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Event Description
Investigating harassment in your Federal agency can be an intimidating assignment, one that is rife with innuendo, conflicting accounts, and raw emotions. Ensuring that your investigation is legally compliant and protects employees, while helping the agency minimize liability, is a taxing task. It’s even more challenging during the COVID-19 pandemic when most investigations must be done virtually.
Together, these three instructor-led live training sessions will provide a solid basis for a successful and effective approach to conducting legally-sufficient harassment investigations that stand up upon third-party review. Peruse MSPB and EEOC cases and you’ll find that poorly conducted investigations are far more common than they should be, and the cost of these investigations to agencies are bigger than you’d expect.
Understand the differences between EEO and non-EEO harassment. Learn the best techniques to conduct an investigation – whether onsite or virtually. Write a report that covers all the crucial information. And much more.
This open enrollment FELTG Virtual Training Institute program Conducting Effective Harassment Investigations offers opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Plus, this program fulfills the requirements for 8-hour annual EEO investigator refresher training.
You can register for any of the sessions individually, or you can register for all three. This program runs from 12:30 – 4:00 eastern each day, with a 30-minute break from 2:00 – 2:30 eastern. Participants will receive program materials via email on Monday, October 5.
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Tuesday, March 2, 2021
Session 1: Investigating Harassment: Misconduct Principles
12:30 pm – 4:00 pm eastern (break from 2:00 – 2:30)
Presented by Deborah J. Hopkins, Attorney at Law, FELTG President
Course Description: An effective harassment investigation begins with a solid foundation of misconduct law in the federal workplace. Attorney and FELTG President Deborah J. Hopkins will explain the principles that underpin a successful investigation of federal employee misconduct, whether it’s on-duty or off-duty. Attendees will learn the five elements of discipline and understand how they relate to the misconduct investigation process. Plus, they’ll learn about evidence standards and burdens of proof in misconduct cases, how Douglas factors play in to an investigation, the importance of nexus, what to do when a witness won’t cooperate, and much more.
Learning Objectives
Attendees will learn how to:
- Identify the relationship between the foundations of federal accountability and misconduct investigations.
- Identify and collect relevant penalty evidence during the investigation.
- Recognize the mistakes that derail effective misconduct and harassment investigations.
Wednesday, March 3, 2021
Session 2: Understanding Harassment and Planning the Investigation
12:30 pm – 4:00 pm eastern (break from 2:00 – 2:30)
Presented by Meghan Droste, Attorney at Law, FELTG Instructor
Course description: What is the scope of the investigation? Who should you interview? What documents are you going to need? Preparing your investigative plan is a critical step in developing a legally sufficient investigation. Attorney Meghan Droste will explain the proper role of the investigator and how you can avoid the pitfalls of an insufficient investigation with the proper preparation and knowledge. Plus, she’ll answer important questions about representation: Does the witness have the right to a representative? Does the union have a right to attend the interview – even if the witness doesn’t want the union there? What rights does agency management have in the process?
Learning Objectives
Attendees will learn how to:
- Discern the difference between EEO and non-EEO harassment, and the impact that has on the investigations’ legal sufficiency.
- Identify witness rights and management rights.
- Recognize the three basic characteristics of evidence in a harassment investigation.
Thursday, March 4, 2021
Session 3: Conducting the Investigation and Writing the Report
12:30 pm – 4:00 pm EDT (break from 2:00 – 2:30)
Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor
Course description: Attorney Katherine Atkinson will share legal principles and proven guidance to navigate this most critical and challenging part of harassment investigations: conducting the interviews and gathering relevant evidence. Attendees will leave the session with techniques for questioning, tools for reading body language, suggestions on how to handle difficult personality types, and tips for writing the fact-finding report (FFR) and report of investigation (ROI). Ms. Atkinson will also share how technology is changing the investigation process, including a very timely discussion of conducting virtual interviews.
Learning Objectives
Attendees will learn how to:
- Identify the similarities and differences in conducting onsite and virtual interviews.
