Download Registration Form

Event Description

A brand-new administration with starkly different priorities than the previous White House occupants. A massive effort to return to pre-pandemic normalcy in the workplace. New case law eventually emerging from EEOC, FLRA, and, possibly, MSPB. This year in the federal employment law world is bound to be one of change and challenge. Over four days, the FELTG Virtual Training Institute’s second annual Emerging Issues in Federal Employment Law event will focus on complying with laws, regulations, and Executive Orders under a new administration.

This event offers 15 live instructor-led sessions, aimed at providing you with the latest legal and practical guidance to meet the current situation. Renew your efforts to hold employees accountable for roller-coaster performance. Identify the mistakes holding you back from taking misconduct actions that withstand third-party scrutiny. Take steps to prevent and correct harassment. Find out how to address contractors’ EEO complaints. Review your responsibilities for handling the new complexities of leave, reasonable accommodation requests involving animals, and preventing and correcting workplace harassment. Learn strategies for managing teleworkers. Get the latest on case law and all other developments at the EEOC, FLRA, and MSPB. Review the EEO lessons learned – and still being learned – from COVID-19.  And much much more. Don’t put off getting the important training you need. The open enrollment FELTG Virtual Training Institute’s Emerging Issues in Federal Employment Law program provides benefits you won’t get from other online conference providers. You can register for any of the sessions individually, or you can register for the whole program. You receive opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Earn CLE credits and EEO refresher training credits. Four days. Fifteen sessions. Ten instructors. We’d love to have you join us.

Download Registration Form

This program meets the President’s mandate to provide training on diversity, equity, inclusion and accessibility in the Federal workplace.

Tuesday, April 27, 2021

MSPB Day

Session 1

9:30 – 10:45 am EDT

What to Expect When You’re Expecting a New Board

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

Course Description: Once again, we have a glimmer of hope that a new Board will be nominated and voted into place at the MSPB. What does this mean for federal HR professionals? What does this mean for all those agencies and employees whose cases have been piling up unread at the Board? How will Executive Order 14003 and OPM regulations fit into the picture? How is the Board impacted by the decisions the Federal Circuit has been making in its absence of a quorum? FELTG President Deborah Hopkins will give an overview of what we can expect in the upcoming months from a new MSPB, the challenges awaiting the incoming members, and where the Board might stand on critical issues like performance and conduct accountability under the Biden Administration. Earn 1.25 CLE credits.

Session 2

11:15 am  – 12:30 pm EDT

What Do You Do With the Douglas Factors?

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course Description: You likely know those 12 factors identified in the landmark 1981 MSPB decision that birthed their name. But do you know how to use them to determine the appropriate penalty? Attorney Ann Boehm will share case law highlighting how agencies correctly use the Douglas factors and, more importantly, how they were misapplied. She will answer all your Douglas questions, such as: Do the factors go in the proposal or the decision? What do OPM’s new regs say about the Douglas factors? In light of the Accountability Act, does the VA still have to do Douglas factors? Attendees will leave this session with the knowledge to avoid the too-common Douglas mistakes. Earn 1.25 CLE credits.

Session 3

1:30 – 2:45 pm EDT 

The Roller Coaster Employee: Managing Up-and-Down Performance

Presented by Robert Woods, Attorney at Law, FELTG Instructor

Course Description: You’ve undoubtedly seen it several times, and it’s always frustrating. An employee is put on a performance demonstration period (DP, PIP, ODAP – or whatever your agency calls it) and does well enough to stay in his position. But when the DP ends, his performance dips again. As employees return en masse and attempt to re-adjust to the physical workplace, it’s highly likely that you’ll see some drops in performance  – whether they employees are on a DP or not. Attorney Bob Woods will explain how to effectively and efficiently handle wide swings in performance. Earn 1.25 CLE credits.

Session 4

3:15 pm – 4:30 pm EDT

When Employees Go Insubordinate: Don’t Mess With the Wrong Elements

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President; and Marcus Hill, former Senior Executive Advisor/Federal Law Enforcement Training Center, FELTG Instructor

Course Description: If you’ve ever been a supervisor or advised one, then you’ve most likely dealt with an employee who did not do what he was asked, or, possibly, did the exact opposite. That may sound like a good definition of insubordination for Webster’s Dictionary, but it’s not going to work for the MSPB.  Charges of workplace misconduct have specific legal definitions, which include elements. And to prove a charge, you need to prove all of its elements. FELTG President Deborah Hopkins will walk you through the elements of insubordination and the factors that determine how to best deal with employees who disobey, or refuse to follow, management orders. Earn 1.25 CLE credits.

Wednesday, April 28, 2021

EEOC Day

Session 5

9:30 am – 10:45 am EDT

Preventing and Correcting Hostile Work Environment Harassment

Presented by Meghan Droste, Attorney at Law, FELTG Instructor

Course description: Not all hostile work environment cases involve sexual harassment. However, as attorney Meghan Droste will show you, a large majority do. And yet, hostile environment harassment is often alleged based on all of the protected categories –  sex, race, color, national origin, religion, age, disability, genetic information, or reprisal. Ms. Droste will define the “nature of the conduct,” as well as the “unwelcome” and the “sufficiently severe or pervasive” requirements. She’ll also discuss agency and supervisor liability, share successful prevention techniques, and the provisions of Executive Order 13985 and 13988 that apply to Federal agencies. Earn 1.25 CLE credits. 1.25

Session 6

11:15 am – 12:30 pm EDT

Barking Up the Wrong Tree? Service and Therapy Animals in the Workspace

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President; and Ricky Rowe, Former National EEO Manager/Veterans Affairs, FELTG Instructor

Course description: Pet ownership increased and animal shelters emptied during COVID-enforced lockdowns in 2020. Undoubtedly, remote workers have enjoyed the therapeutic benefits that come with owning a pet. But does that make their new furry friends therapy or emotional support animals? And can no-longer-remote employees bring their new four-legged friends to the workplace? In most cases, the answer is an easy no. But if it’s a reasonable accommodation request, the answer isn’t quite as definitive. The EEOC’s stance that an emotional support animal may be a required reasonable accommodation for a qualified individual with a disability, even if it is not a trained service dog, fails to provide an easy answer. FELTG President Deborah Hopkins will explain the difference between a service animal and a therapy animal, and provide guidance on how to determine if an emotional support animal would be a reasonable accommodation for an individual with a disability. Earn 1.25 CLE credits. 1.25

Session 7

1:30 – 2:45 pm EDT

What to Do When Contractors File EEO Complaints

Presented by Robert Woods, Attorney at Law, FELTG Instructor

Course description: A federal contractor may file a formal EEO complaint if the agency is determined to be a “joint employer.” How do you determine if you are a joint employer? That determination begins with the case Ma v. HHS. Attorney Bob Woods will walk you through how to apply the Ma factors to your situation. He’ll also explain the roles and responsibilities of agency personnel when contractors start the EEO process, as well as defenses to the “joint employer” allegation. Earn 1.25 CLE credits. 1.25

Session 8

3:15 – 4:30 pm EDT

COVID-19 and EEO: What We’ve Learned and What We Still Need to Know

Presented by Katherine Atkinson, Attorney at Law FELTG Instructor

Course description: The pandemic turned the federal workplace upside down, creating numerous unique situations for supervisors and EEO professionals. Increased vaccinations have eased the burden somewhat, but many EEO challenges remain. Attorney Katherine Atkinson will walk you through some of these remaining challenges, and share the EEO lessons learned from  that past year. Attendees will leave with a basic EEO framework that can be used to address COVID-related issues as well as other challenges long after the virus is eradicated. Earn 1.25 CLE credits. 1.25

Thursday, April 29, 2021

Emerging Trends Day

Session 9

9:30 – 10:45 am EDT

Leave for the Federal Employee in 2021

Presented by Barbara Haga, President/Federal HR Services, FELTG Senior Instructor

Course description: Rules about leave and attendance have always been complicated. During the COVID-19 pandemic, the complexities grew. FELTG Senior Instructor Barbara Haga will give an overview of leave entitlements with a focus on new Paid Parental Leave (PPL), and recent modifications to FMLA, use of COVID-related weather and safety leave and sick leave. Earn 1.25 CLE credits.

