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More Americans are receiving COVID-19 vaccinations each day. But while the vaccine is helping eradicate the virus, it hasn’t put an end to pandemic-related EEO challenges. If anything, the increased availability of the COVID vaccines has created some new and even more difficult EEO quandaries.

Attorney Katherine Atkinson helped FELTG customers navigate these uncharted waters in 2020, and now she returns with more answers and the latest available guidance, including how to respond to employees who won’t take the vaccine due to disability, or religious reasons.

No doubt about it. The federal workplace was turned upside down in 2020 as more than a million employees suddenly became full-time teleworkers. While employees vanished from the physical workplace, EEO problems did not.  Meanwhile, EEO issues rose for health care providers, security officers, law enforcement officials, and other essential workers. These EEO problems have gotten more challenging — and many of the situations arising have no legal precedent.

Ms. Atkinson will explain how applying the basic EEO framework can answer the aforementioned and other puzzling EEO questions you may suddenly face. Because Ms. Atkinson will use a legal analysis to address these challenges, the answers and guidance you receive during this virtual training will be useful long after the coronavirus is gone.

Topics covered will include answers to these questions:

• Can you require that an employee take the vaccine before returning to the workplace?
• What if an employee refuses to take the vaccine, but is also not in a position that can be done remotely?
• If a supervisor treats an employee like she has COVID-19, could that employee have a “regarded as” claim under the ADA/Rehabilitation Act?
• How would you handle an employee’s claim that he’s being harassed because he is at high risk for COVID-19, or has recovered from the virus?
• Can you direct someone with asthma to telework when she prefers to work in the office?
• Does asking the pre-vaccination screening questions create a violation of Title II of the Genetic Information and Nondiscrimination Act?

Plus, you’ll have plenty of opportunities to ask questions about the unique problems you’re facing during these unprecedented times.

Learning Objectives

Attendees will learn how to determine:

• Whether an employee with COVID-19 or pre-existing respiratory sensitivities should receive a reasonable accommodation.
• How OPM’s telework flexibilities impact the federal workplace.
• When and how to take action against pandemic-related harassment and discrimination.

This program runs from 1:00 – 4:30 eastern, with a 30-minute break from 2:30 – 3:00 eastern.

3

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Price

• Early Bird Tuition (register by February 24): $340
• Standard Tuition (register February 25 or later): $380
• Rates per registrant.
• Want to register a group? Group discounts for 10 or more attendees are available through February 24. Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex to broadcast this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• What if I want to attend a session but have a schedule conflict?
  • FELTG plans to record this session, and will make the recording available for purchase after the conclusion of the event.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals. Group discounts are available through February 24.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Registration Form

Course Description

For more than 20 years, FELTG’s flagship course UnCivil Servant: Holding Employees Accountable for Performance and Conduct has empowered thousands of federal supervisors to confidently and effectively address poor performance and misconduct. Now it’s time to take those learned skills to a new level. UnCivil Servant: Next Level provides the opportunity for you to test your knowledge and apply it to several challenging scenarios, based on real-life events federal supervisors are likely to encounter.

Poor performance and misconduct lowers morale and holds your agency back from meeting its mission, so you should never fail to hold an employee accountable. Fail to handle it correctly, and you’ll end up in legal hot water. But if you choose to ignore it, your current situation is going to get worse. A lot worse.

This interactive, workshop-based training tackles the intersection of performance and conduct issues with other areas of the law including pending discrimination complaints, allegations of reprisal or hostile work environment, and disability accommodation requests. Plus, it addresses what to do if you’re a supervisor with new or different expectations than your predecessor.

Attendees will leave this training with step-by-step guidance for taking swift, appropriate, and legally defensible actions in even the most challenging of circumstances.

Course Topics: Supervisory authority; employee rights; understanding when a performance or conduct action is appropriate; holding whistleblowers accountable; properly handling reasonable accommodation claims; effectively dealing with probationer issues; a supervisor’s responsibility in hostile work environment claims.

Requirements:

Prerequisite: It is strongly recommended participants have attended either UnCivil Servant, Developing & Defending Discipline, or MSPB Law Week in advance of this class.

Technology: This class will be held in Zoom and is group-workshop focused, so participation is a must. Participants must have access to internet or telephone audio, to participate in breakout group discussions. Webcams use is welcome but not required.

Time: Class will be held from 9:30 AM to 4:00 PM eastern, with a break from 12:30-1:30.

Class size: This class size is strictly limited to 18 participants, so register early to guarantee your spot.

Instructor

Deborah Hopkins

Who Should Attend

Federal supervisors and managers; attorneys; Labor and Employee Relations Specialists; EEO specialists; union representatives.

Price

• Early Bird Tuition: $625 per attendee (register by February 24).
• Standard Tuition: $675 per attendee (February 25-March 11).
• Rates per registrant. No split registrations permitted.
• Want to register a group? Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom for this Virtual Training Institute event. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• What if I want to attend a session but have a schedule conflict?
  • FELTG also plans to offer this live event periodically, so check our calendar for upcoming dates.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • If an agency wishes to register 10 or more attendees for the full event, a group discount will be applied if all registrations are received and paid for together. Group discount deadline is February 25.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.

Seminar registration includes a PDF copy of the program materials, plus a hard copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 5th ed., by Wiley and Hopkins. In order to receive the textbook by the training date, please register by February 25 and provide a shipping address. Registrations received after April 19 will also receive a textbook, but materials are not guaranteed to arrive by the training date.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Individual Registration Form

Course Description

If you’re looking for training that covers the gamut of EEO issues, and provides usable guidance for all practitioners, regardless of experience level, this is it: FELTG’s EEOC Law Week. FELTG’s expert speakers, drawing on years of experience from all sides of the litigation table, deliver a fast-paced week of strategies, principles, and authorities relative to the major aspects of the field of discrimination law in the federal government. This course is updated for 2021, including the latest on EEOC’s COVID-19 guidance and workplace harassment. In addition, this in-depth training provides the required material for EEO counselors and investigators to receive certification hours.

The program runs 9:30 am – 4:00 pm eastern each day, with a break from 12:00 – 1:00, and is pre-approved for 29 CLE credits in Virginia. It is also approved for 28 HRCI general recertification credits.

5.5 per day.

Who Should Attend

Attorneys; EEO managers and directors; EEO specialists; EEO counselors and investigators; Reasonable Accommodation Coordinators; federal supervisors and managers who have complicated EEO issues in the workplace; Labor and Employee Relations Specialists; union representatives.

