

None. 

REVISION(S) 

This Directive supersedes 2750.1, Disciplinary and Adverse Actions, dated January 22, 1999. 
FOIi 

Action Log 

Submission Type 

(New, Pedestrian Change, 

Revision) 

Date Approved through Directive Management Center 

Revision 03/31/2021 Brandon Milhorn 

Summary of Changes (if applicable) 

This Directive has been completely rewritten and conforms to the standard template and upon 

approval renumbered to 2750.01. 

Directive 2750.01 

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Table of Contents 

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

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

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

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

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

A. Disciplinary Actions Covered ................................................................................. 5 

B. Adverse Actions Covered ...................................................................................... 6 

C. Alternative Discipline ............................................................................................. 8 

D. Pre-Action Investigation......................................................................................... 8 

E. Actions Not Covered.............................................................................................. 8 

Responsibilities...................................................................................................................... 9 

A. Human Resources Branch / Labor and Employee Relations Section ....................... 9 

B. Labor, Employment and Administration Section...................................................... 9 

C. Managers/Supervisors......................................................................................... 10 

D. Employees.......................................................................................................... 10 

Appendix ............................................................................................................................. 12 

Glossary of Terms................................................................................................................ 13 

Glossary of Acronyms .......................................................................................................... 15 

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Background 

The FDIC administers disciplinary and adverse actions in accordance with 5 U.S.C. Chapter 75 

and 5 CFR Part 752. 

Should the provisions of this Directive differ from the terms of any negotiated agreements 

between the FDIC and the National Treasury Employees Union (NTEU), the terms of the 

negotiated agreements take priority, provided they conform to federal law. Any negotiated 

agreements should be read in conjunction with this Directive. 

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Policy 

It is the FDIC’s policy that disciplinary and adverse actions will be taken to promote the 

efficiency of the federal service. Before taking any action under this Directive, 

managers/supervisors consult with a servicing Specialist in the Division of Administration 

(DOA), Human Resources Branch (HRB), Labor and Employee Relations Section (LERS) or 

their servicing Regional LERS Specialist (hereafter “LERS”), and Counsel in the Legal Division, 

Labor, Employment and Administration Section (LEAS). 

Managers/supervisors regularly monitor and evaluate employees’ performance and conduct and 

take corrective action if the performance or conduct falls below acceptable standards. 

Management may authorize that investigations into issues of performance or conduct be 

undertaken, as appropriate. Upon finding a sufficient basis for taking action, management may 

determine an appropriate penalty for the employee’s unacceptable performance or misconduct. 

When misconduct is substantiated, regardless of the type of misconduct, managers/supervisors 

work with LERS and LEAS to ensure that proportionate corrective action is taken, including 

disciplinary and adverse actions when appropriate based on the facts of the particular case and 

in accordance with relevant law. Managers/supervisors safeguard information regarding 

disciplinary and adverse actions and related investigations consistent with FDIC policies. 

A. Disciplinary Actions Covered: 

1. Letter of Reprimand (LOR) 

a. A LOR is a disciplinary action taken by management to address employee 

misconduct and/or unacceptable performance. 

b. A LOR is placed in the employee’s Official Personnel File (OPF) for two years. 

2. Suspension of 14 Calendar Days or Less 

a. A suspension of 14 calendar days or less is a disciplinary action taken by 

management to address employee misconduct and/or unacceptable performance. 

b. A Standard Form (SF)-50 documenting the suspension is placed in the employee’s 

OPF permanently. 

c. In connection with a suspension of 14 calendar days or less, an employee is entitled 

to: 

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1) Advance written notice that states the charge(s) and reason(s) for the proposed 

suspension; 

2) The right to representation by an attorney or other representative, including 

NTEU; 

3) The opportunity to review all material relied upon to support the proposal; 

4) The opportunity to submit a written and/or oral reply to the proposal and 

consideration of the reply before a decision is made; and 

5) A written decision before the effective date of the suspension. 

B. Adverse Actions Covered: 

1. Removal, Suspension for More Than 14 Calendar Days, Reduction in Grade, Reduction 

in Pay, or Furlough of 30 Calendar Days or Less. 

a. A removal, suspension for more than 14 calendar days, reduction in grade, and 

reduction in pay are adverse actions that can be taken to address employee 

misconduct and/or unacceptable performance. 

b. An SF-50 documenting any of these actions is placed in the employee’s OPF 

permanently. 

c. In connection with actions under this section, an employee is entitled to: 

1) A written notice that states the charge(s) and reason(s) for the proposed action at 

least 30 calendar days in advance of the effective date of any decision, except 

when the agency has reasonable cause to believe that the employee has 

committed a crime for which a sentence of imprisonment may be imposed; 

2) The right to representation by an attorney or other representative, including 

NTEU; 

3) The opportunity to review all materials relied upon to support the proposal; 

4) The opportunity to submit a written and/or oral reply to the proposal and 

consideration of the reply before a decision is made; and 

5) A written decision before the action is effective. As mandated by law or 

regulation, the decision will inform the employee of applicable appeal rights. 

