Course Description
Change happens in the world of Federal employee relations, and it often comes quickly. Those who succeed continuously sharpen their MSPB skills and refresh their knowledge. Those who don’t fall behind.
Fortunately, FELTG’s MSPB Law Week provides you with an all-encompassing week of training that offers the most effective guidance and up-to-date information available. During this engaging week of training, attendees will learn the legal requirements and best practices for disciplinary charges and penalties, understanding the law and strategy in handling performance cases, defending against whistleblower reprisal complaints, and much more.
Whether you’ve attended MSPB Law Week previously or not, you’ll leave with the foundational knowledge and cutting-edge strategies to deal with the challenges you’ll be facing in 2024. Plus, we’ll incorporate the very latest Board case law to give you an inside look at how this Board views performance and conduct issues. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.
Daily Agenda
Monday, September 9
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, September 10
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, September 11
Defensible 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, September 12
Handling 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, September 13
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.
Date and Time
September 9-13, 2024
12:30 – 4:30 pm ET each day (with a 30-minute break)
Instructors
Deborah Hopkins, Ann Boehm, Bob Woods
Registration
Download Individual Registration Form
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
Early Bird Tuition (register by August 9):
- 5 days = $1740
- 4 days = $1505
- 3 days = $1130
- 2 days = $855
- 1 day = $525
Standard Tuition (register August 10-September 13):
- 5 days = $1840
- 4 days = $1605
- 3 days = $1230
- 2 days = $955
- 1 day = $625
Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 5th ed., by Wiley and Hopkins. In order to receive your copy of the textbook by the training date, please register by August 9 and provide a shipping address in the designated space on the registration form.
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 August 9.
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
An increase in reasonable accommodation requests based on religion, disability, and pregnancy. Continued focus of diversity, equity, inclusion and accessibility (DEIA). Way too many harassment complaints. The usual areas of confusion, such as contractor complaints, mixed cases. FELTG’s EEOC Law Week runs the gamut of EEO issues, providing usable and up-to-date guidance for all practitioners, regardless of experience level.
This in-depth training from FELTG instructors, drawing on years of experience from all sides of the litigation table, provides 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. If you work in EEO at all, this is the class for you.
3.5 per day (Tuesday-Friday)
Monday, September 16
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, September 17
Contractor Complaints; Intentional Discrimination; 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, September 18
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, September 19
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, September 20
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.
Date and Time
September 16-20, 2024
12:30 – 4:30 pm ET each day (with a 30-minute break)
Instructors
Katherine Atkinson, Ann Boehm, Robert Woods
Registration
Download Individual Registration Form
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
Early Bird Tuition (register by August 16):
- 5 days = $1695
- 4 days = $1465
- 3 days = $1095
- 2 days = $825
- 1 day = $495
Standard Tuition (register August 17 – September 20):
- 5 days = $1795
- 4 days = $1565
- 3 days = $1195
- 2 days = $925
- 1 day = $595
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 August 16.
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
In this half-day training, FELTG Instructor and Attorney at Law Katherine Atkinson will provide the foundation you need to jumpstart your DEIA efforts or take them to the next level. After an overview of civil rights law, Ms. Atkinson will share everything you need to know to foster DEIA at your agency, including:
- What the EO says about agency obligations to underserved communities
- What you should know about preventing and correcting harassment and discrimination in the workplace
- Ensuring adherence to the Merit Systems principles, especially as they apply to the hiring process
- Why and how some agencies are focusing on the concept of belonging
- What microaggressions look like
- How to determine your own implicit biases
Plus, you’ll have plenty of opportunities to ask questions and get answers live.
Learning objectives:
- Identify the laws, regulations and Executive Orders that require your agency to promote DEIA in the workplace
- Understand legally problematic selection processes and learn remedies to overcome the imbalance
- Overcome the tendency to exhibit microaggressions in the workplace
This program meets the President’s mandate to provide training on diversity, equity, inclusion and accessibility in the Federal workplace.
Date and Time
Tuesday, September 24, 2024, 1 – 4:30 pm ET
Instructor
Registration
Download Individual Registration Form
Price
- Early Bird Tuition (register by August 23): $495
- Standard Tuition (August 24-September 24): $595
- Rates per registrant.
- Want to register a group? Group discounts for 10 or more attendees are available through August 23. Contact FELTG.
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 individuals. Group discounts are available through August 23.
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
It’s been over 40 years since we were all introduced to those 12 factors identified in the Merit System Protection Board’s landmark Douglas v. VA decision, the most cited case in Federal employment law. But you don’t have to go back to the Reagan Administration to find examples of agencies misunderstanding and/or misapplying those factors.
Just look at a any recent batch of MSPB decisions, and you’ll find continued confusion about how to appropriately determine a penalty – and clarity from the Board about their view on Douglas.
Instructor and attorney Ann Boehm will share recent case law, highlighting how agencies correctly use the Douglas factors and also how they have been misapplied. She will answer all your Douglas questions, such as: Do the factors go in the proposal or the decision? What do OPM’s new regs say about the Douglas factors? What’s the best way to prevent penalty mitigation?
Learning takeaways
Attendees will learn how to:
- Understand the Douglas factors principles
- Explain when and how to use each factor
- Avoid the too-common Douglas mistakes that sink your case
Date and Time
Tuesday, October 8, 2024, 1:00 – 2:00pm ET
Instructor
Registration
Download Individual Registration Form
Pricing
- Early Bird Tuition (register by September 6): $145
- Standard Tuition (register September 7-October 8): $195
- Rates per registrant.
- Want to register a group? Group discounts for 10 or more attendees are available through September 6. Contact FELTG.
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 individuals. Group discounts are available through September 6.
Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.