Instructors

Katherine Atkinson, Meghan Droste, Bob Woods, Don Names

Daily Agenda

Monday, March 15

Basic EEOC: Nuts & Bolts: Course topics: Statutory authority and jurisdiction of EEOC; an overview of the theories of discrimination; overview of the EEO process; amended and consolidated complaints; timeliness issues in the wake of the Supreme Court decisions in Morgan and Ledbetter.

Tuesday, March 16

Contractor Complaints; Intentional Discrimination and Reprisal Cases: Course topics: The agency’s role and obligations when a contractor files an EEO complaint; intentional discrimination analysis and cases; selection and promotion cases; a focus on national origin and religious discrimination cases; reprisal analysis and case updates.

Wednesday, March 17 

Current Trends in EEO Law: A Focus on Harassment: Course topics: The very latest on what’s happening in EEO; hostile environment harassment; gender stereotyping; same-sex harassment; recent court decisions on sexual orientation and transgender discrimination; non-EEO harassment; settling EEO cases.

Thursday, March 18

Accommodating Individuals with Disabilities: Course topics: The Rehabilitation Act, the Americans with Disabilities Act Amendments Act, defining individual with a disability, understanding major life activities and substantial limitations; identifying essential job functions; the legal requirements for the interactive process; types of reasonable accommodation; the latest on the Genetic Information Nondiscrimination Act (GINA) and relevant regulations.

Friday, March 19

Mixed Cases; Damages & Remedies: Course topics: Understanding the world of mixed cases with special presenter Don Names; overview of equitable remedies: back pay, front pay, reinstatement; non-pecuniary and pecuniary damages; past and future damages; damages offsets; the duty to mitigate damages; collateral sources and pre-existing conditions; multiple causations of harm; the eggshell complainant; plus a bonus segment on age discrimination claims in the wake of Babb v. Wilkie.

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Early Bird Tuition (register by March 1):

• 5 days = $2190
• 4 days = $1795
• 3 days = $1385
• 2 days = $980
• 1 day = $540

Standard Tuition (register March 2-19):

• 5 days = $2290
• 4 days = $1895
• 3 days = $1485
• 2 days = $1080
• 1 day = $640

Seminar registration includes a printed copy of the materials. In order to receive materials by the training date, please register by March 1 and provide a shipping address. Registrations received after July 27 will also receive printed materials, but materials are not guaranteed to arrive by the training date. No split registrations.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through March 1.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Individual Registration Form

With one stroke of the pen, President Biden’s Executive Order on Protecting the Federal Workforce revoked President Trump’s Executive Orders 13836, 13837, and 13839 and eradicated the Schedule F classification mandated by Executive Order 13957. This means changes to performance and disciplinary actions, clean record settlements, and more.

The civil service world is changing quickly and it’s important to be aware of the laws, regulations, and executive orders that apply to you.

There is one place you can consistently get the best guidance and most up-to-date information you need.  MSPB Law Week covers the legal requirements and best practices for disciplinary charges and penalties, plus understanding the law and strategy in handling performance cases and defending against whistleblower reprisal complaints. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.

While the near future of the Merit Systems Protection Board remains uncertain, FELTG’s instructors are staying on top of the situation and will provide attendees with the information they need to know.

The program runs 12:00 – 4:00 pm eastern each day, with a break from 1:45 – 2:15.

Instructors

Deborah Hopkins, Ann Boehm, Bob Woods

Daily Agenda

Monday

The Foundations of Accountability; Adverse Actions: Statutory basis including the Civil Service Reform Act, the Department of Veterans Affairs Accountability and Whistleblower Protection Act, President Trump’s 2018 Executive Orders, the five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, discipline procedures and appeals.

Tuesday

Disciplinary Charges: Types of charges, parts of a charge, how charges are interpreted, the role of the proposing and deciding officials, capitalizing on the general charge, allowing the inclusion of lesser-included offenses, charging in the alternative, attractive options to difficult charges and common charging mistakes, proving the difficult “intent” charge element, a step by step approach to charge drafting.

Wednesday

Penalties: MSPB and Federal Circuit lead cases in penalty determination, getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, charging down and proving up, how the maximum penalty is established, penalty mitigation; law enforcement officer discipline.

Thursday

Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, implementing Performance Demonstration Periods (DPs, formerly known as PIPs), defeating the DP rollercoaster; the proof needed to take a performance-based action; removing a poor performer in 31 days.

Friday

Defending Against Whistleblower Reprisal Claims and other Affirmative Defenses: Whistleblower claims: protected disclosures and whistleblower reprisal, claims of harmful error, reprisal for union activity, excessive penalty findings.

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Download Registration Form

Course Description

Federal employees enjoy a wide variety of leave-related benefits. However, many of us would never use the words “enjoy” and “leave” so closely together. Whether you’re an HR professional, employee relations practitioner, EEO specialist, supervisor, or agency counsel, you have undoubtedly faced a leave-related challenge. FELTG’s Absence, Leave Abuse & Medical Issues Week will give you the critical foundation you need to address the most complex areas of federal employment law, including the recent challenges related to the COVID-19 pandemic.

Our speakers will discuss sick leave, annual leave, leave without pay, absence without leave, and FMLA. Then they will tackle the most current, relevant topics, such as disciplining employees for leave abuse, dealing with medical issues and unacceptable performance, leave and reasonable accommodation, medical documentation, medical exams, and more.

If you attend, you’re going to learn an awful lot about “leave” and you’re going to “enjoy” the training.

The program runs 12:00 – 4:00 each day, with a break from 1:45-2:15 (all times eastern). Participants will receive program materials via email the week before the training.

Download Registration Form

Who Should Attend

Attorneys; Labor and Employee Relations Specialists; EEO managers and directors; EEO specialists; Reasonable Accommodation Coordinators; federal supervisors and managers; union representatives.

Instructors

Barbara Haga, Deborah Hopkins, Katherine Atkinson, Meghan Droste 

Daily Agenda:

Monday, April 12

Leave Use Overview: Course topics: Emergency Paid Sick Leave, Sick Leave: eligibility, notification requirements, medical certification, dealing with abuse, Additional Leave Entitlements, Administrative Leave.

Tuesday, April 13

FMLA Law and Policy: Course topics: FMLA:  eligibility, notification requirements, definition of serious health condition, medical certification, intermittent use, and Paid Family Leave.

Wednesday, April 14

Leave-Related Discipline & Medical Removals: Course topics: The five elements of discipline; leave-related misconduct; documentation necessary to discipline an employee for leave-related misconduct and leave abuse; AWOL charges; excessive absence removals; medical inability to perform removals.

