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Careers

The Fair Chance to Compete for Jobs Act

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About the FDIC:

The Federal Deposit Insurance Corporation (FDIC) is an independent agency created by the Congress to maintain stability and public confidence in the nation's financial system. The FDIC insures deposits; examines and supervises financial institutions for safety, soundness, and consumer protection; makes large and complex financial institutions resolvable; and manages receiverships.

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The Fair Chance Act prohibits inquiries concerning an applicant's criminal history information unless the hiring agency has made a conditional (tentative) offer of employment to the applicant. An applicant may submit a complaint, or any other information, to the agency within 30 calendar days of the date of alleged non-compliance by contacting the Federal Deposit Insurance Corporation’s (FDIC) Human Resources Staffing Policy and Accountability team at FairChanceAct@fdic.gov.

Background

The Fair Chance to Compete for Jobs Act of 2019 (“Fair Chance Act”) prohibits Federal agencies from requesting that an applicant for Federal employment disclose criminal history record information before the agency makes a conditional offer of employment to that applicant. A criminal history inquiry is a written or oral request for criminal history. The Act is intended to ensure that every applicant receives a fair chance at employment, allowing the merits of an individual to include their qualifications and skills to be the primary criteria for hiring. The Fair Chance Act was designed to help qualified workers with arrests or conviction records compete fairly for employment in Federal agencies.

On October 2, 2023, the U.S. Office of Personnel Management (OPM) finalized its regulations for the Fair Chance Act. The regulations assist agencies like the Federal Deposit Insurance Corporation, in carrying out the provisions of the Act found in chapter 92 of title 5, United States Code. The regulations also provide a complaint process for applicants who believe they have been subjected to a violation of the Fair Chance Act and hold accountable Federal employees found to have committed such a violation.

Exceptions

The Fair Chance Act prohibition regarding criminal history inquiries does not apply to applicants being appointed to positions that: 1) require by statutory authority an inquiry before extending an employment offer; 2) require a determination of eligibility for access to classified information; 3) have been designated as sensitive regarding national security; 4) are dual status military technicians; and 5) are Federal law enforcement officers.

How to File a Complaint

The FDIC seeks to ensure that every applicant is treated fairly during the hiring process. As required by the Fair Chance Act, the FDIC has established procedures under which an applicant may submit a complaint, or any other information, if they believe they have been subjected to a violation of the Fair Chance Act. Applicants who wish to submit a written complaint to the FDIC must do so within 30 calendar days of the alleged violation by emailing FairChanceAct@fdic.gov. 

Complaint submissions should include all relevant information including: the applicant’s name and contact information; the name of the Division/Office within the FDIC where the vacancy was; the name and contact information of the employee (or contractor) who allegedly made the unlawful inquiry (if known); the date the alleged unlawful inquiry was made; the details regarding the job opportunity announcement applied to (job title, vacancy announcement number, etc.); whether a conditional employment offer was received by the applicant and, if so, the date of the offer; and copies of any documents or other evidence related to the complaint.

An applicant can select a representative of their choice to assist during the complaint process.

What to Expect After Submitting Your Complaint

FDIC will investigate all Fair Chance Act complaints that it receives. FDIC has the discretion to determine the appropriate fact finding methods to efficiently and thoroughly address the complaint. If the investigator needs additional information from the applicant, the investigator will contact the applicant who will be provided 10 calendar days to respond to the investigator’s request.

FDIC will develop an impartial and appropriate factual record adequate for the Office of Personnel Management (OPM) to make findings on the claim(s) raised by the complaint. FDIC will complete its investigation as expeditiously as possible and generally within 60 calendar days of when the complaint was received. Within 30 calendar days after the FDIC completes the investigation, it will submit an administrative report to OPM.

OPM will notify the FDIC and the employee who allegedly violated the Fair Chance Act of its assessment of the complaint. The applicant who made the complaint may submit a Freedom of Information Act (FOIA) request to obtain any releasable information about the investigation and outcome.

Additional Resources

Last Updated: October 2, 2024