This Isn’t Harassment: Supervision, Not Hostile Work Environment

By Deborah Hopkins, August 16, 2022 One of the topics we’ve been discussing in recent FELTG classes is “other harassment,” that is, harassment that’s not based on protected EEO categories. And one of the most common questions we’re asked is this: At what point a...

She/Her/Hers, He/Him/His, They/Them/Theirs: Pronouns in 2022

By Deborah Hopkins, July 18, 2022 There are many polarizing topics (abortion, gun control, COVID-19 vaccines, political affiliation) in this country. We’re going to address another topic that generates feelings almost as strongly in certain circles: pronoun use and...

Post-Santos: Timing, Precedents, Retroactivity in Performance Cases

By Deborah Hopkins, July 18, 2022 Most Federal employment law practitioners remember the day last year when the Federal Circuit issued Santos v. NASA. It set a new requirement for agencies to provide substantial evidence of unacceptable performance before implementing...

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