June 2020 Federal Employment Law Training Group Newsletter
MSPB in the Big Time
Last Sunday, 60 Minutes aired a story called “Three Empty Chairs,” about the lack of members at the U.S. Merit Systems Protection Board. Our world of Federal employment law is relatively small, so when we hit the mainstream media it’s something exciting.
If you didn’t catch the original broadcast, check it out here.
As of last week, there were 2,900-plus individuals waiting for a quorum so their cases could be decided. That’s 2,900-plus people hoping to get their jobs back, or their whistleblower reprisal claims remedied, and agencies waiting for a final answer in 2,900-plus separate actions. And the longer this goes, the more taxpayer money is needlessly wasted, and the longer peoples’ lives are put on hold.
There’s no reason things should be this way, so I urge you to call your U.S. Senators and ask them to push for a vote on these potential appointees, some of whom were nominated more than two years ago. Let’s start to see some action, and some justice, at the MSPB.
In this month’s newsletter, we continue to provide guidance on COVID-related workplace issues, as well as the confusion with performance monikers, why agencies should fire bad LEOs, timing in reasonable accommodation cases, and more.
Take care,
Deborah J. Hopkins, FELTG President
No Good News This Month – Just What I Know
By Ann Boehm, June 17, 2020 I just can’t write Good News this month. There’s too much bad news. Too much happening that doesn’t make sense. Months of dealing with COVID-19, and now George Floyd. I’m not a good enough writer to express proper thoughts on the George...
He Claimed He Teleworked for 2 Months, but His Laptop Charger Was at the Office
By Deoborah Hopkins, June 17, 2020 Here's a timely hypothetical that recently came across the FELTG desk: Dear FELTG, My agency sent all employees home to telework starting at the beginning of April. Hypothetically, the agency learned that an employee left his...
EEOC Decisions and Resolution Affirm: Black Lives Matter
By Meghan Droste, June 17, 2020 No matter where you live, there likely have been protests in or near your city or town in the past two weeks addressing ongoing issues with policing and racial justice. In DC, we have seen large numbers of people brave the current...
Guidance Gives Us a Reading on the Temperature-Taking Issue
By Barbara Haga, June 17, 2020 Last month’s column addressed what to do if an employee who was reporting to your workplace refused to have his or her temperature checked. Guidance has been issued from CDC and EEOC on the topic of temperature-taking in the workplace....
Tips From the Other Side: How Long is Too Long to Provide Accommodation?
By Meghan Droste, June 17, 2020 How long is too long to wait? As with so many things that we do in the practice of law, the answer is: It depends. If we’re talking about morning caffeine, an hour might be too long for many of us. If we’re talking about seeing the new...
DOP, DP, ODAP, OIP, PIP: Is it Just Me, or Have Performance Monikers Gotten Confusing?
By Deborah Hopkins, June 17, 2020 There are a few items in President Trump’s May 2018 Civil Service Executive Order Trifecta with which I don’t necessarily agree. But there are a lot of provisions that actually mirror what FELTG has been teaching for two decades....
Consider the Impact of Stress in Workplace Reopening Plans
By Dan Gephart, June 17, 2020 A glimpse at the Internet during the coronavirus pandemic reveals people cutting their own hair, making their own bread, showing off their TikTok dance moves, and building elaborate Rube Goldberg machines. Fun, fun, fun. However, dig a...