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2. Indefinite Suspension 

a. An indefinite suspension is an adverse action that can be taken to address a conduct 

issue, but only under certain limited circumstances, including: 

1) When the agency has reasonable cause to believe an employee has committed 

a crime for which the employee could be imprisoned, pending the outcome of a 

criminal proceeding or any subsequent agency action following the conclusion of 

the criminal process; 

2) When the agency has legitimate concerns that an employee’s medical condition 

makes their continued presence in the workplace dangerous or inappropriate, 

pending a determination that the employee is fit for duty; or 

3) When an employee’s access to classified information has been suspended and 

the employee must have such access to perform their job – pending a final 

determination on the employee’s access to classified information. 

b. An employee who is suspended indefinitely is temporarily placed in a non-duty status 

without pay. 

c. An employee who is suspended indefinitely is entitled to: 

1) A written notice that states the charge(s) and reason(s) for the proposed 

suspension at least 30 calendar days in advance of the effective date of any 

decision, except when the agency has reasonable cause to believe that the 

employee has committed a crime for which a sentence of imprisonment may be 

imposed; 

2) The right to representation by an attorney or other representative, including 

NTEU; 

3) The opportunity to review all materials relied upon to support the proposal; 

4) The opportunity to submit a written and/or oral reply to the proposal and 

consideration of the reply before a decision is made; and 

5) A written decision before the suspension is effective (and at the earliest 

practicable date). As mandated by law or regulation, the decision will inform the 

employee of applicable appeal rights. 

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C. Alternative Discipline 

After proposing a disciplinary or adverse action and receiving the employee’s reply, 

management may offer an employee alternative discipline, in lieu of traditional discipline. 

LERS and LEAS advise management on forms of alternative discipline and implementation. 

Examples of alternative disciplinary action include last chance agreements and abeyance 

agreements. 

D. Pre-Action Investigation 

Before initiating a disciplinary or adverse action, management may authorize an 

investigation in collaboration with LERS and LEAS. Employees are required to cooperate 

fully in an administrative investigation. Failure to respond to requests for information, 

appear as a witness, or provide responses that are true, complete and correct may result in 

disciplinary or adverse action up to and including removal from federal service. 

E. Actions Not Covered 

This Directive does not apply to the following actions: 

1. Separation of individuals who committed misconduct before entrance on duty; 

2. Termination of individuals who do not meet the definition of an “employee” in accordance 

with 5 U.S.C. Sections 7501 or 7511, as applicable. 

3. Furloughs of more than 30 days processed under the reduction-in-force procedures set 

forth in 5 CFR Part 351; 

4. Voluntary actions (e.g., resignations) initiated by an employee; 

5. Termination of appointments in accordance with a term specified as a condition of 

employment; 

6. Reductions in an employee’s rate of pay required by law or regulation; 

7. Terminations of reemployed annuitants; and 

8. Actions taken under any other provision of law that exempts the action from 5 U.S.C. 

Chapter 75, Subchapter II. 

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Responsibilities 

A. HRB/LERS 

1. Advises managers/supervisors on employee conduct and performance issues and 

disciplinary options (including procedural/regulatory parameters); 

2. In collaboration with LEAS, makes decisions about the conduct of investigations, 

regardless of source (e.g., supervisor request, complaint pursuant to the FDIC’s antiharassment policy) or type (e.g., inquiry, formal investigation), including decisions about 

whether to initiate an investigation and the mechanics of such investigation (e.g., means, 

scope); 

3. In collaboration with LEAS, conducts investigations and advises mangers/supervisors of 

investigatory findings as well as options for disciplinary or adverse action that may exist 

under applicable statutes, regulations, and negotiated agreements; 

4. Drafts and reviews all disciplinary notices and applicable case files prior to issuance to 

ensure reasonableness of penalty and statutory/regulatory compliance; 

5. Consults with LEAS on disciplinary and adverse action proposals and decisions; 

6. Maintains disciplinary and adverse action files and an information system for tracking 

and periodically reporting the actions effected; 

7. In collaboration with LEAS, provides training to supervisors and employees concerning 

disciplinary and adverse action issues and procedures related to conduct and 

performance; and 

8. Serves as a resource for all FDIC staff concerning labor and employment issues.. 

B. LEAS 

1. In collaboration with LERS, makes decisions about the conduct of investigations, 

regardless of source (e.g., supervisor request, complaint pursuant to the FDIC’s antiharassment policy) or type (e.g., inquiry, formal investigation), including decisions about 

whether to initiate an investigation and the mechanics of such investigation (e.g., 

means, scope); 

