October 2020 Federal Employment Law Training Group Newsletter
If You Go, You Won’t Feel Worse
Some long-time readers may know that I’m a triathlete, though I consider myself more recreational than competitive in recent years. One of the mantras that has consistently gotten me through training slumps when I just didn’t feel like getting in a workout is, “You won’t feel worse.”
One morning last week, I was feeling a bit unmotivated. As I debated whether I was going to lace up my running shoes or skip the run that day, I reminded myself that if I got out the door and went for a run, “You won’t feel worse.”
So I put in a few miles, and I didn’t feel worse. In fact, as happens almost every time, I felt a lot better. Consistent exercise has been essential to keep me grounded during the past several months, as life has changed dramatically. I hope that you’ve been able to find something to bring you peace, or joy, or a moment of calm – whether that be a run, a walk, deep breathing, thoughts of gratitude, or even an escape to reruns of Caribbean Life. We’re all in this together, and we’ll get through it together. And let’s hope we won’t feel worse on the other side.
In this month’s newsletter, we discuss precedent-breaking decisions from the FLRA, medical inability to perform removals, mental health in the workplace, and much more.
Take care,
Deborah J. Hopkins, FELTG President
Good News: With This FLRA, It is a Good Time to be an Agency
By Ann Boehm, October 14, 2020 You may be aware that the FLRA recently issued three decisions that are definitely on the pro-agency side of the spectrum: U.S. Department of Education and U.S. Department of Agriculture, 71 FLRA 968 (Sept. 30, 2020), which changes the...
Precedential Fed Circuit Decision: Which Expert Determines If Employee is Unfit?
By William Wiley, October 14, 2020 Last month, the Federal Circuit issued Ramirez v. DHS, No. 2019-1534 (Sept. 15, 2020), which dealt with the concept of an “unfit” termination. What the court is calling an “unfit” termination is more precisely a “medical inability to...
What President Trump’s EO on Mental Health Issues Means for Agencies
By Deborah Hopkins, October 14, 2020 We've all learned by now that this COVID-19 thing is intense. Not just the virus, but the effects it has on everyday life. From kids being at home to masks being required in public places, from social isolation to the loss of loved...
Ignoring History Will Only Harm You in the Present
By Meghan Droste, October 14, 2020 Those who cannot remember the past are condemned to repeat it.” I am sure you are familiar with George Santayana’s famous saying, or some version of it. While it might not seem like we are in the business of teaching history — rather...
Make a Plan to Create Order Out of Chaos
By Michael Rhoads, October 14, 2020 Happy (Fiscal) New Year! Here in the Northeast, the leaves are changing color, the temperature is falling, and just like any other new year celebration, it’s good to take time to look at where you are and where you’re going....
Dolezal is a Doozie: ’90s Case Highlights Lack of Potential for Rehabilitation
By Barbara Haga, October 14, 2020 Last month, I wrote about Lee v. Federal Aviation Administration, No. 2019-1790 (Fed. Cir. July 29, 2020) and explained that it had a lot of issues in it that I wanted to cover. This month, we will continue with the discussion of the...
Tips from the Other Side: Accommodate, Don’t Rewrite Position Description
By Meghan Droste, October 14, 2020 Last month, we looked at Cecille W. v. U.S. Postal Service, in which the Commission held the agency failed to accommodate the complainant because it looked only to the position description, and did not conduct an individualized...
Don’t Ignore the Energy Vampires, Zoom Zombies, or Garish Ghouls
By Dan Gephart, October 14, 2020 This time of year is celebrated widely and wildly in the neighborhood where I once lived. Faux spider webs, mock tombstones, humongous inflatable black cats, and DIY haunted garages would overtake North Palm Beach Heights, drawing...