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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 Individual Registration Form

Course Description

The one-size-fits-all approach to managing others is ineffective, and that becomes particularly apparent when the majority of your staff is teleworking.  Drawing upon the latest research and best practices in behavioral science, communication, team effectiveness, and generational studies, while making special consideration of the increased use of telework during the COVID-19 pandemic, FELTG Instructor Dr. Anthony Marchese will share his insight and practical strategies to ensure you are managing for success.

For many of you, employees are starting to return to the workplace, which will create some new management challenges. Rarely has the quality of your communication been more important.

Sessions will be held from 12:30 pm – 4:00 pm eastern, with a break from 2:00-2:30 pm.

Instructor

Anthony Marchese, PhD

Who Should Attend

Federal supervisors and managers; attorneys; Labor and Employee Relations Specialists; EEO specialists; union representatives.

Agenda

Wednesday, August 18 – Managing Effectively

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

Course description: Dr. Marchese will explain the difference between managing and leading, and help you to identify your strength and hone your supervisory skills. Using realistic agency scenarios, participants will learn how to understand and leverage individual differences to develop a meaningful management methodology that is targeted to the needs of their employees and those of the agency.

Learning Objectives

Attendees will learn how to:

• Identify strategies for managing difficult employees.
• Successfully manage a mobile workforce.
• Employ a specific set of skills to resolve workplace conflicts – including virtual conflicts.

Thursday, August 19 – Communicating Effectively

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

Course description: What is stopping you and your team from developing innovative solutions to your most challenging problems? Oftentimes, the problem lies in a unit’s lack of communication. In Day 2 of this interactive virtual training, Dr. Marchese will share several strategies for improving communication with your staff – and it starts with you providing ongoing feedback on employee performance.

Learning Objectives

Attendees will learn how to:

• (And how often to) communicate performance expectations.
• Recognize the differences between positive and negative framing.
• Hold difficult conversations with employees.

Price

• Early Bird Tuition: $345 per session, $630 for both sessions (register by August 2).
• Standard Tuition: $395 per session, $685 for both sessions (register August 3-19).
• Rates per registrant. No split registrations.

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.
• 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 August 2.

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

We’re back!  Once again, FELTG’s experienced and widely respected instructors come together for the Federal Workplace 2021: Accountability, Challenges, and Trends virtual training event. In this event we focus on making sure you’re prepared to effectively manage the Federal employment challenges that are new, complicated, and critical to your and your agency’s success. Let FELTG lead you into the new fiscal year the right way.

The last year was, to continue the overuse of the word, unprecedented. A pandemic. Remote work. Political chaos. Targeted harassment. A new administration. During the course of this weeklong training, FELTG instructors will share the best practices and lessons learned over the previous fiscal year, and provide the guidance and expertise you’ll need to thrive in the upcoming year.

We know you have plenty of training options – both onsite and virtual – to choose from this time of year. This program has several advantages. Although not a conference, it provides an opportunity for conference-like training for those who can’t get travel approval, or for those not quite ready to squish into packed rooms. And unlike other virtual events where you have to register for the full agenda, this training event allows attendees to register for only the sessions they prefer to attend. In addition, FELTG is an SBA-certified Woman Owned Small Business, allowing your agency to help achieve its small business set aside fiscal targets. And if all that wasn’t enough, Federal Workplace 2021: Accountability, Challenges, and Trends is completely live, and attendees have the opportunities to ask questions and engage in polls and other activities. Beware of “virtual” conferences that aren’t live.

No matter your job title, this event has something for you. Attendees will receive clear strategies and straight-forward guidance on holding employees accountable on emerging performance and conduct issues, deftly handling the most complex challenges, and identifying and handling those pesky issues that are new — or will be soon enough.

Who Should Attend

Attorneys; Labor and Employee Relations Specialists; EEO managers and directors; EEO specialists; Reasonable Accommodation Coordinators; Federal supervisors and managers; emerging leaders; security officers; union representatives.