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2. In collaboration with LERS, supervises investigations and advises supervisors and 

managers of investigatory findings as well as options for disciplinary or adverse action 

that may exist under applicable statutes, regulations, and negotiated agreements; 

3. In collaboration with LERS, reviews and approves disciplinary and adverse action 

notices prior to issuance to ensure that any discipline or adverse action is factually 

supported and complies with applicable statutes, regulations, negotiated agreements 

and case law; and 

4. Represents the FDIC in settlement negotiations and litigation matters before mediators, 

arbitrators, the Merit Systems Protection Board, the Equal Employment Opportunity 

Commission, the Federal Labor Relations Authority, as well as federal and state courts. 

C. Managers/Supervisors 

1. Promote a constructive work environment built upon transparent communication, mutual 

trust and respect for all to succeed, free from discrimination, retaliation and harassment; 

2. Advise employees regarding performance and conduct expectations; 

3. Consult and cooperate with the LERS and LEAS regarding employee misconduct and 

performance issues and timely initiate appropriate and consistent corrective action, as 

warranted; 

4. Promptly evaluate and document circumstances related to incidents of employee 

misconduct and poor performance with guidance from LERS and LEAS; 

5. Recognize and comply with the requirements of this Directive and the applicable 

provisions of collective bargaining agreements; 

6. Report misconduct to LERS specialist, LEAS counsel, and/or OIG, as appropriate. 

Failure to report misconduct may result in disciplinary action up to and including removal 

from federal service; and 

7. Safeguard information regarding disciplinary and adverse actions and related 

investigations consistent with FDIC policies. 

D. Employees 

1. Comply with established standards of conduct and performance, and request 

clarification, if necessary; 

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2. Report allegations of misconduct by both government employees and contractor 

personnel to supervisory or management officials; and 

3. Cooperate in administrative investigations by timely responding to requests for 

information, appearing as a witness, and providing responses that are true, complete 

and correct. 

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Appendix 

None. 

Directive 2750.01 

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Glossary of Terms 

Term Definition 

Abeyance Agreement 

A written and signed agreement in which the FDIC 

agrees to withhold implementation of a decision on a 

disciplinary or adverse action in abeyance for a 

specific period of time, in exchange for terms agreed to 

by the parties. 

Adverse Action 

An action taken against an employee pursuant to 5 

U.S.C. Chapter 75, Subchapter II, including 

suspensions without pay for more than 14 days, 

reductions in grade or pay, furloughs of 30 days or 

less, and removal. 

Alternative Discipline 

An effort, undertaken by a supervisor/manager, to 

address employee misconduct using a method other 

than traditional discipline. 

Charge 

A description of the offense in a disciplinary or adverse 

action, as stated in the proposed action and final 

decision. 

Day A calendar day (unless otherwise specified). 

Disciplinary Action 

An action taken against an employee pursuant to 5 

USC Chapter 75, Subchapter I, including reprimands 

and suspensions for 14 days and less. 

Furlough 

The placing of an employee in a temporary status 

without duties and pay because of lack of work or 

funds, or other non-disciplinary reasons. 

Indefinite Suspension 

The placement of an employee in a temporary status 

without duties and pay pending investigation, inquiry, 

criminal proceedings, or further agency action. 

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Term Definition 

Last Chance Agreement 

A written and signed agreement in which the FDIC 

agrees to withhold implementation of a decision on a 

removal in abeyance for a specific period of time, in 

exchange for terms agreed to by the parties. 

Letter of Reprimand 

A formal disciplinary action that remains in an 

employee’s Official Personnel Folder (OPF) for a 

period of two years. 

Reemployed Annuitant 

A CSRS or FERS retiree who is reemployed under 

conditions that do not terminate the CSRS or FERS 

annuity. 

Removal The involuntary termination of an individual’s 

employment with a federal agency. 

Suspension The placing of an employee in a temporary status 

without duties or pay. 

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Glossary of Acronyms 

Acronym Definition 

CSRS Civil Service Retirement System 

FERS Federal Employees’ Retirement System 

HRB Human Resources Branch 

LEAS Labor, Employment & Administration Section 

LERS Labor and Employee Relations Section 

LOR Letter of Reprimand 

NTEU National Treasury Employees Union 

OIG Office of Inspector General 

OPF Official Personnel Folder 

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STATISTICAL REPORT OF DISCRIMINATION COMPLAINTS REPORTING PERIOD: FY2022