May 2022 Federal Employment Law Training Group Newsletter

Three Things to Know in the Civil Service This Month

FELTG Nation: Here are three recent happenings you should know about:

  1. Last week, the Senate confirmed Susan Tsui Grundmann to be a Member at the Federal Labor Relations Authority. There are now two Democrats and one Republican on the FLRA. As a result, we anticipate a significant change in philosophy – and in the outcome of FLRA decisions.
  2. On May 12, the MSPB issued a decision confirming that the Santos v. NASA requirement to prove unacceptable performance before a PIP is retroactive to the Petitions for Review in the backlog. Expect a lot of remands in the coming months.
  3. The EEOC and DOJ are looking into potential disability discrimination when employers use artificial intelligence (AI) and other software tools to make employment decisions. They released a technical assistance document in attempt to prevent discrimination from occurring.

This month’s newsletter discusses a supervisor who filed a hostile environment harassment claim against an employee, why hybrid doesn’t have to be a bummer, the meaning of nexus, and more.

Take care,


Deborah J. Hopkins, FELTG President

The Good News: Hybrid Doesn’t Have to Be Horrible

By Ann Boehm, May 16, 2022 I'm predicting it now. The Merriam-Webster word of 2022 will be “hybrid.” I could be wrong. They may choose “inflation.” But I’m an employment lawyer, so I’m going with “hybrid.” In case you don’t pay attention to the Merriam-Webster word of...

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Explaining the Nexus Requirement in Misconduct Cases

By Deborah Hopkins, May 16, 2022 One of the considerable ways in which Federal employment is different from at-will employment, is that the Civil Service Reform Act allows a Federal agency to fire a career employee only for cause (with a few exceptions we won’t get...

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There’s a Lot to Learn From This Year’s FEVS Results

By Michael Rhoads, May 16, 2022 The results are in! Every year, OPM takes the pulse of what Federal employees are thinking and catches the latest trends. It’s a great chance for agencies to take pride in what they are doing well, recalibrate what needs to be...

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