Thursday, April 15 

Reasonable Accommodation: Entitlements and Processes: Course topics: The ADA Amendments Act; the Rehabilitation Act; the reasonable accommodation process; the “regarded as” provision of the ADA; telework and leave as reasonable accommodation; flexible work schedules and alternative work locations; religious accommodation.

Friday, April 16

Medical Documentation, Medical Requests and Record Confidentiality: Course topics: How the ADAAA and GINA impact the collection of medical information; pre- and post-employment medical exams and inquiries; conditional employment offers; medical documentation requests; direct threat; conflicting regulations and contra court decisions.

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Early Bird Tuition (register by March 29):

• 5 days = $1475
• 4 days = $1195
• 3 days = $910
• 2 days = $630
• 1 day = $345

Standard Tuition (register March 30 – April 16):

• 5 days = $1550
• 4 days = $1285
• 3 days = $975
• 2 days = $685
• 1 day = $395

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through March 29.

Download Registration Form

Event Description

A brand-new administration with starkly different priorities than the previous White House occupants. A massive effort to return to pre-pandemic normalcy in the workplace. New case law eventually emerging from EEOC, FLRA, and, possibly, MSPB. This year in the federal employment law world is bound to be one of change and challenge. Over four days, the FELTG Virtual Training Institute’s second annual Emerging Issues in Federal Employment Law event will focus on complying with laws, regulations, and Executive Orders under a new administration.

This event offers 15 live instructor-led sessions, aimed at providing you with the latest legal and practical guidance to meet the current situation. Renew your efforts to hold employees accountable for roller-coaster performance. Identify the mistakes holding you back from taking misconduct actions that withstand third-party scrutiny. Take steps to prevent and correct harassment. Find out how to address contractors’ EEO complaints. Review your responsibilities for handling the new complexities of leave, reasonable accommodation requests involving animals, and preventing and correcting workplace harassment. Learn strategies for managing teleworkers. Get the latest on case law and all other developments at the EEOC, FLRA, and MSPB. Review the EEO lessons learned – and still being learned – from COVID-19.  And much much more. Don’t put off getting the important training you need. The open enrollment FELTG Virtual Training Institute’s Emerging Issues in Federal Employment Law program provides benefits you won’t get from other online conference providers. You can register for any of the sessions individually, or you can register for the whole program. You receive opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Earn CLE credits and EEO refresher training credits. Four days. Fifteen sessions. Eight instructors. We’d love to have you join us. Download Individual Registration Form

Tuesday, April 27, 2021

MSPB Day

Session 1

9:30 – 10:45 am EDT

What to Expect When You’re Expecting a New Board

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

Course Description: Once again, we have a glimmer of hope that a new board will be nominated and voted into place at the MSPB. What does this mean for federal HR professionals? What does this mean for all those agencies and employees whose cases have been piling up unread at the board? FELTG President Deborah Hopkins will give an overview of what we can expect in the upcoming months from a new MSPB, and where the board will stand on critical issues like performance and conduct accountability. Earn 1.25 CLE credits.

Session 2

11:15 am  – 12:30 pm EDT

What Do You Do With the Douglas Factors?

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course Description: You likely know those 12 factors identified in the landmark 1981 MSPB decision that birthed their name. But do you know how to use them to determine the appropriate penalty? Attorney Ann Boehm will share case law highlighting how agencies correctly use the Douglas factors and, more importantly, how they were misapplied. She will answer all your Douglas questions, such as: Do the factors go in the proposal or the decision? And what do OPM’s new regs say about the Douglas factors? Attendees will leave this session with the knowledge to avoid the too-common Douglas mistakes. Earn 1.25 CLE credits.

Session 3

1:30 – 2:45 pm EDT 

The Roller Coaster Employee: Managing Up-and-Down Performance

Presented by Robert Woods, Attorney at Law, FELTG Instructor

Course Description: You’ve undoubtedly seen it several times, and it’s always frustrating. An employee is put on an Opportunity to Demonstrate Performance and does well enough to stay in his position. But when the ODAP ends, his performance dips again. As employees return en masse and attempt to adjust to the physical workplace, it’s highly likely that you’ll see some drops in performance  – whether they employees are on an ODAP or not. Attorney Bob Woods will explain how to effectively and efficiently handle wide swings in performance. Earn 1.25 CLE credits.

Session 4

3:15 pm – 4:30 pm EDT

When Employees Go Insubordinate: Don’t Mess With the Wrong Elements

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

Course Description: If you’ve ever been a supervisor or advised one, then you’ve most likely dealt with an employee who did not do what was asked, or, possibly, did the exact opposite. That may sound like a good definition of insubordination for Webster’s Dictionary, but it’s not going to work for the MSPB.  Charges of workplace misconduct have specific legal definitions, which include elements. And to prove a charge, you need to prove all of its elements. FELTG President Deborah Hopkins will walk you through the elements of insubordination and the factors that determine how to best deal with employees who disobey your orders. Earn 1.25 CLE credits.

Wednesday, April 28, 2021

EEOC Day

Session 5

9:30 am – 10:45 am EDT

Preventing and Correcting Hostile Work Environment Harassment

Presented by Meghan Droste, Attorney at Law, FELTG Instructor

Course description: Not all hostile work environment cases involve sexual harassment. However, as attorney Meghan Droste will show you, a large majority do. And yet, hostile environment harassment is often alleged based on all of the protected categories –  sex, race, color, national origin, religion, age, disability, genetic information, or reprisal. Ms. Droste will define the “nature of the conduct,” as well as the “unwelcome” and the “sufficiently severe or pervasive” requirements. She’ll also discuss agency and supervisor liability, and share successful prevention techniques. Earn 1.25 CLE credits. 1.25

Session 6

11:15 am – 12:30 pm EDT

Barking Up the Wrong Tree? Service and Therapy Animals in the Workspace

Presented by Deborah J. Hopkins, Attorney at Law, FELTG President

Course description: Pet ownership increased and animal shelters emptied during COVID-enforced lockdowns in 2020. Undoubtedly, remote workers have enjoyed the therapeutic benefits that come with owning a pet. But does that make their new furry friends therapy or emotional support animals? And can no-longer-remote employees bring their new four-legged friends to the workplace? In most cases, the answer is an easy no. But if it’s a reasonable accommodation request, the answer isn’t quite as definitive. The EEOC’s stance that an emotional support animal may be a required reasonable accommodation for a qualified individual with a disability, even if it is not a trained service dog, fails to provide an easy answer. FELTG President Deborah Hopkins will explain the difference between a service animal and a therapy animal, and provide guidance on how to determine if an emotional support animal would be a reasonable accommodation for an individual with a disability. Earn 1.25 CLE credits. 1.25