Session 10

11:15 am – 12:30 pm EDT

The Telework Tango: Communication and Feedback for a Remote Workplace

Presented by Anthony Marchese, PhD., Consultant/Author/Trainer, FELTG Instructor

Course description: One of the biggest surprises of the pandemic was how well many Federal employees transitioned to 100% telework. It was so successful that many employees and agencies expect telework opportunities to expand in a post-pandemic world. Anthony Marchese will explain how to tweak and improve your management and communication skills for a remote staff, with specific guidance on providing employee feedback and setting expectations in a virtual world.

Session 11

1:30 – 2:30 pm EDT

Addressing Microaggressions and Bias in the Federal Workplace

Presented by Meghan Droste, Attorney at Law, FELTG Instructor

Course description: Microaggressions, whether intentional or not, can be very hurtful to the employees who experience them. Microaggressions and implicit bias can lead to discrimination. FELTG Instructor Meghan Droste, attorney at law, will explain what microaggressions look like it in their various forms, and provide a quick review of EEO law, so you can determine when bias or microaggression might rise to the level of discrimination. Attend the session, learn how to comply with Executive Orders 13985 and 13988, and you’ll be well on your way to providing a safe and inclusive work environment for all employees. Earn 1.25 CLE credits. 1.25

Session 12

3:15 – 4:30 pm EDT

Legal Update: Recent Developments in Federal Employment Law, Part I (MSPB, EEOC, Federal Circuit)

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: In federal employment law, things can change quickly. FELTG Instructor Ann Boehm will review the most recent and relevant cases, regulations, studies and reports from OPM, the EEOC, the courts, OSC, and (hopefully) the MSPB. Attendees will leave with knowledge of recent developments and with an in-depth analysis of the current employment law climate and its impact on the federal workplace. Earn 1.25 CLE credits.

Friday, April 30, 2021

FLRA Day

Session 13

9:30 am – 10:45 pm EDT

Legal Update: Recent Developments in Federal Employment Law, Part II (FLRA, FSIP)

Presented by Joseph Schimansky, Former Executive Director/FSIP, FELTG Instructor

Course description: Over the past year, the Federal Labor Relations Authority has released several precedent-altering decisions. The Federal Service Impasses Panel has issued several noteworthy decisions, but a new panel is on its way. Join FELTG Instructor Joseph Schimansky, the former Executive Director of the Federal Service Impasses Panel, as he reviews the cases and explains what it all means for federal counsel, HR professionals, and labor relations practitioners. Earn 1.25 CLE credits.

Session 14

11:15 am – 12:30 pm EDT

Labor-Management Partnerships: What if They Are Back in Vogue?

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: With a change in Administration often comes a new approach to labor management relations. And with a Democrat in the White House, we’re likely to soon see a push for a more collaborative method. Will it be like the Clinton-era partnerships? Or more like a Obama-era forums? FELTG Instructor Ann Boehm will explain what the new approach will likely look like, and how you and your agency can best prepare. Earn 1.25 CLE credits.

Session 15

1:30 – 2:45 pm EDT

Impact and Implementation Bargaining in the Federal Workplace

Presented by Joseph Schimansky, Former Executive Director/FSIP, FELTG Instructor

Course description: When an agency makes a change, it may trigger an obligation to negotiate. In late 2020, however, the Federal Labor Relations Authority released three precedent-breaking decisions that pushed the reset button on bargaining with unions. The Authority’s decision in U.S. Department of Education, in particular, seriously diluted that management obligation to negotiate. FELTG Instructor Joe Schimansky will explain the standard for triggering a duty to bargain over impact and implementation. Earn 1.25 CLE credits.

Price

• Early Bird Tuition (register by April 13): One Session = $130 (April 27-29) | One SessIon = $135 (April 30)  |                                      April 27-29 All Access = $1400 |  April 27-30 All Access with Labor Relations = $1725
• Standard Tuition (register April 14-30): One Session = $160 | One SessIon = $165 (April 30)  |                                                            April 27-29 All Access = $1500 |  April 27-30 All Access with Labor Relations = $1825
• Rates per registrant.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex to broadcast its Virtual Training Institute events. 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.
• How do I claim CLE or EEO refresher credits?
  • This program has been submitted (and we anticipate this program will be approved) for Virginia CLE credits. Members of other state bars must submit for CLE credit on their own, and may use the materials provided by FELTG in submissions. Attendees may also request a certificate of completion which will contain the number of training hours attended, and will designate how many EEO refresher hours were earned.
• Can I get HRCI credits for attending this class?
  • Each session is approved for 1.25 hours of HRCI general recertification credit. The HRCI course numbers will be available upon the conclusion of the training.
• 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 for the full event. Group discounts are available through April 13.

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

Course Description

The COVID-19 pandemic has exacerbated the ongoing behavioral and mental health crisis in this country. Almost 18 percent of all adults have a behavioral health diagnosis at some point in their lives. After a year of isolation, new work processes, heightened responsibilities, and political minefields, employees with a mental health diagnosis will soon be returning to the physical workplace.

On April 30, OPM released a memo on the importance of mental health and the well-being of Federal employees: “Awareness of mental health supports for Federal employees is an important element of protecting employee well-being and sustaining a high performing Federal workforce.”

What are you doing to prepare yourself and your agency for the influx of challenges you’ll face as all employees return, particularly those with a mental health diagnosis? If one of your employees had a mental health crisis in the workplace, would you know what to do? What if employee in crisis is working from home?

This virtual training program will provide highly practical guidance and straight-forward advice on dealing with the very unique challenges you face, as some employees continue to telework, while others make their way back to the workplace.

Licensed Clinical Social Work Shana Palmieri will de-stigmatize the truth about “mental illness” and will explain the impact various mental health conditions have on individuals, and those with whom they work. She’ll also provide strategies for effectively supervising and managing employees with these conditions, whether they’re in the office or working remotely.

Ms. Palmieri will answer challenging questions like:

• What do you do if you suspect a mental health crisis and the employee won’t answer his phone?
• How do you provide constructive criticism to someone who exhibits narcissistic behavior?
• If you suspect that one of your employees has a mental impairment, what can you do beyond directing them to EAP?
• What are the symptoms of a personality disorder?

Attendees will learn how to walk the tenuous line between providing accommodations and support for a mental health condition and holding employees accountable for their work performance. Attend this timely virtual training event and learn strategies to:

• Improve performance and success for employees with mental health conditions.
• Communicate effectively with all employees.
• Successfully accommodate employees with behavioral health conditions.
• Set appropriate boundaries and expectations in the workplace.
• Handle a crisis or outburst in the workplace.

This class focuses on the practical and clinical side of managing employees with behavioral health conditions, rather than the legal side. It will be held from 1:00 – 4:30pm ET. You won’t want to miss it.

This program meets the President’s mandate to provide training on diversity, equity, inclusion and accessibility in the Federal workplace.

Download Individual Registration Form

Instructor

Shana Palmieri

Price

• Early Bird Tuition: $340 (register by July 6).
• Standard Tuition: $380 (register by July 7-21).
• Rates per registrant.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom to broadcast this Virtual Training Institute event. Many government computers and systems allow Zoom 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 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 July 6.