Download Individual Registration Form

Monday, September 27, 2021

Pre-session

1 – 4:30 pm EDT

EEO Challenges, COVID-19, and a Return to Workplace Normalcy

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

(Earn 3 EEO counselor & investigator refresher hours and/or 3 CLE credits)

President Biden’s Executive Order requires all Federal employees to be vaccinated with no option for regular coronavirus testing to opt out of the mandate. What does this mean for employees who refuse to get vaccinated? Are there any religious exemptions that would allow employees to continue to work without vaccination? What about employees who cannot get vaccinated due to a disability – can agencies accommodate them?

• If a supervisor treats an employee like she has COVID-19, could that employee have a “regarded as” claim under the ADA/Rehabilitation Act?
• How would you handle an employee’s claim that he’s being harassed because he is at high risk for COVID-19, or has recovered from the virus?
• Does asking the pre-vaccination screening questions create a violation of Title II of the Genetic Information and Nondiscrimination Act?

Plus, you’ll have plenty of opportunities to ask questions about the unique problems you’re facing during these unprecedented times.

Learning takeaways

Attendees will learn how to determine:

• Whether an employee with COVID-19 or pre-existing respiratory sensitivities should receive a reasonable accommodation.
• How pregnant women fit into the framework of EEO and COVID-19.

Tuesday, September 28, 2021

Spotlight on Accountability

Session 1

9:30 – 10:45 am EDT

You Want Accountability? Avoid These Too-Common Mistakes

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

(Earn 1.25 CLE credits)

Almost 60 percent of Federal employees think their supervisors do not do enough to hold unacceptable performers accountable. Meanwhile, myths about the inability to discipline employees for misconduct continue to fester. There is one action you can take to boost your agency’s FEVS scores, increase morale, and improve productivity, and it’s this: Do a better job holding employees accountable for performance and conduct. The best way to start is by eliminating the most common mistakes that derail your efforts. FELTG President Deborah Hopkins will identify these habitual errors, such as using too many suspensions, delaying discipline in favor of unhelpful  letters of caution, committing due process violations, and more.

Learning takeaways

Attendees will learn how to:

• Avoid due process mistakes in appealable actions.
• Properly document an employee’s poor performance before a PIP.
• Draft effective charges that hold up to third-party scrutiny.

Session 2

11:15 am – 12:30 pm EDT

Got Nexus? Accountability for Off-duty Conduct

Presented by Bob Woods, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

The borderline between on-duty and off-duty has become blurred as of late, with a majority of employees working from home and the omnipresence of social media. Yet, one thing has remained clear and constant: If you’re going to discipline someone for what they do on their own time, you need to show a nexus between the employee’s actions and their Federal job. FELTG Instructor Robert Woods will help you untangle your most challenging off-duty misconduct scenarios and illustrate the situations where the conduct is so egregious as to create a rebuttable presumption of nexus.

Learning takeaways

Attendees will learn how to:

• Demonstrate nexus between the off-duty conduct and the efficiency of the service.
• Understand how Douglas Factor Eight: Notoriety and Agency Reputation can create nexus.
• Select an effective and defensible penalty for off-duty conduct.

Session 3

1:30 – 2:45 pm EDT

Medical Certification Requirements for Sick Leave and FMLA

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

(Earn 1.25 CLE credits)

Challenging situations involving sick leave and FMLA are, unfortunately, neither rare nor easy to solve. For example: An employee brings in a medical statement in support of her FMLA request. The statement only says that the employee is “unable to work.” Here’s another one: An employee refuses to bring medical documentation to support three weeks of absence to care for a family member who has a serious health condition. Or what about the employee who claims, for the first time during an MSPB appeal, that she was not AWOL and should have been entitled to sick leave. FELTG Senior Instructor Barbara Haga will provide the solutions to these scenarios, explain how MSPB decisions inform discussions about requirements for medical certification, share OPM’s requirements for revoking retroactive FMLA, and more.

Learning takeaways

Attendees will learn how to:

• Recognize the different medical certification requirements for sick leave and for FMLA.
• Implement clear policies on deadlines for submitting medical certification.
• Explain the requirement for granting provisional leave under the FMLA.

