June 2022 Federal Employment Law Training Group Newsletter
One Word Can Make All the Difference
Last week, Grammy-winning artist Lizzo made headlines when she changed the lyrics of a recently released song after being made aware that one of the words used was a slur against people with physical disabilities. Her response to the fans who pointed out the error: “As a fat black woman in America, I’ve had many hurtful words used against me … Let me make one thing clear: I never want to promote derogatory language … This [lyric change] is the result of me listening and taking action.”
While many people applauded this move, some thought it was extreme and said and “you can’t say anything anymore without offending someone.” I believe that’s an oversimplification. How difficult is it to change a word to something that isn’t steeped in hurt, negative history, or dehumanization? Not difficult at all. Whether it’s correct pronoun use, a term charged with racial or religious undertones, or something else, I encourage all of us to do better. The right word can make all the difference. So can the wrong one.
This month, we look at a few of the newest decisions to come out of the MSPB, including one that may the Board’s biggest decision in more than a decade. We also have stories on reasonable accommodation and creating a workplace safe from harassment.
Take care,
Deborah J. Hopkins, FELTG President
Biggest MSPB Decision in Over a Decade: The Comparator Framework for 2022 and Beyond
By Deborah Hopkins, June 21, 2022 We've had a quorum for more than three months and a full front office at the MSPB for about three weeks. And now, thanks to what might be the most significant case issued in over a decade, we have a clear, specific, and reasoned...
Two Discipline Best Practices Everyone Should Know
By William Wiley, June 21, 2022 In a recent, relatively unremarkable, non-precedential decision from the Merit Systems Protection Board, I ran across this line: After reviewing … the appellant’s written reply, as well as the information provided during the oral reply,...
The Good News: Lack of Candor is Better than Falsification, So Use It!
By Ann Boehm, June 21, 2022 In a misconduct case involving an employee providing false information, don’t charge “falsification” even if it’s for improperly filed time cards. I know — it isn’t logical but trust me on this one. In the office, you can call it...
EEOC Shares Good News/Bad News Re: Feds With Disabilities
By Dan Gephart, June 21, 2022 Good news is at a premium these days, so pardon me for still regaling in last month’s announcement from the EEOC about Federal employees with targeted disabilities. Back in a previous life, I worked with then-EEOC Commissioner Christine...
Applying Santos: It’s a Good Time to Take a Look at Your Appraisal System
By Barbara Haga, June 21, 2022 Santos v. NASA changed the landscape last year, placing an additional requirement on agencies to prove that the person who was being placed in an improvement period for unacceptable performance actually was unacceptable at that time....
Ensuring Workplace Safety Through a Model EEO Program
By Michael Rhoads, June 21, 2022 I recently attended a meeting of the Federal EEO and Civil Rights Council where Dexter Brooks, Director of Federal Sector Programs of the Office of Federal Operations at the EEOC, explained how to make your workplace safer. The tools...