June 2023 Federal Employment Law Training Group Newsletter
Sometimes, It Pays to Settle
Settlement rates in Federal employment law disputes before the MSPB trended upward in FY 2022, according to MSPB’s annual report. This isn’t surprising, as it coincides with the reinstatement of clean record provisions, which had been banned by Executive Order 13839 and corresponding OPM regulations.
The settlement rate in cases involving performance- and misconduct-based actions was 61 percent, and in Individual Right of Action (IRA) appeals it was 57 percent. At the peak of the “no clean record” era, settlement rates had dropped as low as 47 percent. While some people might feel morally opposed to settlements, they are often the most efficient way to resolve a dispute – and sometimes the only way to salvage the relationship between the employee and the supervisor. We’ll be discussing that later this summer during the virtual training Drafting Enforceable and Legally Sufficient Settlement Agreements on August 23.
In June’s newsletter, we discuss the importance of a prompt, effective response to harassment via sexting. We also have stories on disrespectful conduct, probationary periods, DEIA training, and whether a local CBA would trump national agency policy.
Take care,
Deborah J. Hopkins, FELTG President
Sexting on an Agency Cell Phone: Prompt Action Required
By Deborah J. Hopkins, June 14, 2023 A new case from the EEOC on hostile work environment harassment illustrates the importance of an agency’s actions in not only avoiding liability, but also (and more importantly) in protecting the victim from continued unwelcome...
The Good News: Words and Attitude Matter — and Can Justify Removal
By Ann Boehm, June 14, 2023 Frequently, folks in FELTG training classes ask how to handle an employee who is rude, or angry, or disruptive, or makes inappropriate comments, or writes inappropriate emails. Often, these folks mention complaints from other staff members...
A Painful (and Costly) Lesson About Last-Minute Probationary Removals
By Deborah J. Hopkins, June 14, 2023 We get a lot of questions about probationary periods. There can be confusion if employees switch agencies, are rehired after a break in service, or have veterans’ preference. The end date of an employee’s initial appointment...
Get Up Federal Workplaces: Make DEIA (and B) Training Your Jam!
By Dan Gephart, June 14, 2023 Several years ago, Verna Myers, VP of Inclusion Strategy at Netflix, explained the focus of her job by telling attendees at a Cleveland Bar event: “Diversity is being invited to the party, but inclusion is being asked to dance.” Several...
Ask FELTG: Does a Local CBA Trump an Agency’s Nationwide Policy?
June 14, 2023 Here’s more context from the loyal FELTG reader who posed the question: Let’s say, hypothetically, management at a regional outpost agrees to terms regarding office workspace with their local union, and then enters into a CBA articulating those...