Session 4

3:15 – 4:30 pm EDT

Tools for Accountability: Position Descriptions, Performance Standards, and Medical Requirements

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

(Earn 1.25 CLE credits)

There is a lot of confusion about where the authority comes from to hold employees accountable for many things related to their positions, whether it’s medical requirements to hold licenses and certifications, work rules for proper use of credit cards and completing mandatory training, or successful performance of the key functions of their jobs. FELTG Senior Instructor Barbara Haga will explain how to maximize the effectiveness of the various tools management can employ to establish requirements and then deal with situations when employees fail to meet those requirements.

Learning takeaways

Attendees will learn how to:

• Ensure effective use of well-crafted position descriptions.
• Implement conduct standards that cover the full gamut of expectations that employees must meet.
• Develop effective and workable performance plans to accurately capture how well employees perform.

Wednesday, September 29, 2021

Spotlight on Challenges

Session 5

9:30 – 10:45 am EDT

Re-boarding: Strategies to Support a Successful Return to the Office

Presented by Anthony Marchese, PhD, Author/Coach/Consultant, FELTG Instructor

Most Federal employees are still working remotely, though many of them may soon make a return to the physical workplace. The remote work experience of the last 18 months has provided us with many lessons learned, research findings, and best practices to help supervisors seize the opportunity to nurture a workforce that is stronger and more resilient than ever before. During this session, FELTG Instructor Anthony Marchese, PhD, will share practical strategies for supervisors and advisers to help your employees return to the office smarter, stronger, and more satisfied with work.

Learning takeaways

Attendees will learn how to:

• Reset expectations and accountability in the post-pandemic workplace.
• Improve communication and collaboration among hybrid teams.
• Create a culture of candor and connection.

Session 6

11:15 am – 12:30 pm EDT

Resolving Conflicts Before They Lead to Litigation

Presented by Marcus Hill, Principal/Hill Management Consultancy (HMC) LLC, FELTG Instructor

As a Federal supervisor, it’s not a matter of if you will ever experience conflict within the workplace, but when. While workforce diversity is without a doubt an organizational strength, it can also make resolving conflict more difficult due to varying perspectives, orientations, and backgrounds. Conflict that is properly managed can be very beneficial to organizational performance and mission effectiveness. Marcus L. Hill, a recently retired Federal senior executive, will discuss common causes that create workplace conflicts, as well as strategies and practices supervisors can employ to resolve conflict before it leads to workplace chaos, organizational ineffectiveness, and costly litigation.

Learning takeaways

Attendees will learn how to:

• Identify the common types of conflicts that exists within organizations.
• Identify conflict management styles, strategies and tools, and when to apply them.
• Create an organizational culture that builds staff trust through inclusivity, promotes workplace harmony, and inspires innovative problem-solving to resolve conflict.

Session 7

1:30 – 2:45 pm EDT

Identifying and Eliminating Microaggressions in the Workplace

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

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

FELTG Instructor Deborah J. Hopkins, attorney at law, will explain what microaggressions look like in their various forms — including microinsults, microassaults, and microinvalidations. If those words are all new to you, you’re not alone – but it’s time to get up to speed. Ms. Droste will share an implicit bias test, explain its impact, and provide examples where bias can lead to EEO and non-EEO discrimination and harassment.

Learning takeaways

Attendees will learn how to:

• Determine when bias or microaggression leads to the level of discrimination.
• Identify acts of microaggression and acts influenced by implicit bias.
• Respond appropriately and effectively when you see a microaggression in the workplace.

Session 8

3:15 – 4:30 pm EDT

The Reasonable Accommodation Mistakes Agencies Make

Presented by Bob Woods, Attorney at Law, FELTG Instructor

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

Oftentimes, the best way to learn is by making mistakes. But not when it comes to reasonable accommodation law. Instead, learn from the blunders that other agencies have already made to prepare your agency to do things the right way. Bob Woods will share those mistakes, covering everything from the interactive process to telework to undue hardship, to raise awareness of how to avoid them.

Learning takeaways

Attendees will learn how to:

• Determine when to offer an accommodation different from the one requested.
• Recognize when leave would be considered an appropriate accommodation.
• Identify the agency defenses that have been successful when denying a reasonable accommodation request.

