The Federal Deposit Insurance Corp. (FDIC) announced the selection of a private attorney to serve as the agency’s independent transformation monitor to audit its ongoing efforts to implement recommendations for addressing findings of workplace harassment and abuse highlighted in a report published by the FDIC’s Office of the Inspector General.
Carrie Cohen, partner at Morrison Foerster LLP, will serve in this role, overseeing the agency’s efforts to implement recommendations for addressing issues of sexual harassment and bullying uncovered during an independent third-party review of the agency’s workplace culture, according to an agency press release. Cohen will provide monthly reports to the FDIC board and employees about the progress.
She serves as global co-chair of the firm’s DEI Strategy + Defense group, Investigations + White Collar Defense practice, and Women’s Strategy Committee, and previously served as an assistant U.S. attorney for the Southern District of New York (SDNY).
Cohen also served as an assistant to the New York Attorney General (NYAG), developing monitorship programs to address workplace culture issues and addressing compliance with those programs. Cohen designed several monitorships agreed to as part of consent decrees in systemic sexual harassment and discrimination matters and then assessed compliance with those monitorships. She also spent several years at NYAG assessing one of the longest-standing monitorships of a labor union pursuant to a consent decree in the SDNY related to racial and national origin discrimination and barriers to entry to apprenticeship programs.
Her appointment was approved following a competitive federal contracting process during which the FDIC solicited proposals from various law firms and consulting firms, prior to engaging in the interview process.
The FDIC has completed the following action items, some of which are considered foundational to the FDIC’s success in sustaining meaningful and positive changes to its culture:
- Obtained board approval to establish an Office of Professional Conduct (OPC) and Office of Equal Employment Opportunity (OEEO).
- Publicly posted and announced OPC and OEEO director job positions and received over 300 applications. Subject matter experts are conducting a thorough review of job applications to identify the most highly qualified applicants.
- Retained a transformation monitor and made significant progress in appointing an independent third-party advisor.
- Developed and seeking employee feedback on a new anti-fraternization policy.
- Finalizing a new anti-retaliation policy to protect complainants from retaliation and to take action against those found to have engaged in retaliation.
- Developed an interim case tracking system for harassment, discrimination and misconduct complaints.
- Realigned the anti-harassment program coordinator function to a full-time, professional and trained individual, with dedicated back-up support.
- Distributed report from third-party review of allegations of sexual harassment and interpersonal misconduct, as well as issues relating to the workplace culture at the FDIC.
- Created a female recruitment and retention task force to develop recommendations to address issues primarily impacting females in the workforce.
- Implemented a Student Residence Center (SRC) code of conduct that all visitors must review and sign before being allowed to stay at the residence center.
- Delivering anti-harassment prevention training with partners at the Equal Employment Opportunity Commission. As of Aug. 16, 40 training sessions have been delivered to 3,049 employees, including nearly all executives, managers and supervisors. On target to have all FDIC employees trained by year-end.
- Implementing new employee orientation that includes anti-harassment prevention training to all new FDIC hires.
- Published new guidance for renting vehicles to ensure employees have comfortable options when on travel status.
- Enhanced free counseling services available to employees by staffing counselors with expertise in harassment and discrimination.
- Established a toll-free 24/7 hotline staffed with live professional personnel to ensure immediate assistance for individuals in distress.
- Selected and coordinated a 360-degree assessment for senior leadership.
The following sections of the action plan are still in the process of being implemented:
- Developing a table of penalties to ensure that disciplinary actions are consistently applied and clearly communicated across the agency. The table of penalties will be published for employee review and comment.
- Drafting an anti-harassment directive that addresses recommendations made by the third-party independent firm and the office of inspector general.
- Finalizing a risk assessment memorandum to clearly document the impact of not addressing sexual harassment or other misconduct in a timely manner.
- Conducting a travel policy survey that solicits employees’ feedback on current FDIC travel regulations, as well as divisional/office and regional travel practices. Approximately 2,300 responses have been received.
- Working to engage one or more contractors with EEO expertise to conduct a barrier analysis and analysis of compensation practices.
- Updating leadership performance standards to better support accountability for sexual harassment detection and prevention.
- Incorporating employee feedback on an agency-wide code of conduct and modeling FDIC values document, that emphasizes FDIC’s organizational values.
- Implementing recommendations to empower local leadership (i.e., supervisors, CDACs, ergs, and NTEU) and engage employees to help improve the culture within local teams.
- Implementing recommendations to expand agency-wide resources for conflict management and resolution resources.
- Continuously delivering on an internal communication and outreach strategy developed in December 2023 to inform employees, enhance trust through transparency, and transform FDIC’s culture.
- Enhancing the agency’s external communication and outreach strategy to communicate the FDIC’s commitment to creating and maintaining a harassment- and discrimination-free environment.