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

This week focuses on conducting administrative investigations in the federal workplace with an emphasis on employee misconduct including workplace harassment. After an overview of the substantive law, participants will learn procedures and best practices for conducting investigations in the federal workplace, including planning the investigation, fact finding, collecting evidence, dealing with witnesses, understanding types of questioning, and testifying at hearing. The week concludes with a day focused on writing an investigative report.

Instructors

Ann Boehm, Shana Palmieri

Daily Agenda

Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; law behind other types of administrative investigations; witness rights; union representation.

Tuesday

Harassment Investigations: Investigating allegations of harassment; differentiating between EEO and non-EEO harassment; the intersection with criminal investigations; special considerations in light of #MeToo and #TimesUp.

Wednesday

Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation; beginning the interview; how to successfully interview witnesses with behavioral or mental health issues or violent tendencies; de-escalating an emotionally-charged interview; handling delicate interviews; interviewing witnesses who have experienced trauma.

Thursday

Conducting the Investigation, Part II: Conducting the interview: handling hostile witnesses; assessing credibility/lies/hearing what isn’t said; body language; gathering other evidence; technology and investigations; high profile case considerations; testifying at an administrative hearing; rules for being an effective witness.

Friday

Writing the Investigative Report: Organizing for the report; establishing the chronology; writing for your audience; report writing style; report writing conventions; report organization; sample report.

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Seminar registration includes a printed copy of the materials via USPS. In order to receive materials by the training date, please register by July 16 and provide a shipping address. Registrations received after July 16 will also receive printed materials, but materials are not guaranteed to arrive by the training date.

Download Registration Form

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.

Download Registration Form

Tuesday, October 5, 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, October 6, 2021

Session 2: Understanding Harassment and Planning the Investigation

12:30 pm – 4:00 pm eastern (break from 2:00 – 2:30)

Presented by Katherine Atkinson, 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 Katherine Atkinson 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, October 7, 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 Sept 20): One Session = $340  |  Two Sessions = $650  |  Full Event = $900
• Standard Tuition (register Sept 21 – Oct 7): 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 Sept 20. 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 September 20.

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

This week focuses on conducting administrative investigations in the Federal workplace with an emphasis on employee misconduct including workplace harassment. After an overview of the substantive law, including EEO and non-EEO harassment, participants will learn procedures and best practices for conducting investigations in the Federal workplace, including planning the investigation, fact finding, collecting evidence, dealing with witnesses, understanding types of questioning, and testifying at hearing. The week concludes with a day focused on writing an investigative report. The program will include breakout discussions and interactive Q & A with the instructors.

Instructors

Ann Boehm, Shana Palmieri, Katherine Atkinson

Daily Agenda

Monday

Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; law behind other types of administrative investigations.

Tuesday

Harassment Investigations: Investigating allegations of harassment; differentiating between EEO and non-EEO harassment; the latest on LGBTQ+ harassment; witness rights.

Wednesday

Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; preparing for the investigation; role of the investigator; beginning the interview; union representation; how to successfully interview witnesses with behavioral or mental health issues or violent tendencies; de-escalating an emotionally-charged interview; handling delicate interviews; interviewing witnesses who have experienced trauma.

Thursday

Conducting the Investigation, Part II: Conducting the interview: handling hostile witnesses; assessing credibility/lies/hearing what isn’t said; body language; gathering other evidence; technology and investigations; high profile case considerations; testifying at an administrative hearing; rules for being an effective witness.

Friday

Writing the Investigative Report: Organizing for the report; establishing the chronology; writing for your audience; report writing style; report writing conventions; report organization; sample report.

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Seminar registration includes a printed copy of the materials via USPS. In order to receive materials by the training date, please register by February 11 and provide a shipping address. Registrations received after February 11 will also receive printed materials, but materials are not guaranteed to arrive by the training date.

Download Individual Registration Form

Instructor

Shana Palmieri

Program Description

It may seem that you or your coworkers are a little more on edge lately. Most likely, you or they are. Nearly 8 million adults annually experienced Post-Traumatic Stress Syndrome in a given year – and that data was collected before the pandemic. More recent studies show increases in stress, anxiety, and PTSD among adults, and at the same time agencies are planning to bring employees back to the physical workspace. Attendees will learn how PTSD, stress, and anxiety could manifest in the workplace and how agencies can create success for employees with these mental health conditions.

The rates of anxiety and depression among U.S. adults increased times 4 between April 2020 and August 2021, compared to 2019. Prior to the pandemic anxiety rates hovered between 7.4% – 8.6% of U.S. adults, compared to 28.2% and 37.2% after the pandemic hit.  Similarly, for depressive symptoms prior to the pandemic, the rates hovered between 5.9% -7.5% compared to 20.2% to 31.1% after the pandemic.

This FELTG training will supply your agency with the tools of knowledge, awareness and interventions to support a healthy, successful and productive workforce.

Topics covered include:

• Overview of symptom profile and the impact on work performance
• Overview of workplace accommodations for mental health conditions
• Management strategies to provide support and improve productivity
• Effective communication techniques and strategies
• How to develop a plan and handle a behavioral health crisis in the workplace

This class focuses on the practical and clinical side of managing employees who have experienced stress, anxiety, and PTSD, rather than the legal side. This class will be held from 1:00 – 3:00 PM ET.

Price

• Early Bird Tuition: $295 (register by April 1)
• Standard Tuition: $325 (register April 2 or later)
• Rates per registrant.
• Want to register a group? Group discounts for 10 or more attendees are available through April 1. Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom for this Virtual Training Institute event. Many government computers and systems allow Zoom 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. You may also attend the training event as an audio training, by dialing in over the phone and following along with the materials independently.
• 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 offer this live event periodically, so check our calendar for upcoming dates.
• 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 April 1.

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

Event Description

A politicized multi-year pandemic, a change in Administration, and nationwide trends, such as the Great Resignation, have set the Federal workplace reeling with seemingly new and daunting employment-related challenges, along with several that won’t go away. FELTG’s four-day training event Emerging Issues in Federal Employment Law returns for a third straight year, poised to provide you with the strategies and challenges to meet these unique times.

Three years ago, who would have thought that:

• Federal agencies would be devising detailed plans to create hybrid workplaces?
• The FLRA, under a Democratic Administration, would continue to issue decisions rankling unions?
• The MSPB would go without a quorum for nearly 1,900 days?
• Diversity and inclusion efforts would go from persona non grata to major priority with the stroke of a pen?
• A Federal Circuit would suddenly end 40 years of MSPB precedent on PIPs, only to have OPM release conflicting guidance months later?
• EEO discrimination issues would continue to flourish despite a majority of employees working from home?

The FELTG Virtual Training Institute’s Emerging Issues in Federal Employment Law program offers 11 unique and timely sessions to help you navigating these unsettling times. Hold remote and on-site employees equally accountable for performance and conduct. Stay up to date on changing legal issues involving performance improvement, leave, labor relations and more. Identify and prepare your agency for new EEO trends. Learn effective strategies for managing in a hybrid workplace and negotiating collective bargaining agreements.

We’ve developed these sessions to fit into your busy workdays. The training sessions are 75 minutes long, and you can register for all or for any of them individually. Or you can register for a whole day. Or all four days. Earn CLE credits and EEO refresher training credits.

The training is presented LIVE by FELTG’s experienced and respected instructors, who will answer your questions, so you get answers in real time.

Download Individual Registration Form

This program meets the President’s mandate to provide training on diversity, equity, inclusion and accessibility in the Federal workplace.