Session 7

1:30 – 2:45 pm EDT

What to Do When Contractors File EEO Complaints

Presented by Robert Woods, Attorney at Law, FELTG Instructor

Course description: A federal contractor may file a formal EEO complaint if the agency is determined to be a “joint employer.” How do you determine if you are a joint employer? That determination begins with the case Ma v. HHS. Attorney Bob Woods will walk you through how to apply the Ma factors to your situation. He’ll also explain the roles and responsibilities of agency personnel when contractors start the EEO process, as well as defenses to the “joint employer” allegation. Earn 1.25 CLE credits. 1.25

Session 8

3:00 – 4:30 pm EDT

COVID-19 and EEO: What We’ve Learned and What We Still Need to Know

Presented by Katherine Atkinson, Attorney at Law FELTG Instructor

Course description: The pandemic turned the federal workplace upside down, creating numerous unique situations for supervisors and EEO professionals. Increased vaccinations have eased the burden somewhat, but many EEO challenges remain. Attorney Katherine Atkinson will walk you through some of these remaining challenges, and share the EEO lessons learned from  that past year. Attendees will leave with a basic EEO framework that can be used to address COVID-related issues as well as other challenges long after the virus is eradicated. Earn 1.25 CLE credits. 1.25

Thursday, April 29, 2021

Emerging Trends Day

Session 9

9:30 – 10:45 am EDT

Leave for the Federal Employee in 2021

Presented by Barbara Haga, President/Federal HR Services, FELTG Senior Instructor

Course description: Rules about leave and attendance have always been complicated. During the COVID-19 pandemic, the complexities grew. FELTG Senior Instructor Barbara Haga will give an overview of leave entitlements with a focus on new Paid Parental Leave (PPL), and recent modifications to FMLA, use of COVID-related weather and safety leave and sick leave. Earn 1.25 CLE credits.

Session 10

11:15 am – 12:30 pm EDT

The Telework Tango: Communication and Feedback for a Remote Workplace

Presented by Anthony Marchese, PhD., Consultant/Author/Trainer, FELTG Instructor

Course description: One of the biggest surprises of the pandemic was how well many Federal employees transitioned to 100% telework. It was so successful that many employees and agencies expect telework opportunities to expand in a post-pandemic world. Anthony Marchese will explain how to tweak and improve your management and communication skills for a remote staff, with specific guidance on providing employee feedback and setting expectations in a virtual world.

Session 11

1:30 – 2:30 pm EDT

Addressing Microaggressions and Bias in the Federal Workplace

Presented by Meghan Droste, Attorney at Law, FELTG Instructor

Course description: Microaggressions, whether intentional or not, can be very hurtful to the employees who experience them. Microaggressions and implicit bias can lead to discrimination. FELTG Instructor Meghan Droste, attorney at law, will explain what microaggressions look like it in their various forms, and provide a quick review of EEO law, so you can determine when bias or microaggression might rise to the level of discrimination. Earn 1.25 CLE credits. 1.25

Session 12

3:15 – 4:30 pm EDT

Legal Update: Recent Developments in Federal Employment Law, Part I (MSPB, EEOC, Federal Circuit)

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: In federal employment law, things can change quickly. FELTG Instructor Ann Boehm will review the most recent and relevant cases, regulations, studies and reports from the EEOC, the courts, and (hopefully) the MSPB. Attendees will leave with knowledge of recent developments and with an in-depth analysis of the current employment law climate and its impact on the federal workplace. Earn 1.25 CLE credits.

Friday, April 30, 2021

FLRA Day

Session 13

9:30 am – 10:45 pm EDT

Legal Update: Recent Developments in Federal Employment Law, Part II (FLRA, FSIP)

Presented by Joseph Schimansky, Former Executive Director/FSIP, FELTG Instructor

Course description: Over the past year, the Federal Labor Relations Authority has released several precedent-altering decisions. The Federal Service Impasses Panel has issued several noteworthy decisions, but a new panel is on its way. Join FELTG Instructor Joseph Schimansky, the former Executive Director of the Federal Service Impasses Panel, as he reviews the cases and explains what it all means for federal counsel, HR professionals, and labor relations practitioners. Earn 1.25 CLE credits.

Session 14

11:15 am – 12:30 pm EDT

Labor-Management Partnerships: What if They Are Back in Vogue?

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Course description: With a change in Administration often comes a new approach to labor management relations. And with a Democrat in the White House, we’re likely to soon see a push for a more collaborative method. Will it be like the Clinton-era partnerships? Or more like a Obama-era forums? FELTG Instructor Ann Boehm will explain what the new approach will likely look like, and how you and your agency can best prepare. Earn 1.25 CLE credits.

Session 15

1:30 – 2:45 pm EDT

Impact and Implementation Bargaining in the Federal Workplace

Presented by Joseph Schimansky, Former Executive Director/FSIP, FELTG Instructor

Course description: When an agency makes a change, it may trigger an obligation to negotiate. In late 2020, however, the Federal Labor Relations Authority released three precedent-breaking decisions that pushed the reset button on bargaining with unions. The Authority’s decision in U.S. Department of Education, in particular, seriously diluted that management obligation to negotiate. FELTG Instructor Joe Schimansky will explain the standard for triggering a duty to bargain over impact and implementation. Earn 1.25 CLE credits.

Price

• Early Bird Tuition (register by April 13): One Session = $130  |  April 27-29 All Access = $1400 |  April 27-30 All Access with Labor Relations = $1725
• Standard Tuition (register April 14-30): One Session = $160  |  April 27-29 All Access = $1500 |  April 27-30 All Access with Labor Relations = $1825
• Rates per registrant.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex to broadcast its Virtual Training Institute events. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• How do I claim CLE or EEO refresher credits?
  • This program has been submitted (and we anticipate this program will be approved) for Virginia CLE credits. Members of other state bars must submit for CLE credit on their own, and may use the materials provided by FELTG in submissions. Attendees may also request a certificate of completion which will contain the number of training hours attended, and will designate how many EEO refresher hours were earned.
• Can I get HRCI credits for attending this class?
  • Each session is approved for 1.25 hours of HRCI general recertification credit. The HRCI course numbers will be available upon the conclusion of the training.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through April 13.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Registration Form

Course Description

Let’s face it: Being a federal sector Employee Relations Specialist is a tough job. It’s great to know the basics, but the basics don’t always help you when you’re facing complicated or challenging situations. That’s when you realize that there is much more to learn. No worries. The FELTG Virtual Training Institute presents Advanced Employee Relations, a three-day seminar focused on immersing you in the employee relations training you need most.

