FELTG News Flash
Sometimes, the news can't wait until our next FELTG Newsletter is published! Check out the latest news, case decisions and developments in the world of federal employment law below.Supporting the Deciding Official – Even if You Disagree With the Penalty
By Deborah J. Hopkins, May 22, 2023 A recently issued non-precedential MSPB case caught my attention: an appeal involving a proposed removal that the Deciding Official (DO) mitigated to a demotion. In most cases, if a DO mitigates a proposed removal, it’s because the...
Avoid Sanctions Before the EEOC
By FELTG Staff, May 8, 2023 One of the most dreaded circumstances in practice before the EEOC is for a party to be sanctioned. According to Black’s Law Dictionary, a sanction is “a penalty or punishment provided as a means of enforcing obedience to a law.” EEOC...
Critical Case Update: Unacceptable Performance Removals in 2023 and Beyond
By William Wiley, April 21, 2023 For more than 40 years, the procedures a supervisor should use when confronted with a non-performing employee have been well-established. The supervisor had to: Give the employee attainable performance standards (objectives,...
And Now a Word With … EEOC AJ Meghan Droste
By Dan Gephart, April 11, 2023 Long-time members of FELTG Nation recall Meghan Droste as an engaging instructor and writer, who could break down difficult subjects into easy-to-understand guidance. At the same time, she’d often leave this FELTG Newsletter Editor with...
EEOC Report Sparks Conversation About Offer of Resolution, Settlement
By Bob Woods, April 4, 2023 The EEOC’s Office of Federal Operations (OFO) recently published an article discussing the “offer of resolution” (29 C.F.R. 1614.109(c)), which they refer to as an “often overlooked tool for agencies to settle EEO complaints.” For those of...
And Now a Word With … FLRA CADRO’s Michael Wolf (Part II)
By Dan Gephart, May 27, 2923 In the first of this two-part article, we talked to the Federal Labor Relations Authority’s Michael Wolf, who is director of the Authority’s Collaboration and Alternative Dispute Resolution (CADRO) program about that program’s success....
Three Costly Lessons on Reasonable Accommodation
By Deborah J. Hopkins, March 6, 2023 There are always two sides to a reasonable accommodation (RA) case: the agency’s side and the complainant’s side. While a lot of our training programs at FELTG focus on avoiding agency liability, there’s another aspect to this...
Ask FELTG: What’s the Best Way to Calculate Non-pecuniary Compensatory Damages in an EEO Case?
February 28, 2023 Thanks for the question. The best way to determine appropriate compensatory damages in cases where agencies are found liable for discrimination, harassment, reprisal, or a failure to accommodate is to look at the harm the employee endured. It’s...
And Now a Word With … Michael Wolf of FLRA’s CADRO Program
By Dan Gephart, February 21, 2023 Soon after the Administrative Dispute Resolution Action was amended in 1996, the Federal Labor Relations Authority established the Collaboration and Alternative Dispute Resolution (CADRO) program. CADRO provides mediation for...
To Avoid the Kraken, Warn Without Threatening
By William Wiley, February 6, 2023 If you have attended any FELTG training relative to handling misbehaving employees, you have no doubt heard our instructors caution that, from a legal standpoint, the less you do to a problem employee, the better. That’s because...