Tuesday, April 26, 2022

The New Hybrid Workplace

Session 1

10:30 – 11:45 am ET

Holding Employees Accountable Regardless of Their Work Location

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: Agencies face many challenges and unanswered questions about performance and conduct as they attempt to bring some workers back to the physical workspace. How do you hold workers accountable for performance and conduct when some are in the office and others are remote? How do you provide a performance demonstration period for an employee who is teleworking? As always, FELTG has the answers when it comes to accountability. Attendees will leave with a simple and effective approach to accountability, regardless of where the employee is working. Earn 1.25 CLE credits.

Session 2

1:00 – 2:15 pm ET

What to Do When Harassment Occurs Outside the Building

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

Course Description: Hostile environment harassment can be alleged based not only on sex, but any protected category, such as race, national origin, religion, disability, and more. With the pandemic-fueled increase in telework and virtual meetings, and continued vitriol on social media, hostile environment harassment does not require that people be in the same location. Attendees will learn how to identify hostile work environment scenarios, discuss agency and supervisory liability, and develop successful prevention techniques. Earn 1.25 CLE credits. 1.25

Session 3

3:00 – 4:15 pm ET 

The New World of Work: Understanding Expectations, Aspirations, and Opportunities

Presented by Anthony Marchese, PhD., Consultant/Author/Trainer, FELTG Instructor

Course Description: The Pandemic of 2020-2022 thrust leaders into an unusual, unsettling territory where many are unequipped to rapidly respond to the systematic shift in employee expectations. Employees want increased autonomy and a voice in the decision-making process. With increased scrutiny of the employee value proposition (EVP), employees are eagerly anticipating how things will look in the next 6-12 months. Attendees will learn about embedded and emerging trends happening across the Federal landscape and leave with relevant best practices to navigate this landscape as a supervisor.

Wednesday, April 27, 2022

The Ever-Changing Law

Session 4

10:30 – 11:45 am ET

Santos, OPM and Performance Accountability: What Gives?

Presented by Robert Woods, Attorney at Law, FELTG Instructor

Course Description: Last year, the Federal Circuit in Santos v. NASA undid more than 40 years of case precedent, requiring agencies to have substantial evidence of poor performance before they can place an employee on a PIP. Yet, OPM’s proposed regulations, while not yet final, seem to indicate that employees must first be notified and given an opportunity to improve. Don’t let these seemingly contradictory approaches keep you from taking appropriate action. Attendees will leave this session with clear guidance and an effective approach for placing an employee on notice about unacceptable performance and explaining to the employee what’s required next. Earn 1.25 CLE credits.

Session 5

1:00 – 2:15 pm ET

What’s New in Leave 2022?

Presented by Barbara Haga, President/Federal HR Services, FELTG Senior Instructor

Course description: Leave is an ever-changing topic and 2022 is no exception.  The passage of the NDAA for FY 2022 created a new type of leave: Parental Bereavement Leave will allow for two weeks of paid time off in the event of death of a son or daughter.  The devil, of course, is in the details.  Which employees are covered?  How is son or daughter defined?  As if that wasn’t enough, the NDAA for FY 2021 made a change to the type of service that is qualifying to become FMLA eligible, and the regulations implementing the Paid Parental Leave Act issued in 2020 made some changes to the basic FMLA entitlement.  The session will cover these changes, as well as leave in COVID-related situations. Earn 1.25 CLE credits.

Session 6

3:00 – 4:15 pm ET

Federal Employment Law Update: Significant Cases and Developments

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: The MSPB is back and delivering decisions, the FLRA and EEOC continue to issue important decisions, the Federal Circuit has been hopping, and OPM regularly updates its guidance. A District Court in Texas recently put a hold on major Federal workplace mandates, and a Federal Appeals court has recently struck down FLRA policy decisions. It’s a lot to keep up with. That’s why you need to join FELTG for this fast-paced review of the most surprising, significant, and groundbreaking developments in Federal employment law. Earn 1.25 CLE credits.

Thursday, April 28, 2022

Post-COVID EEO Challenges

Session 7

10:30 – 11:45 am ET

The Widening Net of Reprisal Discrimination

Presented by Deborah Hopkins, Attorney at Law, FELTG President

Course description: Reprisal is asserted in almost half of all EEO complaints, and it’s the most common discrimination finding in Federal sector cases. With increasing political and societal rifts creating workplace conflicts, ongoing questions about employee vaccination and exemption status, and the soon-to-be imminent return of many Federal employees to the physical workplace, EEO challenges such as reprisal are expected to grow even more. Attendees will learn the various forms of EEO reprisal and receive important guidance on how to limit it from happening at your agency. Earn 1.25 CLE credits.   1.25

Session 8

1:00 – 2:15 pm ET

Telework as a Reasonable Accommodation When Employees Return to the Workplace

Presented by Ricky Rowe, Former National EEO Manager/Veterans Administration

Course description: By most accounts, telework was an enormous success for Federal agencies over the past two years. As you start the process of returning most employees back to the physical workplace, it’s likely that you’re going to receive a sudden increase in requests for telework, likely within the framework of reasonable accommodation. OPM guidance last summer anticipated as much. Attend this session to best prepare yourself for this onslaught of requests and give you and your staff a proper guide on how to determine whether telework is an effective reasonable accommodation, and what alternative accommodations might be available as well. 1.25

Session 9

3:00 – 4:15 pm ET

When Medical Issues Cause Performance and Misconduct Problems

Presented by Deborah Hopkins, Attorney at Law, FELTG President

Course description: Few situations draw as much angst among supervisors as when they have an employee with a physical or mental impairment who is struggling to do the job and/or failing to meet conduct standards. With the rise in mental health diagnoses, substance abuse disorders and the physical challenges that come with an aging workforce, Federal supervisors can expect more of these gut-wrenching situations. If the employee already has a reasonable accommodation, can you put him on a PIP or must you offer a new reasonable accommodation first? Should disability be a mitigating factor in discipline? How do you process removals for medical inability to perform? Attendees will learn the answers to these questions and much more.Earn 1.25 CLE credits. 1.25

Friday April 29, 2022

Labor Relations Spotlight

Session 10

10:30 – 11:45 am ET

Representation Decisions Under FLRA

Presented by Joseph Schimansky, Former Executive Director/FSIP, FELTG Instructor

Course description: The FLRA, by a 2-1 margin, recently rejected requests to throw out its 2020 decision that stripped immigration judges of their collective bargaining rights. This rejection came just a month after the Biden Administration reversed a Trump-era policy and officially recognized the union. In this session, Mr. Schimansky will examine Representation decisions under the current FLRA and what they mean for agencies and unions in the short and long term. Earn 1.25 CLE credits.

Session 11

1:00 – 2:15 pm ET

What I Learned as a Chief Management Negotiator

Marcus Hill, Principal/Hill Management Consultancy, FELTG Instructor

Course description: Have you been appointed chief management negotiator charged with representing the agency during collective bargaining with the union? Were you a little apprehensive or challenged how to start and ultimate accomplish this critical assignment? Whether you are a seasoned labor relations professional or a manager possessing little to no collective bargaining experience, this session is for you. During his distinguished Federal career, Mr. Hill served as Chief Management Negotiator on several occasions, achieving effective collective bargaining agreements for industrial and professional environments. Mr. Hill will share experiences, and successful strategies that will result in win-win, labor-management agreements.