You’ll receive in-depth training on topics including leave, performance, misconduct, disability accommodation, and more. Plus, interactive workshops will allow you to leave with the tools you’ll need to succeed. And it will all be taught by FELTG Senior Instructor Barbara Haga.

The program runs 9:00 – 4:00 each day and is approved for 18 HRCI general recertification credits.

Instructor

Barbara Haga

Daily Agenda:

Tuesday, May 4

Leave and Attendance: Administering leave, with particular emphasis on sick leave, LWOP, and FMLA. Detailed review of sick leave provisions including authorized purposes for use of sick leave, limitations on use of sick leave for family care and bereavement, eligibility to use leave for care, notice requirements, acceptable documentation. Management actions to control use of leave and abuse of sick leave. Detailed review of FMLA provisions including eligibility to invoke FMLA, entitlement, coverage of family members, administration and notice requirements. Acceptable medical documentation under FMLA, definition of serious health condition. Substitution of paid leave, including Paid Parental Leave. Discipline tied to FMLA. LWOP – when LWOP is mandatory, limits on granting LWOP, employee status while on extended LWOP. Other topics –issues related to annual leave and leave transfer, other leave entitlements.

Wednesday, May 5

Performance Management: Managing performance from system establishment to conducting annual appraisals to taking actions linked to performance. GEAR initiative and other efforts focused on modifying Federal performance management system. Requirements for performance plans, including design of agency systems, rating schemes, and procedures for conducting appraisals. Linkage between appraisal and other personnel management decisions, including reduction-in-force and within-grade increases. Writing effective and measurable performance criteria that will withstand third-party review, including a workshop where participants will do an in-depth review of performance plans. Requirements for successful performance-based actions – from drafting a PIP notice that will withstand scrutiny to conducting a bona fide PIP to ensuring that due process is met in effecting an action on unacceptable performance.

Thursday, May 6

Misconduct and Other Related Issues: Implementation of a successful disciplinary program – delegation of authority, role of advisors, warnings and cautions, use of administrative leave. Nexus. Dealing with comparators in determining a penalty. Involuntary actions – resignations and retirements. Ordering and Offering medical examinations. Specific disciplinary situations: handling situations when an employee is unable to perform including excessive leave, disability retirement, separation disability; conduct unbecoming; misuse and technology-related misconduct; failure to meet conditions of employment.

Pricing

• • Early Bird Tuition (register by April 19):
    • 3 days = $1370
    • 2 days = $970
    • 1 day = $530

    Standard Tuition (register April 20 – May 6):

    • 3 days = $1470
    • 2 days = $1070
    • 1 day = $630

     

Seminar registration includes a printed copy of the materials. In order to have the best chance to receive materials by the training date, please register by April 19 and provide a shipping address, and your materials will be sent via USPS Priority Mail. Registrations received after April 19 will also receive printed materials, which will be shipped Priority Mail when registration is received; they may not arrive in time for the training.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through April 19.

Download Registration Form

Course Description

With one Executive Order, President Joseph R. Biden created a dramtic shift in the world of federal labor relations, resciding numerous Trump Executive Orders, including those regarding official time, bargaining topics, negotiation timeframes, and union responsibilities to pay for things they never had to pay for before. Are you ready for this 180-degree change in federal labor relations?

Now, more than ever, you need FELTG’s FLRA Law Week. Led by two instructors with a combined total of nearly 40 years experience working at the FLRA, this training will bring you up to speed on where the current law stands, and share best practices on how to effectively navigate it in your day-to-day work, whether you’re a labor attorney, labor relations specialist or union representative.

FLRA Law Week provides attendees with a firm foundation of the historical perspective and precedence of FLRA decisions, as well as a strategy for taking advantage of any new approaches that are coming out of an ever-evolving FLRA. And this includes the latest guidance based on the FLRA’s recent precedent-breaking decisions have on collective bargaining.

There’s no other place where you can get in-depth guidance on hot-button issues, such as permissive bargaining, official time, and negotiations, to guide you through this dynamic time. So join us for FLRA Law Week May 10-14, where the entire world of Federal labor relations will be discussed.

The program runs 9:30 am – 4:00 pm eastern each day, with a break from 12:00-1:00.

Instructors

Ann Boehm, Joe Schimansky

Daily Agenda

Monday, May 10

Basic Management and Employee Rights: An overview of the Federal Service Labor-Management Relations Statute; the current status of Executive Orders 13836 and 13837; fundamental employee, union, and management rights; bargaining unit definition; the union organizer’s role; information requests; official time.

Tuesday, May 11

Labor Relations Meetings and Bargaining: More on official time; formal discussions; union representative rights; the collective bargaining process; the three categories of bargaining: mandatory, permissive, and prohibited.

Wednesday, May 12

Unfair Labor Practices and Negotiability: Employee rights vs. Management rights; the anatomy of an Unfair Labor Practice; an overview of the Federal Services Impasse Panel; negotiability appeals.

Thursday, May 13

The Psychology of Bargaining, Plus Grievances and Pandemic-Related Issues: Selecting a bargaining strategy; interest based bargaining as compared to hard ball bargaining; grievances; exceptions to arbitration awards; a new Administration

Friday, May 14

Understanding the FSIP and Arbitration: Panel members, FSIP procedures, recent FSIP developments, the arbitration process overview; binding the arbitrator; how federal government arbitration is different from private sector arbitration and appeals; educating the arbitrator.

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Early Bird Tuition (register by April 26):

• 5 days = $2190
• 4 days = $1795
• 3 days = $1385
• 2 days = $980
• 1 day = $540

Standard Tuition (register April 27-May 14):

• 5 days = $2290
• 4 days = $1895
• 3 days = $1485
• 2 days = $1080
• 1 day = $640

Seminar registration includes a printed copy of the materials. In order to receive materials by the training date, please register by April 28 and provide a shipping address. Registrations received after April 26 will also receive printed materials, but materials are not guaranteed to arrive by the training date. No split registrations.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through  April 26.

Download Individual Registration Form

Course Description

Hey counselors and investigators! This two-day virtual training event provides an opportunity for you to pick up your mandatory annual refresher training with useful, timely, and engaging guidance. By attending both days of this virtual training, you’ll be able to earn all eight of your refresher hours and receive critical guidance on important EEO topics, such as: EEO timelines, best practices for interviewing complainants and witnesses, trends in reasonable accommodation, the very latest on sexual orientation and gender discrimination, what happens when disabilities and FMLA overlap, the latest on COVID-19 EEO issues, and more. Plus, you’ll get the chance to ask questions of the resident authorities who collectively have seen just about everything in the world of EEO. Attendees will also receive a certificate of attendance verifying they’ve met the annual training requirement. We hope to see you there.