Thursday, September 30, 2021

Spotlight on Trends

Session 9

9:30 – 10:45 am EDT

The Changing Nature of Hostile Work Environment Claims

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

Unfortunately, the Federal workplace is not immune to reprehensible harassing behavior. As the pandemic raged and employees remained home, many thought that hostile work environment incidents would wane, yet the targets of hostile work environment merely expanded and changed. More harassment was aimed at Asian American and Pacific Islanders and LGBTQ employees, and harassment took more virtual forms including email and social media. Katherine Atkinson will discuss in clear terms the law on hostile work environment claims, amid the changing nature of the harassing behavior.

Learning takeaways

Attendees will learn how to:

• Determine when an agency could be held liable for hostile work environment.
• Raise awareness to prevent harassment from taking place.
• Take prompt and effective corrective action when harassment is alleged.

Session 10

11:15 am – 12:30 pm EDT

High Times and Misdemeanors: Weed and the Workplace

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

(Earn 1.25 CLE credits)

Recreational marijuana is legal in almost a dozen states and the District of Columbia, and its use for medical purposes is now legal in 30-plus states. What does that mean for Federal workers in those locations? Could their careers still go up in smoke for a “legal” activity? Are you required to accommodate an employee’s medically certified marijuana usage? What should you do if the Federal employee is married to someone who legally grows marijuana? Should you overlook an employee’s suspected marijuana usage because it makes him more pleasant to work with? FELTG President Deborah Hopkins will review the laws that apply to Federal employees and share the most effective approach to managing and/or disciplining employees when their drug usage seeps into the workplace.

Learning takeaways

Attendees will learn how to:

• Craft the right charge when disciplining an employee for marijuana usage.
• Determine when it’s appropriate to require an employee to take a drug test.
• Handle an employee who has lied about previous marijuana usage.

Session 11

1:30 – 2:45 pm EDT

Preparing for the Surge in Accommodation Requests for Telework

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

By most accounts, the great telework experiment worked. And as employees are directed to return to the physical workplace, it’s widely expected that requests for telework as a reasonable accommodation for disability (and, perhaps, for religious reasons) will increase significantly. Are you prepared for these requests? Do you have a proper procedure in place? What do you need to know about the interactive process? Ann Boehm discusses it all.

Learning takeaways

Attendees will learn:

• How to determine whether telework would be an effective accommodation.
• When an agency can legally deny telework as an accommodation.
• What the EEOC says about accommodating an employee’s commute.

Session 12

3:15 – 4:30 pm EDT

Case Law Update, Part I: MSPB, EEOC, and Fed Circuit

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

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.

Learning takeaways

Attendees will learn:

• How a few recent Federal Circuit decisions have caused a major change at the MSPB in the absence of a quorum.
• The most updated guidance on Whistleblower protections.
• Recent trends in EEOC case law.

Friday, October 1, 2021

Spotlight on Labor Relations

Session 13

9:30 – 10:45 am EDT

Case Law Update, Part II: FLRA and FSIP

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

(Earn 1.25 CLE credits)

Over the past year-and-a-half, the Federal Labor Relations Authority has released several precedent-altering decisions. The Federal Service Impasses Panel has also 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, Labor Relations practitioners, and union representatives.

Learning takeaways

Attendees will learn:

• Which Trump FLRA decisions are most likely to be reversed by the Biden FLRA.
• How the Biden FSIP will operate differently from the practices adopted by the Trump FSIP.
• The latest updates on the appointment of new FLRA and FSIP Members by the Biden Administration.

Session 14

11:15 am – 12:30 pm EDT

Permissive Bargaining

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

Permissive bargaining isn’t really permissive now, thanks to Executive Order 14003.  Agencies must bargain over the 5 U.S.C. 7106(b)(1) topics.  But what are the topics that fall under 5 U.S.C. 7106(b)(1)? This course will help you understand the complicated world of negotiability, and it will also help agencies realize that bargaining over these topics isn’t the end of the world.

Learning takeaways

Attendees will learn:

• Determine best practices in dealing with negotiability determinations in light of EO 14003.
• Develop effective negotiation strategies.
• Implement communication strategies to ensure mission is not adversely impacted by labor negotiations.