Price

• Early Bird Tuition (register by April 11):
  • One Session = $150
  • One Day (Three Sessions) = $395
  • Labor Relations Day = $275
  • April 26-28 All Access  = $1175
  • April 26-29 All Access with Labor Relations = $1450
• Standard Tuition (register April 12-29)
  • One Session = $175
  • One Day (Three Sessions) = $495
  • Labor Relations Day = $325
  • April 26-28 All Access = $1475
  • April 26-29 All Access with Labor Relations = $1795
• Rates per registrant and may not be used for groups under any circumstances. No split registrations.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom to broadcast its Virtual Training Institute events. Many government computers and systems allow Zoom 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.
• How do I claim CLE or EEO refresher credits?
  • This program has been submitted (and we anticipate this program will be approved) for Virginia CLE credits. Members of other state bars must submit for CLE credit on their own, and may use the materials provided by FELTG in submissions. Attendees may also request a certificate of completion which will contain the number of training hours attended, and will designate how many EEO refresher hours were earned.
• Can I get HRCI credits for attending this class?
  • Each session is approved for 1.25 hours of HRCI general recertification credit. The HRCI course numbers will be available upon the conclusion of the training.
• 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 for the full event. Group discounts are available through April 11.

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

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.

Download Individual Registration Form

Tuesday, May 3

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, May 4

Session 2: Understanding Harassment and Planning the Investigation

12:30 pm – 4:00 pm eastern (break from 2:00 – 2:30)

Presented by Katherine Atkinson, 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 Katherine Atkinson 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, May 5

Session 3: Conducting the Investigation and Writing the Report

12:30 pm – 4:00 pm eastern (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 April 18): One Session = $340  |  Two Sessions = $650  |  Full Event = $900
• Standard Tuition (register April 19-May 5): 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 April 18. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom to broadcast this Virtual Training Institute event. Many government computers and systems allow Zoom 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 available through April 18.

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

This week of FELTG training focuses on conducting administrative investigations in the federal workplace with an emphasis on employee misconduct including workplace harassment. After an overview of the substantive law, participants will learn procedures and best practices for conducting administrative investigations, including understanding what constitutes misconduct, the differences between EEO and non-EEO harassment, planning the investigation, fact finding, collecting evidence, dealing with witnesses, understanding types of questioning, and testifying at hearing. The week concludes with a day focused on writing an investigative report.

Special content will also discuss conducting investigations post-pandemic, including tips for interviewing witnesses virtually, addressing safety concerns during in-person interviewing and evidence gathering, and more.

Note: this class includes breakout discussions and workshops, and attendees are encouraged to participate via audio. Because of the interactive nature of this program attendance is limited, so register early to guarantee your spot.

The program runs 12:30 – 4:30 eastern each day, with a 30-minute break midway.

This program meets the requirements for training under the Department of Interior’s Anti-Harassment Policy.

Instructors

Katherine Atkinson, Ann Boehm

Daily Agenda

Monday, August 15

Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; law behind other types of administrative investigations; witness rights; union representation.

Tuesday, August 16

Harassment Investigations: Investigating allegations of harassment; differentiating between EEO and non-EEO harassment; the latest on LGBTQ+ discrimination; overlapping forms of discrimination.

Wednesday, August 17

Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation. beginning the interview.

Thursday, August 18

Conducting the Investigation, Part II: Conducting the interview; handling difficult witnesses; assessing credibility/lies/hearing what isn’t said; body language; gathering other evidence; technology and investigations; high profile case considerations; testifying at an administrative hearing; rules for being an effective witness.

Friday, August 19

Writing the Investigative Report: Organizing for the report; establishing the chronology; writing for your audience; report writing style; report writing conventions; report organization; sample report.

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Early Bird Tuition (register by August 1):

• 5 days = $1495
• 4 days = $1225
• 3 days = $935
• 2 days = $700
• 1 day = $370

Standard Tuition (register August 2-19):

• 5 days = $1575
• 4 days = $1305
• 3 days = $995
• 2 days = $730
• 1 day = $400

Download Individual Registration Form

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 1:00 – 4:30 eastern each day, with a 30-minute break from  2:30 – 3:00 eastern.

Download Individual Registration Form

Tuesday, October 4

Session 1: Investigating Harassment: Misconduct Principles

1:00 pm – 4:30 pm eastern (break from 2:30 – 3:00)

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, October 5

Session 2: Understanding Harassment and Planning the Investigation

1:00 pm – 4:30 pm eastern (break from 2:30 – 3:00)

Presented by Katherine Atkinson, 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 Katherine Atkinson 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, October 6

Session 3: Conducting the Investigation and Writing the Report

1:00 pm – 4:30 pm eastern (break from 2:30 – 3:00)

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 September 19): One Session = $370  |  Two Sessions = $700  |  Full Event = $935
• Standard Tuition (register September 20-October 6): One Session = $400  |  Two Sessions = $730  |  Full Event = $995
• Rates per registrant. No split registrations permitted.
• Want to register a group? Group discounts are available through September 19. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom to broadcast this Virtual Training Institute event. Many government computers and systems allow Zoom 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 available through September 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.

Event Description

They just don’t get it. Some people think of the Federal workplace as a slow, monolithic bureaucracy. They don’t see the the abrupt changes in priorities that accompany every change in presidential administrations. They don’t understand how decisions by the Merit Systems Protection Board, Equal Employment Opportunity Commission, Federal Labor Relations Authority, Federal Circuit, or even the Supreme Court can upend years (even decades sometimes) of policies and procedures. And we haven’t even touched on Office of Personnel Management regulations. They don’t see the challenges of ensuring the workplace is accountable, striving to make the workplace look more like America, and resolving disputes that could the end up costing those same taxpayers.

There are people in all sectors of work that have an easy job. But if you’re an HR professional, attorney, supervisor, or an EEO or ER/LR specialist, you’re not one of those people.

We’ve got you. We understand the impact of changing times, rules, and laws.

This year’s Emerging Issues in Federal Employment Law provides the guidance to succeed in the dynamic (yes, dynamic) Federal Workplace. Learn from those you may see in the trenches, like former FELTG Instructor and current EEOC Administrative Judge Meghan Droste and arbitrator Joseph Schimansky. We’ll guide you through the ever-changing law, whether it’s justifying a PIP or recognizing the new face of reprisal. We’ll give you the path for moving forward, whether it’s overcoming bias or getting more use out of the probationary period.

With 11 unique sessions over four days, FELTG’s Emerging Issues in Federal Employment Law offers an opportunity to receive guidance with a fresh perspective. And many sessions offer opportunities to pick up CLE or EEO refresher credits.

Emerging Issues in Federal Employment Law provides benefits you just can’t get from online virtual training providers. You can register for any of the sessions individually, or you can register for the whole program.  Also, the training is presented LIVE by FELTG’s experienced and respected instructors, who will answer your questions, so you get answers in real time. Don’t put off getting the important training you need.

Download Individual Registration Form

This program meets the President’s mandate to provide training on diversity, equity, inclusion and accessibility in the Federal workplace.

Tuesday, April 18, 2023

Lessons Learned

Session 1

10:30 – 11:45 am ET

Avoiding Pitfalls: Advice from an EEOC AJ

Presented by Meghan Droste, Administrative Judge, Equal Employment Opportunity Commission

Course description: Be prepared. Be on time. Be civil. These are pretty basic expectations. Yet, they’re often forgotten once parties enter the EEO process. And once in the process, the potential pitfalls only increase. EEOC Administrative Judge Meghan Droste will discuss the common mistakes agencies make, from missing important deadlines to missing the mark in pleadings, whether it’s failing to provide citations to the record or exceeding page limits, or another reason. Don’t miss this opportunity to hear an EEOC AJ point out the specific perils you need to avoid to achieve success in the EEO process. Earn 1.25 CLE credits. 1.25

Session 2

1:00 – 2:15 pm ET

13 Months In: Tristan Leavitt Shares Important Lessons from the MSPB

Presented by Tristan Leavitt, former MSPB Member/President Empower Oversight; and Deborah J. Hopkins, Attorney at Law, FELTG President

Course Description: The Merit Systems Protection Board went through a tumultuous period recently. No one has had a bigger role during that time period than Tristan Leavitt. Leavitt served as a Board Member from 2022-2023 as part of the first quorum in over 5 years. Before that he served as General Counsel, and was the acting agency head after remaining Member Mark Robbins’ term expired in 2019.  FELTG President Deborah J. Hopkins will talk with Leavitt about how he steered the Board through the long period with no members, and will discuss important takeaways on topics including the Board’s view on post-Santos performance cases, the pendulum swing on comparator employees over the past decade-plus, important lessons on whistleblower protections, and more. Don’t miss this opportunity to hear Leavitt’s unique perspective. Ensure you’re prepared for the next time you have business with the agency.  Earn 1.25 CLE credits. 

