Say Goodbye to 40 Years of Case Precedent: Agencies Must Justify PIPs

By Deborah Hopkins, March 16, 2021 For the past 20+ years, we have taught a principle in performance cases that has been around since the beginning of the Civil Service Reform Act: An agency does not need to justify putting an employee on a performance demonstration...

EEOC Decision Details Everything a Manager Should NOT Do

By Meghan Droste, March 16, 2021 When I started writing this article, I was planning to make the headline something about not being an ostrich. This seemed like a somewhat amusing way to highlight one of the points from the case I’m bringing to you, Thomasina B. v....

When is a Judge Not a Judge?

By William Wiley, March 16, 2021 Perhaps you’ve heard of this issue. In 2018, the US Supreme Court caused a bit of a civil service uproar when it held that a certain group of administrative law judges were “inferior officers of the United States.” That meant that each...

Tips from the Other Side: It All Starts With a Good Faith Effort

By Meghan Droste, March 16, 2021 This month, we continue our discussion of religious accommodations. In January, we looked at what an agency needs to do to establish that providing a religious accommodation to an employee would be an undue hardship (namely that there...

And Now Another Word With … Scott Boehm

By Michael Rhoads, March 16, 2021 A goal without a plan is just a wish. – Antoine de Saint-Exupéry There are many wishes I have for 2021, but the short list is: Lose a little weight. Take my wife and kids on a “road trip” vacation. So how can I make these dreams a...

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