Session 15

1:30 – 2:45 pm EDT

Requests for Information

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

Just about any federal labor relations professional has dealt with a union request for information, but they may not have handled it correctly.  This class will help anyone dealing with a union’s request for information ensure that the agency provides information that it owes the union, but also ensure that the unions are establishing a particularized need.  Engaging in the proper interactive process will help agencies avoid unfair labor practice complaints while providing only information that is legally required.

Learning takeaways

Attendees will learn how to:

• Identify the rights and obligations of both agencies and unions regarding information requests.
• Apply the “particularized need” standard.
• Reply when the union fails to meet the “particularized need” standard.

Pricing

• Early bird pricing for individual sessions start at $150. Daily and full event All Access discounts available.
• Early Bird discounts available until September 3.
• See registration form for full pricing details.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for 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?
  • This program is submitted for CLE credits to, and we anticipate approval by, the State Bar of Virginia. Individual 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 individuals for All Access registration options only. Group discounts are available through September 3.

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

As an Employee Relations Specialist, you have a challenging job, and you never know just what personnel challenges might find a spot on your ever-increasing “to do” list.

This seminar starts by grounding the student in the laws, regulations and policies associated with job functions, and provides an explanation on how ER fits within the agency’s greater HR function. After the basics, we’ll dive in to a number of unique topics, which include (but definitely are not limited to) performance plans, standards and recognition; hours of work — including overtime and compensatory time; pay and RIFs; furloughs; handling specific disciplinary situations; leave – including types, accrual, FMLA, military leave and leave stacking; involuntary separations; dispute resolution; EAPs; medical issues and injury compensation; drug testing; plus basic EEO information – including disparate treatment, disparate impact and reasonable accommodation.

Daily sessions run from 9:00 a.m. to 4:00 p.m.

Instructor

Barbara Haga

Daily Agenda

Monday

Introduction to Employee Relations: Functions, key terms and concepts; intersection of Employee Relations and Labor Relations; merit system principles; hours of work; modified schedules; overtime; types of leave.

Tuesday

Leave Administration: Introduction to Family and Medical Leave Act (FMLA); Medical documentation; military leave; administrative leave; performance management appraisal periods; monitoring performance; grievances and appeals; 432 actions.

Wednesday

Performance Issues & Introduction to EEO: Performance Plans; Performance measures; employee recognition; Employee Assistance Programs (EAPs); introduction to Equal Employment Opportunity (EEO): framework and disparate impact.

Thursday

Discipline Issues: Discipline Overview; Responsibilities of HR and supervisors; adverse actions; penalties; alternative discipline; standards of proof; harmful error; specific disciplinary situations; methods of dispute resolution.

Friday

Employee Relations Potpourri: Separations, Retirement; Involuntary Actions; Medical issues: qualification and documentations; reasonable accommodation; drug testing; roles and responsibilities of HR in the process.

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 November 1):

• 5 days = $2375
• 4 days = $1995
• 3 days = $1575
• 2 days = $1100
• 1 day = $575

Standard Tuition (register November 2-19):

• 5 days = $2475
• 4 days = $2095
• 3 days = $1675
• 2 days = $1200
• 1 day = $675

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

The Board is back and now is the right time to sharpen your MSPB skills and refresh your knowledge.

And in the five years since MSPB last had a quorum, the civil service world, particularly as it applies to employee relations, has not stood still. Change happened, sometimes quickly. It’s important to be aware of the laws, regulations, and executive orders that apply to you .

There is one place you can consistently get the best guidance and most up-to-date information you need. MSPB Law Week covers the legal requirements and best practices for disciplinary charges and penalties, plus understanding the law and strategy in handling performance cases and defending against whistleblower reprisal complaints. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.

The program runs 12:00 – 4:00 pm eastern each day, with a break from 1:45 – 2:15.

Instructors

Deborah Hopkins, Ann Boehm, Bob Woods

Daily Agenda

Monday

The Foundations of Accountability; Adverse Actions: Statutory basis including the Civil Service Reform Act, the Department of Veterans Affairs Accountability and Whistleblower Protection Act, the five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, discipline procedures and appeals.