Session 3

3:00 – 4:15 pm ET 

What I’ve Learned: Advice from an Arbitrator

Presented by Joseph Schimansky, Former Executive Director/Federal Service Impasses Panel,  FELTG Instructor

Course Description: The Federal Service Impasses Panel’s former Executive Director now spends his time, when not teaching for FELTG, arbitrating federal Labor Relations disputes. Joe Schimansky will share his guidance and advice on topics such as educating the arbitrator about your case, how the arbitrators view the Douglas factors in discipline cases, the rules in handling requests for attorney’s fees, navigating loser pays provisions, and the role of past practices when interpreting contract provisions.

Wednesday, April 19, 2023

The Ever-Changing Law

Session 4

10:30 – 11:45 am ET

The How, Why, and When of Justifying a PIP

Presented by Robert Woods, Attorney at Law, FELTG Instructor

Course Description: Federal supervisors have a useful tool to deal with underperforming employees – the Performance Improvement Plan (PIP). Yet, supervisors have consistently struggled with getting PIPs right, even before the recent decision in Santos v. NASA, which requires agencies to have substantial evidence of poor performance BEFORE the implementing the PIP. FELTG Instructor Bob Woods will detail the ins and outs of this new requirement and share clear guidance and the effective, time-tested FELTG approach to handling unacceptable performance. Earn 1.25 CLE credits.

Session 5

1:00 – 2:15 pm ET

The Many Faces of Reprisal

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

Course description: Did you know that the most common discrimination finding in Federal sector cases is reprisal, also known as retaliation? Why does it continue to be the most common finding and why does it show up in nearly half of all EEO complaints? Because it’s ubiquitous. Reprisal rears its ugly head in numerous situations – and those scenarios continue to change over time. FELTG Instructor Katie Atkinson will provide a thorough review of the various forms of EEO reprisal and share important guidance on how to keep it from happening at your agency, with a special focus on “per se reprisal.” Earn 1.25 CLE credits. 1.25

Session 6

3:00 – 4:15 pm ET

MSPB and EEOC Case Law Update

Presented by Deborah Hopkins, Attorney at Law, FELTG President

Course description: The MSPB is back and delivering decisions, the FLRA and EEOC continue to issue important decisions, the Federal Circuit has been hopping, and OPM regularly updates its guidance. A District Court in Texas recently put a hold on major Federal workplace mandates, and a Federal Appeals court has recently struck down FLRA policy decisions. It’s a lot to keep up with. That’s why you need to join FELTG for this fast-paced review of the most surprising, significant, and groundbreaking developments in Federal employment law. Earn 1.25 CLE credits.

Thursday, April 20, 2023

Moving Forward

Session 7

10:30 – 11:45 am ET

Overcoming Bias: The Power to Make Visible the Invisible

Presented by Dr. J. Bruce Stewart, Chief Executive Officer, Small World Solutions

Course description: Unconscious bias is natural, prevalent, and human, according to Bruce Stewart. But that doesn’t mean it should be ignored. In some cases, unconscious bias can lead people, teams, and organizations to be less creative, inclusive, and effective as they could be. This 75-minute training will provide strategies and structures for individuals, teams, and organizations to overcome the negative impact of the human condition known as unconscious bias. 1.25

Session 8

1:00 – 2:15 pm ET

Up in Smoke? Changing Laws, Marijuana, and the Federal Workplace

Presented by Deborah Hopkins, Attorney at Law, FELTG President

Course description:This presentation coincides with 4/20 celebrations across the country, as marijuana dispensaries offer big sales and individuals partake in the drug, many of them doing so legally. Following President Biden’s pardon for people convicted of simple possession of marijuana, and the growing legalization movement, we received a lot of questions regarding Federal employees and their use, whether recreationally, medicinally, or “accidentally” – of marijuana.  FELTG President Deborah Hopkins will review the laws that apply to Federal employees, discuss relevant MSPB cases, and share the most effective approach to managing and/or disciplining employees when their drug usage seeps into the workplace. Earn 1.25 CLE credits. 

Session 9

3:00 – 4:15 pm ET

Everything You Want to Know About Probationary Periods 

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: On the surface, probationary periods seem rather simple. An employee is given a year to prove they are a good fit for the job. But, as many agencies are now realizing, there can be challenges. What if, due to the employee’s shifting job responsibilities or leave, you are unable to make an appropriate determination at the end of the period? Must you notify employees when their probationary periods are coming to an end? Can you discipline or PIP someone during a probationary period? When re-instating or competitively hiring an employee, is a new probationary period required? FELTG Instructor Ann Boehm will lead a discussion on all you need to know. Earn 1.25 CLE credits. 

Friday April 21, 2023

Labor Relations Spotlight

Session 10

10:30 – 11:45 am ET

The Union Doesn’t Get to Attend Every Meeting

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: Why do unions have the right to attend formal discussions? Why did Congress use the word “formal?” What does “formal” mean? What if the employee doesn’t want the union to attend the meeting? Is it better to just invite the union to every meeting? You have questions, questions, and more questions – and FELTG Instructor Ann Boehm has all the answers. Earn 1.25 CLE credits.

Session 11

1:00 – 2:15 pm ET

FLRA Case Law Update

Presented by Joseph Schimansky, Former Executive Director/FSIP, FELTG Instructor

Course description: During this 75-minute session, Joe Schimansky will bring you up to speed on everything FLRA, from significant decisions in the areas of negotiability, arbitration, unfair labor practices, and representation to the impact that the lack of a third member has had on the Authority.

Registration

Download Individual Registration Form

Price

• Early Bird Tuition (register by April 3):
  • One Session = $165
  • One Day (Three Sessions) = $425
  • Labor Relations Day = $295
  • April 18-20 All Access  = $1245
  • April 18-21 All Access with Labor Relations = $1495
• Standard Tuition (register April 4-21)
  • One Session = $195
  • One Day (Three Sessions) = $525
  • Labor Relations Day = $355
  • April 18-20 All Access = $1565
  • April 18-21 All Access with Labor Relations = $1895
• Rates per registrant and may not be used for groups under any circumstances. No split registrations.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom to broadcast its Virtual Training Institute events. Many government computers and systems allow Zoom 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.
• How do I claim CLE or EEO refresher credits?
  • This program has been submitted (and we anticipate this program will be approved) for Virginia CLE credits. Members of other state bars must submit for CLE credit on their own, and may use the materials provided by FELTG in submissions. Attendees may also request a certificate of completion which will contain the number of training hours attended, and will designate how many EEO refresher hours were earned.
• Can I get HRCI credits for attending this class?
  • Each session is approved for 1.25 hours of HRCI general recertification credit. The HRCI course numbers will be available upon the conclusion of the training.
• 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 for the full event. Group discounts are available through April 3.

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.

Course 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.

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. Learn to conduct investigations virtually, as more are done since the pandemic. 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 1:00 – 4:30 eastern each day, with a 30-minute break midway.

