December 2021 Federal Employment Law Training Group Newsletter
Thanking Civil Servants This Holiday Season
As we near the end of 2021 and approach another year of uncertainty, we at FELTG want to take a moment to thank you, the Federal civil servants, who have been working tirelessly to ensure continuity of government operations during a very difficult time in the world.
As I think back on all the people I’ve been in (virtual) classrooms with over the past months, I am struck by the depth of intelligence, talent, and dedication I’ve seen. Despite the challenges of the day, your senses of humor, positive attitudes, and can-do mentality keeps us at FELTG going as well. While the media can be very unfair in its portrayal of Federal employees, we at FELTG know the vast majority of you are working unwaveringly to make the country, and the world, a better place. It is truly an honor to work with you, and we look forward to more of that in 2022.
This month, we discuss topics including delayed discipline for vaccine refusals, how lack of feedback and poorly written narratives doom performance systems, wish lists, predictions, and much more.
Take care,
Deborah J. Hopkins, FELTG President
A Letter of Caution Can Equal Reprisal – or, Another Yellow Donut Case
By Deborah Hopkins, December 7, 2021 We have long taught that issuing a letter of caution, warning, expectation, concern, and the like can cause more problems for agencies than it’s worth. A supervisor can caution, warn, set an expectation, or express concern for an...
The Good News: A Letter to Santa 2021
By Ann Boehm, December 7, 2021 Dear Santa: I hope you and Mrs. Claus had a good year, despite the continued pandemic. I guess you’re happy to have your own elf labor and reindeer transportation, since the supply chain appears to be a problem now. I think I should be...
Updated Guidance on Vaccine Refusals – Just in Time for the Holidays
By Deborah Hopkins, December 7, 2021 While the federal mandate for COVID-19 vaccination had a compliance rate of more than 97% from civilian and military personnel as of the end of November, there are still a number of personnel who have not complied with the...
Performance System Failures: Lack of Feedback, Poorly Written Narratives
By Barbara Haga, December 7, 2021 Picking up from last month’s column, we look at who’s responsible for setting the stage for feedback to take place and what a good narrative should include. It’s common to find language in agency appraisal plans that sets out...
COVID Retaliation: What You Need to Know
By Michael Rhoads, December 7, 2021 Last month, the EEOC updated its guidance on What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws under Section M. Retaliation and Interference. The anti-retaliation protections outlined in the...
A Fully Functioning MSPB and Other (Overly?) Optimistic Predictions
By Dan Gephart, December 7, 2021 By the time you read the first FELTG Newsletter of next year, it will be five (yes, five) years since the MSPB had a quorum. Heck, it’s been almost three years since the agency has even had a single board member. Not. One. Member. This...