- Apply logic and judgment to evaluate conflicting statements.
- Write a fulsome report on the findings from the harassment investigation.
Price
- Early Bird Tuition (register by February 19): One Session = $340 | Two Sessions = $650 | Full Event = $900
- Standard Tuition (register February 20 – March 4: One Session = $390 | Two Sessions = $695 | Full Event = $950
- Rates per registrant. No split registrations permitted.
- Want to register a group? Group discounts are available through February 19. Contact FELTG.
- REGISTER NOW.
Event FAQs
- Can I attend Virtual Training from my government computer?
- FELTG uses Webex to broadcast this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
- Can I earn CLE credits for this class?
- CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
- Can I share my access link with co-workers?
- No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
- Can I register a teleworker?
- This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
- How do I receive a group rate discount?
- Group rates are available for agencies registering 10 or more attendees for the full event. Group discounts are only available through February 19.
Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.
Download Individual Registration Form
More Americans are receiving COVID-19 vaccinations each day. But while the vaccine is helping eradicate the virus, it hasn’t put an end to pandemic-related EEO challenges. If anything, the increased availability of the COVID vaccines has created some new and even more difficult EEO quandaries.
Attorney Katherine Atkinson helped FELTG customers navigate these uncharted waters in 2020, and now she returns with more answers and the latest available guidance, including how to respond to employees who won’t take the vaccine due to disability, or religious reasons.
No doubt about it. The federal workplace was turned upside down in 2020 as more than a million employees suddenly became full-time teleworkers. While employees vanished from the physical workplace, EEO problems did not. Meanwhile, EEO issues rose for health care providers, security officers, law enforcement officials, and other essential workers. These EEO problems have gotten more challenging — and many of the situations arising have no legal precedent.
Ms. Atkinson will explain how applying the basic EEO framework can answer the aforementioned and other puzzling EEO questions you may suddenly face. Because Ms. Atkinson will use a legal analysis to address these challenges, the answers and guidance you receive during this virtual training will be useful long after the coronavirus is gone.
Topics covered will include answers to these questions:
- Can you require that an employee take the vaccine before returning to the workplace?
- What if an employee refuses to take the vaccine, but is also not in a position that can be done remotely?
- If a supervisor treats an employee like she has COVID-19, could that employee have a “regarded as” claim under the ADA/Rehabilitation Act?
- How would you handle an employee’s claim that he’s being harassed because he is at high risk for COVID-19, or has recovered from the virus?
- Can you direct someone with asthma to telework when she prefers to work in the office?
- Does asking the pre-vaccination screening questions create a violation of Title II of the Genetic Information and Nondiscrimination Act?
Plus, you’ll have plenty of opportunities to ask questions about the unique problems you’re facing during these unprecedented times.
Learning Objectives
Attendees will learn how to determine:
- Whether an employee with COVID-19 or pre-existing respiratory sensitivities should receive a reasonable accommodation.
- How OPM’s telework flexibilities impact the federal workplace.
- When and how to take action against pandemic-related harassment and discrimination.
This program runs from 1:00 – 4:30 eastern, with a 30-minute break from 2:30 – 3:00 eastern.
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Price
- Early Bird Tuition (register by February 24): $340
- Standard Tuition (register February 25 or later): $380
- Rates per registrant.
- Want to register a group? Group discounts for 10 or more attendees are available through February 24. Contact FELTG.
Event FAQs
- Can I attend Virtual Training from my government computer?
- FELTG uses Webex to broadcast this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
- Can I earn CLE credits for this class?
- CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
- What if I want to attend a session but have a schedule conflict?
- FELTG plans to record this session, and will make the recording available for purchase after the conclusion of the event.
- Can I share my access link with co-workers?
- No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
- Can I register a teleworker?
- This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
- How do I receive a group rate discount?
- Group rates are available for agencies registering 10 or more individuals. Group discounts are available through February 24.
Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.