Tuesday, April 25, 2023

Session 1: Investigating Harassment: Misconduct Principles

1:00 pm – 4:30 pm eastern (30-minute break midway)

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 into 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, April 26, 2023

Session 2: Understanding Harassment and Planning the Investigation

1:00 pm – 4:30 pm eastern (30-minute break midway)

Presented by Ann Boehm, 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 Ann Boehm 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, April 27, 2023

Session 3: Conducting the Investigation and Writing the Report

1:00 pm – 4:30 pm eastern (30-minute break midway)

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 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.

Registration

Download Individual Registration Form

Price

• Early Bird Tuition (register by April 10): One Session = $395  |  Two Sessions = $725  |  Full Event = $995
• Standard Tuition (register April 11 or later): One Session = $495  |  Two Sessions = $825  |  Full Event = $1095
• Rates per registrant. No split registrations permitted.
• Want to register a group? Group discounts are available through April 10. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom to broadcast this Virtual Training Institute event. Many government computers and systems allow Zoom 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 available through April 10.

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.

Course Description

This week of FELTG training focuses on conducting administrative investigations in the federal workplace with an emphasis on employee misconduct, including workplace harassment. After an overview of the substantive law, participants will learn procedures and best practices for conducting administrative investigations, including understanding what constitutes misconduct, the differences between EEO and non-EEO harassment, planning the investigation, fact finding, collecting evidence, dealing with witnesses, understanding types of questioning, and testifying at hearing. The week concludes with a day focused on writing an investigative report.

Special content will also discuss conducting investigations post-pandemic, including tips for interviewing witnesses virtually, addressing safety concerns during in-person interviewing and evidence gathering, and more.

Note: This class includes breakout discussions and workshops, and attendees are encouraged to participate via audio. Because of the interactive nature of this program attendance is limited, so register early to guarantee your spot.

This program meets the requirements for training under the Department of Interior’s Anti-Harassment Policy.

Monday, August 14

Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; law behind other types of administrative investigations; witness rights; union representation.

Tuesday, August 15

Harassment Investigations: Investigating allegations of harassment; differentiating between EEO and non-EEO harassment; the latest on LGBTQ+ discrimination; overlapping forms of discrimination.

Wednesday, August 16

Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation. beginning the interview.

Thursday, August 17

Conducting the Investigation, Part II: Conducting the interview; handling difficult witnesses; assessing credibility/lies/hearing what isn’t said; body language; gathering other evidence; technology and investigations; high profile case considerations; testifying at an administrative hearing; rules for being an effective witness.

Friday, August 18

Writing the Investigative Report: Organizing for the report; establishing the chronology; writing for your audience; report writing style; report writing conventions; report organization; sample report.

Date and Time

August 14-18, 2923

12:30 – 4:30 pm ET each day (with a 30-minute break)

Instructors

Ann Boehm, Robert Woods

Registration

Download Individual Registration Form

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Early Bird Tuition (register by July 31):

• 5 days = $1595
• 4 days = $1365
• 3 days = $995
• 2 days = $725
• 1 day = $395

Standard Tuition (register August 1 and later):

• 5 days = $1695
• 4 days = $1465
• 3 days = $1095
• 2 days = $825
• 1 day = $495

Course 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.

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. Learn to conduct investigations virtually, as more are done since the pandemic. 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 1:00 – 4:30 eastern each day, with a 30-minute break midway.

Tuesday, October 3, 2023

Session 1: Investigating Harassment: Misconduct Principles

1:00 pm – 4:30 pm eastern (30-minute break midway)

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 into 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, October 4, 2023

Session 2: Understanding Harassment and Planning the Investigation

1:00 pm – 4:30 pm eastern (30-minute break midway)

Presented by Katherine Atkinson, 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 Katherine Atkinson 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, October 5, 2023

Session 3: Conducting the Investigation and Writing the Report

1:00 pm – 4:30 pm eastern (30-minute break midway)

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 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.

Registration

Download Individual Registration Form

Price

• Early Bird Tuition (register by September 18): One Session = $395  |  Two Sessions = $725  |  Full Event = $995
• Standard Tuition (register September 19 or later): One Session = $495  |  Two Sessions = $825  |  Full Event = $1095
• Rates per registrant. No split registrations permitted.
• Want to register a group? Group discounts are available through September 18. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom to broadcast this Virtual Training Institute event. Many government computers and systems allow Zoom 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 available through September 18.

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.

Course Description

This week of FELTG training focuses on conducting administrative investigations in the federal workplace with an emphasis on employee misconduct, including workplace harassment. After an overview of the substantive law, participants will learn procedures and best practices for conducting administrative investigations, including understanding what constitutes misconduct, the differences between EEO and non-EEO harassment, planning the investigation, fact finding, collecting evidence, dealing with witnesses, understanding types of questioning, and testifying at hearing. The week concludes with a day focused on writing an investigative report.

Special content will also discuss conducting investigations post-pandemic, including tips for interviewing witnesses virtually, addressing safety concerns during in-person interviewing and evidence gathering, and more.

Note: This class includes breakout discussions and workshops, and attendees are encouraged to participate via audio. Because of the interactive nature of this program attendance is limited, so register early to guarantee your spot.

The program runs 12:30 – 4:30 eastern each day, with a 30-minute break midway.

Daily Agenda

Monday, March 4

Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; law behind other types of administrative investigations; witness rights; union representation.

Tuesday, March 5

Harassment Investigations: Investigating allegations of harassment; differentiating between EEO and non-EEO harassment; the latest on LGBTQ+ discrimination; overlapping forms of discrimination.

Wednesday, March 6

Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation. beginning the interview.

Thursday, March 7

Conducting the Investigation, Part II: Conducting the interview; handling difficult witnesses; assessing credibility/lies/hearing what isn’t said; body language; gathering other evidence; technology and investigations; high profile case considerations; testifying at an administrative hearing; rules for being an effective witness.

Friday, March 8

Writing the Investigative Report: Organizing for the report; establishing the chronology; writing for your audience; report writing style; report writing conventions; report organization; sample report.

Date and Time

March 4 – 8, 2024

12:30 – 4:30 pm ET each day (with a 30-minute break)

Instructors

Katherine Atkinson, Ann Boehm

Registration

Download Individual Registration Form

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Early Bird Tuition (register by February 1):

• 5 days = $1695
• 4 days = $1465
• 3 days = $1095
• 2 days = $825
• 1 day = $495

Standard Tuition (register February 2 and later):

• 5 days = $1795
• 4 days = $1565
• 3 days = $1195
• 2 days = $925
• 1 day = $595

Event Description

FELTG’s annual Emerging Issues in Federal Employment Law has a simple mission — to  ensure the Federal workplace is accountable, that it looks more like the America it serves, and that you have all of the necessary tools to make this happen. Whether you’re an HR professional, attorney, supervisor, advisor, or an EEO or ER/LR specialist, you’ll find useful guidance in multiple events this week.

This year’s Emerging Issues in Federal Employment Law aims to help you succeed in the the Federal workplace circa 2024. We’ll guide you through the ever-changing law, share the steps for succeeding with up-and-down performers, provide guidance on how to make your team more resilient, offer tips for ensuring equity in hiring, and much more.

With 7 unique sessions over 4 days, FELTG’s Emerging Issues in Federal Employment Law offers an opportunity to receive guidance with a fresh perspective. And many sessions offer opportunities to pick up CLE or EEO refresher credits.

Emerging Issues in Federal Employment Law provides benefits you just can’t get from online virtual training providers. You can register for any of the sessions individually, or you can register for the whole program.  Also, the training is presented LIVE by FELTG’s experienced and respected instructors, who will answer your questions, so you get answers in real time. Don’t put off getting the important training you need.

Download Individual Registration Form

This program meets the President’s mandate to provide training on diversity, equity, inclusion and accessibility in the Federal workplace.