Download Individual Registration Form

Tuesday, May 25, 12:00-4:00 pm eastern

Katherine Atkinson

FELTG Instructor Katherine Atkinson, attorney at law, kicks things off with an in-depth presentation on the foundational issues that EEO professionals need to know – everything from jurisdiction and pre-complaint counseling considerations, to best practices for interviewing complainants and witnesses. Ms. Atkinson will share guidance to help you sharpen your practical skills, especially when it comes to interviewing witnesses. Attendees will learn various methods of communication, the difference between interviews and interrogation, types of questions, and techniques, and she’ll provide her top 10 interviewing tips.

EEO Refreshers Hours: 4

Learning takeaways

Attendees will learn how to:

• Understand timeliness issues like tolling and estoppel.
• Identify the appropriate bases for dismissing a complaint.
• Prepare and conduct effective witness interviews.

Wednesday, May 26,12:00-4:00 pm eastern

Meghan Droste

In the past couple of years, the Supreme Court and the EEOC have issued dozens of significant decisions that impact how you approach your job. FELTG Instructor and Attorney at Law Meghan Droste will look at the latest trends in reasonable accommodation; sexual orientation and gender discrimination; discrimination based on race, color, religion and national origin; and more.

EEO Refreshers Hours: 4

Learning takeaways

Attendees will learn how to:

• Address challenging reasonable accommodations, such as requests for new supervisor.
• Explain the latest Supreme Court decisions on gay/transgender rights
• Understand recent EEOC litigation involving religious discrimination.

Price

• Early Bird Tuition: $370 per session, $700 for both sessions (register by May 11).
• Standard Tuition: $400 per session, $730 for both sessions (register May 12-26).
• Rates per registrant. No split registrations permitted.
• Want to register a group? Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses WebEx for its Virtual Training Institute events. Many government computers and systems allow WebEx access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• What if I want to attend a session but have a schedule conflict?
  • FELTG also plans to offer this live event periodically, so check our calendar for upcoming dates.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • If an agency wishes to register 10 or more attendees for the full event, a group discount will be applied if all registrations are received and paid for together. Group discount deadline is May 11.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Individual Registration Form

There is one action you can take that, when done effectively, could have a major impact on your team’s morale and productivity. This action is something that you should be doing on a regular basis, yet it’s often overlooked amid your busy schedule. What’s this transformative action? It’s giving your employees honest, and ongoing, feedback.

During this half-day interactive virtual training experience, FELTG Instructor Anthony Marchese, Ph.D., will equip participants with the necessary tools to nurture a culture of candor that will lead to healthy and actionable feedback. You’ll learn best practices for motivating and recognizing employees, and neuroscience-based strategies for maximizing performance even when leading employees in a virtual environment. Dr. Marchese will also expose feedback myths and share the ineffective practices that you need to avoid.

Don’t let anxiety, frustration, or confusion prevent you from having honest performance-related discussions with your employees. Providing feedback effectively is a skill that can — and should — be developed. Fix performance problems before they begin. Make your agency a more efficient place to work.

This interactive session will include breakout groups, giving participants a chance to interact with each other.

Learning Objectives

Attendees will learn how to:

• Communicate performance expectations.
• Supervise effectively in a virtual environment.
• Differentiate between positive and negative framing.
• Identify behavioral styles, including your own, to provide feedback that is better understood and more useful.

Also, you will have numerous  opportunities to ask questions about the unique problems you’re facing during these unprecedented times. This program runs from 12:30 – 4:00 eastern, with a 30-minute break from 2:00 – 2:30 eastern.

Download Individual Registration Form

Instructor

Anthony Marchese

Price

• Early Bird Tuition (register by May 13): $340
• Standard Tuition (register May 14-27): $380
• Rates per registrant.
• Want to register a group? Group discounts for 10 or more attendees are available through May 13. Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom for this Virtual Training Institute events. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device. You may also attend the training event as an audio training, by dialing in over the phone and following along with the materials independently.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals. Group discounts are available through May 13.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

Download Individual Registration Form

Event Description

Holding federal employees accountable for performance and conduct is easier than you might think. Too many supervisors believe that an employee’s protected activity (EEO complaints, whistleblower disclosures, or union activity) precludes the supervisor from initiating a suspension or removal, but that’s just not true. During the COVID-19 pandemic, it’s even more imperative your employees are doing the work they are assigned to do, and following all workplace rules along the way.

Supervisors have questions, including:

• Can an agency discipline an employee who refuses to wear a mask in the workplace?
• What should an agency do if a teleworking employee is not performing acceptably?
• Are harassment claims handled differently in a post-COVID world?

FELTG is here to make federal supervisors’ and advisers’ lives easier by clarifying answering these questions and clarifying misconceptions while helping supervisors understand how to take defensible misconduct actions quickly and fairly – actions that withstand scrutiny on appeal by the MSPB, EEOC, or in grievance arbitration. Plus, if you have an under-performing employee working for you now, we will show you the steps to take to give the employee an opportunity to demonstrate acceptable performance, and how to determine whether the employee is successful or should be removed. In addition, we’ll discuss how you can defend against allegations of discrimination and hostile work environment claims, and the role of the supervisor and advisor throughout the EEO process.

This training will include the most up-to-date guidance based on President Biden’s Federal workplace Executive Orders and OPM regulations.

Join us for this three-day seminar and come away with the tools you need to hold your employees accountable, and defend every action you take.

The program runs from 12:00 – 4:30 eastern each day, with a break from 2:00 – 2:30, and when taken together days 1 & 2 meet OPM’s mandatory training requirements for federal supervisors found at 5 CFR 412.202(b).

Download Individual Registration Form

Tuesday, June 15, 2021

Session 1: Accountability for Conduct and Performance, Part I

12:00 pm – 4:30 pm eastern (break from 2:00 – 2:30)

Presented by Deborah Hopkins, Attorney at Law, FELTG President

Course Description: This program begins with a discussion on the foundations of accountability and supervisory authority in the federal government. After learning to identify the differences between performance and conduct issues, the seminar will shift the focus to discipline and misconduct theory and practice. From emphasizing the five elements of misconduct, to explaining how an agency can defend its penalty and provide the employee with due process, to a discussion on discipline procedures and appeals, the attendee will receive a thorough education on properly – and legally – handling employee misconduct issues in the federal workplace.