Tuesday

Disciplinary Charges: Types of charges, parts of a charge, how charges are interpreted, the role of the proposing and deciding officials, capitalizing on the general charge, allowing the inclusion of lesser-included offenses, charging in the alternative, attractive options to difficult charges and common charging mistakes, proving the difficult “intent” charge element, a step by step approach to charge drafting.

Wednesday

Penalties: MSPB and Federal Circuit lead cases in penalty determination, getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, charging down and proving up, how the maximum penalty is established, penalty mitigation; law enforcement officer discipline.

Thursday

Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, documenting and justifying your decision to put an employee on a Performance Demonstrating Period (DPs, formerly known as PIPs), implementing DPs, defeating the DP rollercoaster; the proof needed to take a performance-based action; removing a poor performer in 31 days.

Friday

Defending Against Whistleblower Reprisal Claims and other Affirmative Defenses: Whistleblower claims: protected disclosures and whistleblower reprisal, claims of harmful error, reprisal for union activity, excessive penalty findings.

Pricing

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

Download Individual Registration Form

Course Description

An increase in reasonable accommodations requests based on religion and disability.  Pandemic-related civil rights crises. Increase discussion of diversity and inclusion. Way too many harassment complaints. Talk of changes to the EEO process. If you’ve thought about registering for FELTG’s EEOC Law Week in the past, now is the time to act on it. This weeklong virtual is updated for 2022, including the latest on COVID-related challenges and workplace harassment.

This in-depth training overs the gamut of EEO issues, and provides usable guidance for all practitioners, regardless of experience level. FELTG’s expert speakers, drawing on years of experience from all sides of the litigation table, deliver a fast-paced week of strategies, principles, and authorities relative to the major aspects of the field of discrimination law in the federal government.

And it provides the required material for EEO counselors and investigators to receive refresher training hours

The program runs 12:30 – 4:30 pm eastern each day, with a break from 2:00 – 2:30.

3.5 per day.

Download Individual Registration Form

Who Should Attend

Attorneys; EEO managers and directors; EEO specialists; EEO counselors and investigators; reasonable accommodation coordinators; federal supervisors and managers who have complicated EEO issues in the workplace; Labor and Employee Relations specialists; union representatives.

Instructors

Katherine Atkinson, Ann Boehm, Bob Woods

Daily Agenda

Monday, April 4

Basic EEOC: Nuts & Bolts: Course topics: Statutory authority and jurisdiction of EEOC; an overview of the theories of discrimination; overview of the EEO process; amended and consolidated complaints; timeliness issues in the wake of the Supreme Court decisions in Morgan and Ledbetter.

Tuesday, April 5

Contractor Complaints; Intentional Discrimination and Reprisal Cases: Course topics: The agency’s role and obligations when a contractor files an EEO complaint; intentional discrimination analysis and cases; selection and promotion cases; reprisal analysis and case updates.

Wednesday, April 6

Accommodating Individuals with Disabilities: Course topics: The Rehabilitation Act, the Americans with Disabilities Act Amendments Act, defining individual with a disability, understanding major life activities and substantial limitations; identifying essential job functions; the legal requirements for the interactive process; types of reasonable accommodation; the latest on the Genetic Information Nondiscrimination Act (GINA) and relevant regulations.

Thursday, April 7

Current Trends in EEO Law: A Focus on Harassment: Course topics: The very latest on what’s happening in EEO; hostile environment harassment; gender stereotyping; same-sex harassment; recent court decisions on sexual orientation and transgender discrimination including the SCOTUS decision Bostock v. Clayton County; non-EEO harassment; settling EEO cases.

Friday, April 8

Mixed Cases; Damages & Remedies: Course topics: Understanding the world of mixed cases; overview of equitable remedies: back pay, front pay, reinstatement; non-pecuniary and pecuniary damages; past and future damages; damages offsets; the duty to mitigate damages; collateral sources and pre-existing conditions; multiple causations of harm; the eggshell complainant.

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 March 18):

• 5 days = $1475
• 4 days = $1195
• 3 days = $910
• 2 days = $630
• 1 day = $345

Standard Tuition (register March 19-April 8):

• 5 days = $1550
• 4 days = $1285
• 3 days = $975
• 2 days = $685
• 1 day = $395

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.
• 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 individuals for the full event. Group discounts are available through March 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

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.