Download Individual Registration Form

Monday, April 22, 2024

Session 1

2 – 4 pm ET

What They’re Saying: MSPB, EEOC, and FLRA Case Law Update

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: FELTG’s annual Emerging Issues Conference kicks off with a two-hour dive into the most significant caselaw coming out of the Merit Systems Protection Board (MSPB), the Equal Employment Opportunity Commission (EEOC), the Federal Labor Relations Authority (FLRA), and the Federal Circuit. These Federal employment law cases impact your day-to-day work, so join us and learn how to ensure a discrimination-free workplace and take effective action on performance and conduct that will hold up to third-party scrutiny.  Earn 2 CLE credits. 1

Course objectives

Attendees will learn how to:

• Evaluate the significance of the recent case decisions in Federal employment law.
• Avoid mistakes in performance and conduct actions.
• Identify and immediately address potential discrimination.

.

Tuesday, April 23, 2024

Session 2

11 am – 1 pm ET

What Exactly is Undue Hardship Anymore?

Presented by Bob Woods, Attorney at Law, FELTG Instructor

Course Description:The Supreme Court upended decades of precedent in its unanimous decision Groff v. DeJoy. This is a big change for the concept of undue hardship in religious accommodation, experts say. But is it really? And how does it differ when it comes to reasonable accommodations for disability or pregnancy? Mr. Woods will deconstruct the distinctions between accommodations and explain the legal ramifications of each. Earn 2 CLE credits. 

Course objectives

Attendees will learn how to:

• Understand how an agency can prove undue hardship – and how it cannot.
• Describe the differences between undue hardship for religious, disability, and pregnancy accommodations.
• Handle employees’ requests to be excused from performing certain job tasks because of religious reasons.

Session 3

2 – 4 pm ET 

Driving Resilience and Mental Wellbeing in the Federal Workplace

Presented by Shana Palmieri, LCSW, FELTG Instructor

Course Description: A successful team is one that can handle unexpected and stressful situations. How do you build that kind of resilience among your employees? Ms. Palmieri will explain the importance of mental wellbeing in the workplace as well as how to manage toxic and other difficult employees who derail team success.

Course objectives

Attendees will learn how to:

• Understand mental well-being in the workplace.
• Reduce toxic dynamics.
• Implement strategies to retain and attract a high-functioning team.

Wednesday, April 24, 2024

Session 4

11 am – 1 pm ET

Equity in Hiring 

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

Course Description: This session will provide step-by-step guide for ensuring fair treatment and nondiscrimination in every phase of your hiring process, from developing selection criteria, through recruitment and all the way to the conditional offer, with a special focus on structured interviews that are fair, equitable, and nondiscriminatory. You will leave this class with the keys and tools for creating a well-qualified workforce, while avoiding the mistakes that have befallen many other agencies. Plus, you’ll learn how to best defend against allegations of discriminatory hiring.  Earn 2 CLE credits. 2

Course objectives

Attendees will learn how to:

• Conduct effective and equitable structured interviews.
• Identify problematic interview questions.
• Recognize bias in the hiring process.

Session 5

2 – 4 pm ET

Engagement to Motivation — the FEVS and Beyond

Presented by Susan Schneider, EdM, MS, FELTG Instructor

Course description: Employee Engagement (EE) is vital to meet today’s challenges in the Federal workplace. Each year, agencies receive an EE score, based upon a survey done months before. The data is limited, particularly for regulatory organizations in the spotlight. This course describes the limitations of the EE score and examines the link between engagement, motivation, and leveraging employees’ strengths. Participants will explore realistic strategies for increasing engagement and creating tailored, timely measures of EE.

Course objectives

Attendees will learn how to:

• Develop a deeper understanding of engagement and motivation.
• Explain the limitations of FEVS’ measurement of employee engagement.
• Create realistic strategies for increasing engagement, including opportunities for employees to use their strengths.
• Produce tailored and timely measures of engagement.

Thursday, April 25, 2024

Session 6

11 am – 1 pm

Say Whaaat?!? Respectful Communication in the Workplace

Presented by Roslyn Brown, President/CEO at EEO Workplace Strategies

Course description: Subtle and overt language, joking, off-handed comments, and offensive comments and gestures can lead to a hostile work environment. And that includes ill-advised, even if not ill-intentioned, phrases such as “hold down the fort” and “low man on the totem pole.” Being a respectful communicator means more than just not offending anyone, it also means taking preventive measures to tailor your communication to avoid misunderstandings, irrespective of the cultural and ethnic differences that we all bring into the workplace. Roslyn Brown will not only explain why certain phrases are troublesome but show you what to do when something offensive is said. 2

Course objectives

Attendees will learn how to:

• Recognize cultural expressions that are offensive to people in protected classes.
• Explain the importance of a respectful workplace in complying with the Executive Order on Promoting Diversity, Equity, Inclusion and Accessibility in the Federal workplace.
• Intervene effectively when offensive comments are made in the workplace.

Session 7

2 – 4 pm ET

Managing Chronic Performance and Conduct Issues

Presented by Deborah Hopkins, Attorney at Law, FELTG President

Course description: Whether it’s up-and-down roller coaster performers or repeat offenders of misconduct, chronically challenging employees eat up time, create workplace stress, and dampen productivity. And it will only get worse until you address the issue. FELTG President Deborah J. Hopkins will share the tools necessary to address performance issues and lay the groundwork for progressive discipline. Attendees will leave with the confidence to swiftly address poor-performing and misbehaving employees.

Course objectives

Attendees will learn how to:

• Differentiate between performance problems and misconduct.
• Manage an employee’s wide swings of performance.
• Effectively apply progressive discipline.

Registration

Download Individual Registration Form

Price

• Early Bird Tuition (register by March 22):
  • Per Session = $345
  • April 22-25 All Access  = $1995

• Standard Tuition (register March 23-April 25)
  • Per Session = $385
  • April 22-25 All Access = $2295

• Rates per registrant and may not be used for groups under any circumstances. No split registrations.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom to broadcast its Virtual Training Institute events. Many government computers and systems allow Zoom 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.
• How do I claim CLE or EEO refresher credits?
  • This program has been submitted (and we anticipate this program will be approved) for Virginia CLE credits. Members of other state bars must submit for CLE credit on their own, and may use the materials provided by FELTG in submissions. Attendees may also request a certificate of completion which will contain the number of training hours attended, and will designate how many EEO refresher hours were earned.
• Can I get HRCI credits for attending this class?
  • Each session is approved for 2 hours of HRCI general recertification credit. The HRCI course numbers will be available upon the conclusion of the training.
• 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 for the full event. Group discounts are available through March 22.

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.

Course 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.

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. Learn to conduct investigations virtually, as more are done since the pandemic. 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 1:00 – 4:30 eastern each day, with a 30-minute break midway.

Tuesday, April 30, 2024

Session 1: Investigating Harassment: Misconduct Principles

1:00 pm – 4:30 pm eastern (30-minute break midway)

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 into 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, May 1, 2024

Session 2: Understanding Harassment and Planning the Investigation

1:00 pm – 4:30 pm eastern (30-minute break midway)

Presented by Katherine Atkinson, 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 Katherine Atkinson 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, May 2, 2024

Session 3: Conducting the Investigation and Writing the Report

1:00 pm – 4:30 pm eastern (30-minute break midway)

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 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.

Registration

Download Individual Registration Form

Price

• Early Bird Tuition (register by March 31): One Session = $495  |  Two Sessions = $825  |  Full Event = $1095
• Standard Tuition (register April 1 or later): One Session = $595  |  Two Sessions = $925  |  Full Event = $1195
• Rates per registrant. No split registrations permitted.
• Want to register a group? Group discounts are available through March 31. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom to broadcast this Virtual Training Institute event. Many government computers and systems allow Zoom 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 available through March 31.

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.