Learning Objectives

• Understand the differences between employee performance and misconduct issues
• Identify the five elements that must be presents in every discipline case
• Recognize the supervisor’s and advisor’s roles in disciplinary procedures and appeals

Wednesday, June 16, 2021

Session 2: Accountability for Conduct and Performance, Part II

12:00 pm – 4:30 pm eastern (break from 2:00 – 2:30)

Presented by Deborah Hopkins, Attorney at Law, FELTG President

Course Description: This session begins with a focus on one of the most misunderstood areas of accountability: poor performance. The conversation includes the requirements to implement a performance demonstration period, initiating and completing a performance-based action, and determining the appropriate outcome after the employee has been given an opportunity to demonstrate acceptable performance. From there, the discussion turns to some tricky supervisory scenarios that become less intimidating after explanation: dealing with attendance issues, properly handling the absent employee, medical removals and dealing with union issues.

Learning Objectives

• Understand the legally-required procedures to hold an employee accountable for poor performance
• Identify and implement the procedures to deal with leave abuse
• Acknowledge how dealing with employees in a bargaining unit is different than non-bargaining unit employees

Thursday, June 17, 2021

Session 3: Defending Against Discrimination Complaints: The Supervisor’s Role in EEO

12:00 pm – 4:30 pm eastern (break from 2:00 – 2:30)

Presented by Robert Woods, Attorney at Law, FELTG Instructor

Course Description: One of the most intimidating experiences for a federal supervisor is being named in an EEO complaint. Yet, if you are a supervisor for any length of time, there’s a good chance it will happen. This session helps to clarify the federal EEO process so supervisors understand how defend against allegations of discrimination. After an explanation of the protected EEO categories, we’ll cover what to do – and what not to do – if you’re a Responding Management Official in a complaint, and what happens if you’re called as an EEO witness. From there, the program will cover the theories of discrimination, and will provide you with the tools you need to prove your workplace actions were legitimate and non-discriminatory. You’ll sleep better at night after attending this session!

Learning Objectives

• Identify the theories of discrimination in the federal workplace
• Recognize the situations where a employees need reasonable accommodation – and your role in the process
• Understand how to successfully defend against allegations of harassment and discrimination

Pricing

Early Bird Tuition (register by May 31):

• 3 days = $395
• 2 days = $680
• 1 day = $960

Standard Tuition (register June 1-17):

• 3 days = $445
• 2 days = $725
• 1 day = $1015

Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 5th ed., by Wiley and Hopkins. In order to receive the textbook by the training date, please register by May 31 and provide a shipping address. Registrations received after May 31 will also receive a textbook, but it is not guaranteed to arrive by the training date.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Webex for this Virtual Training Institute event. Many government computers and systems allow Webex access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device.
• Can I earn CLE credits for this class?
  • CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees.  If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
• Can I share my access link with co-workers?
  • No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
• Can I register a teleworker?
  • This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.

• How do I receive a group rate discount?
  • Group rates are available for agencies registering 10 or more individuals for the full event. Group discounts are available through May 31.

COVID-19 Note: The host facility has guaranteed to provide seating according to CDC social distance guidelines with 6 feet minimum space between attendees, and will take other health and safety precautions to ensure guests feel safe.

Download Registration Form

As an Employee Relations Specialist, you have a challenging job, and you never know just what personnel challenges might find a spot on your ever-increasing “to do” list.

This seminar starts by grounding the student in the laws, regulations and policies associated with job functions, and provides an explanation on how ER fits within the agency’s greater HR function. After the basics, we’ll dive in to a number of unique topics, which include (but definitely are not limited to) performance plans, standards and recognition; hours of work — including overtime and compensatory time; pay and RIFs; furloughs; handling specific disciplinary situations; leave – including types, accrual, FMLA, military leave and leave stacking; involuntary separations; dispute resolution; EAPs; medical issues and injury compensation; drug testing; plus basic EEO information – including disparate treatment, disparate impact and reasonable accommodation.

Daily sessions run from 8:30 a.m. to 4:30 p.m.

Instructor

Barbara Haga

Daily Agenda

Monday

Introduction to Employee Relations: Functions, key terms and concepts; intersection of Employee Relations and Labor Relations; merit system principles; hours of work; modified schedules; overtime; types of leave.

Tuesday

Leave Administration: Introduction to Family and Medical Leave Act (FMLA); Medical documentation; military leave; administrative leave; performance management appraisal periods; monitoring performance; grievances and appeals; 432 actions.

Wednesday

Performance Issues & Introduction to EEO: Performance Plans; Performance measures; employee recognition; Employee Assistance Programs (EAPs); introduction to Equal Employment Opportunity (EEO): framework and disparate impact.

Thursday

Discipline Issues: Discipline Overview; Responsibilities of HR and supervisors; adverse actions; penalties; alternative discipline; standards of proof; harmful error; specific disciplinary situations; methods of dispute resolution.

Friday

Employee Relations Potpourri: Separations, Retirement; Involuntary Actions; Medical issues: qualification and documentations; reasonable accommodation; drug testing; roles and responsibilities of HR in the process.

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Early Bird Tuition (register by June 7):

• 5 days = $2190
• 4 days = $1795
• 3 days = $1385
• 2 days = $980
• 1 day = $540

Standard Tuition (register June 8-25):

• 5 days = $2290
• 4 days = $1895
• 3 days = $1485
• 2 days = $1080
• 1 day = $640

Download Registration Form

Performance. Conduct. Reasonable Accommodation. Behavioral Health Issues. Whether you’re a supervisor, or someone who advises them, these are the kind of workplace challenges that make you pause, and doubt yourself. There seems to be more questions than answers:

• Is attendance really not an essential function of a job?
• When it comes to disciplinary action for misconduct, do I have to treat all employees the same?
• Should I hold off putting an employee on an ODAP until he has his upcoming annual rating?
• What do I do when an employee with bipolar disorder is going through a manic phase?
• Must I allow an employee to telework as a reasonable accommodation?
• What am I supposed to do when my employee is on an ODAP?
• What do I do if I suspect an employee is going to become violent?

The answers aren’t easy because they often require understanding more than just what the law says. Only FELTG training gives you the specific legal, practical, and clinical guidance you need to reply effectively to these and similar challenging situations. Join FELTG in Hawaii for an intensive three-day training and we’ll provide you the the tools and knowledge to better understand how to:

• Determine the appropriate “disciplinary” action to take in a situation.
• Deal with employees who have mental and behavioral health issues.
• Effectively take an unacceptable performance action that will stand up to third party scrutiny.
• Respond appropriately to the most challenging reasonable accommodation requests.

The program runs 8:30 – 4:00 each day.

