March 2022 Federal Employment Law Training Group Newsletter

Quorum Sworn in at MSPB on Day 1,883

Over the past several days, we at FELTG have been celebrating the fact that after more than five years without a quorum, the Merit Systems Protection Board now has two out of three members sworn in. In a very strange coincidence on numbers, the members took their places on the 1,883rd day since the Board last had a quorum – and the Board traces its history back to 1883 and the Pendleton Act.

Vice Chair and Acting Chair Raymond Limon and Member Tristan Leavitt have already gotten to work tackling the backlog of 3,600-plus cases that have been stacking up since 2016. They definitely have their work cut out for them, but since both have vast experience in the MSPB world, we anticipate cases will start coming any day now.

Because the Board is back, we invite you to the newly updated virtual class MSPB Law Week, March 28-April 1, or for the just-added webinar Getting Back on Board: An MSPB Case Law Update, on April 20, where we’ll cover the first decisions coming out of the MSPB.

This month, we discuss topics including lack of candor, union representation in meetings, comp damages, supervisory hurdles, and more. Read and enjoy.

Take care,


Deborah J. Hopkins, FELTG President

Non-Pecuniary Damages: How Much Is Enough?

By Michael Rhoads, March 15, 2022 Compensatory damages are available in cases of intentional discrimination under Title VII and the Rehabilitation Act, 42 USC 1981a(b), as well as the Genetic Information Nondiscrimination Act (GINA). While past pecuniary damages (do...

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A Head-shaking Tale About Lack of Candor

By Barbara Haga, March 15, 2022 Last month, I wrote about the case of Freeland v. Department of Homeland Security, No. 2020-1344 (Fed. Cir. Aug. 7, 2020). Freeland was a supervisory human resources specialist who was hired by DHS after resigning from his Army job...

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Supervisors: To Avoid a Hurdle, Think of Wordle

By Dan Gephart, March 15, 2022 If you’ve been on email, text, or social media in the past couple of months, you’ve undoubtedly seen those ubiquitous green, yellow, and black squares. Maybe someone you know is obsessed with Wordle or, maybe you’re the one obsessed. Or,...

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Latest OWCP COVID-19 Guidance Tackles Continuation of Pay

By Frank Ferreri, March 15, 2022 As with just about everything employment-related, COVID-19 continues to have a shifting impact on the federal workers’ compensation landscape, with the Office of Workers’ Compensation Programs pivoting in its guidance to meet the...

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