Instructors

Deborah Hopkins, Shana Palmieri

Daily Agenda:

Tuesday

Uncivil Servant: Holding Employees Accountable for Performance and Conduct: Fundamentals of disciplinary actions and unacceptable performance actions; establishing rules of conduct; proving misconduct; selecting a defensible penalty; providing due process via agency discipline procedures; writing valid performance standards; implementing a Performance Demonstration Period; removing employees for unacceptable performance in 31 days.

Wednesday

Reasonable Accommodation in the Federal Workplace: Understanding the ADA Amendments Act and the Rehabilitation Act; the reasonable accommodation process for employees with disabilities; the “regarded as” provision of the ADA; essential functions and the “qualified” individual; undue hardship; telework, modified work scheduled and leave as reasonable accommodation; medical documentation; religious accommodation entitlements and how they differ from disability accommodation.

Thursday

Handling Behavioral Health Issues and Threats of Violence: Understanding mental impairments and other behavioral health issues; types of mental disabilities and how they may exhibit in the workplace; dealing with suicidal employees; dos and don’ts when working employees who have behavioral health issues; myths and facts about targeted violence in the workplace; individual characteristics that put an employee at higher risk of committing an act of violence; steps to take if someone becomes violent in the workplace; developing and implementing an in-house threat management team to deal with threat assessments; risk management; the best ways to keep employees safe during a crisis.

Pricing

Early Bird Tuition (registration required by June 15, 2021)

• 3 days = $1400
• 2 days = $1000
• 1 day = $560

Standard Tuition (registrations received June 16-July 1, 2021)

• 3 days = $1500
• 2 days = $1100
• 1 day = $660

Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 5th ed.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training will not be refunded, and will not be given credit toward another course after the cancellation date on the registration form. No-shows will not be refunded or given credit toward future courses.

Download Registration Form

Attention, all federal supervisors (and those who advise them): this is a program you can’t afford to miss. This week covers a range of topics including employee accountability for conduct and performance, managing leave abuse, handling EEO complaints, reasonable accommodation, workplace management and leadership skills, and managing difficult employees.

Supervisors who complete this training meet OPM’s mandatory training requirements for new supervisors found at 5 CFR 412.202(b).

The program runs 8:30 – 4:00 each day.

Instructors

TBD

Daily Agenda:

Monday

Uncivil Servant: Holding Employees Accountable for Conduct: Fundamentals of disciplinary actions; establishing rules of conduct; proving misconduct; selecting a defensible penalty; providing due process via agency discipline procedures; drafting disciplinary documents; alternatives to discipline.

Tuesday

The Supervisor’s Role in EEO: The role of EEO in the federal government; defining protected categories: race, color, national origin, religion, sex, age, disability, genetic information and reprisal; documentation to help you defend against frivolous complaints; what to do if you’re a Responding Management Official in a complaint.

Wednesday

Maximizing Accountability in Performance: Eliminating unnecessary barriers to addressing poor performance; analyzing your existing appraisal systems; writing clear, measurable, and enforceable performance standards; Within Grade Increases (WIGIs); eliminating unacceptable performance requirements that are not based on law/regulation; employee opportunity periods.

Thursday

Handling Employee Leave Issues: An overview of leave types and entitlements; annual leave; sick leave; AWOL and Leave Without Pay; FMLA crash course; medical certification requirements; substitution of paid leave; handling complicated leave issues; leave abuse.

Friday

Effectively Managing Today’s Federal Workforce: Communicating effectively with employees; managing teleworkers; managing a multigenerational workforce; handling difficult employees; mentorship.

Supervisors who attend the full week will receive a certificate verifying participation in OPM’s mandatory training requirements for new supervisors, found at 5 CFR 412.202(b).

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Early Bird Tuition (register by July 12):

• 5 days = $2210
• 4 days = $1815
• 3 days = $1400
• 2 days = $1000
• 1 day = $560

Standard Tuition (register July 13-July 30):

• 5 days = $2310
• 4 days = $1915
• 3 days = $1500
• 2 days = $1100
• 1 day = $660

Registered participants will receive a copy of the textbook UnCivil Servant, fifth edition, by Wiley and Hopkins.

Lodging: The host hotel, the Palmer House, has a limited number of rooms available at the federal per diem rate, for reservations made through June 28, 2021. Please contact the hotel directly at 312-726-7500 and mention this event to check rate availability.

Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.

COVID-19 Note: We are hoping to hold this class in person. If that is not possible the class will be held virtually.

Registration Opening Soon.

This week focuses on conducting administrative investigations in the federal workplace with an emphasis on employee misconduct including workplace harassment. After an overview of the substantive law, participants will learn procedures and best practices for conducting investigations in the federal workplace, including planning the investigation, fact finding, collecting evidence, dealing with witnesses, understanding types of questioning, and testifying at hearing. The week concludes with a day focused on writing an investigative report.

Instructors

TBD

Daily Agenda

Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; law behind other types of administrative investigations; witness rights; union representation.

Tuesday

Harassment Investigations: Investigating allegations of harassment; differentiating between EEO and non-EEO harassment; the intersection with criminal investigations; special considerations in light of #MeToo and #TimesUp.

Wednesday

Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation. beginning the interview.

Thursday

Conducting the Investigation, Part II: Conducting the interview; handling difficult witnesses; assessing credibility/lies/hearing what isn’t said; body language; gathering other evidence; technology and investigations; high profile case considerations; testifying at an administrative hearing; rules for being an effective witness.

Friday

Writing the Investigative Report: Organizing for the report; establishing the chronology; writing for your audience; report writing style; report writing conventions; report organization; sample report.

Pricing

Most people attend the full training week, but you may opt out of any days you don’t plan to attend.

Early Bird Tuition (register by July 18):

• 5 days = $2290
• 4 days = $1875
• 3 days = $1445
• 2 days = $1020
• 1 day = $560

Standard Tuition (register July 19 or later):

• 5 days = $2390
• 4 days = $1975
• 3 days = $1585
• 2 days = $1120
• 1 day = $660

Save the dates! Registration and location information coming soon.

The civil service world is changing and it’s important to be aware of the new laws and executive orders that apply to you. MSPB Law Week covers the legal requirements and best practices for disciplinary charges and penalties, plus understanding the law and strategy in handling performance cases and defending against whistleblower reprisal complaints. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.

While the near future of the Merit Systems Protection Board remains uncertain, FELTG’s instructors are staying on top of the situation and will provide attendees with the information they need to know.

The program runs 8:30 – 4:00 each day and is pre-approved for 29 CLE credits in Virginia and California. It is also approved for 29 HRCI general recertification credits.

Instructors

William Wiley, Deborah Hopkins

Daily Agenda

Monday

Adverse Actions: Statutory basis including the Civil Service Reform Act, the Department of Veterans Affairs Accountability and Whistleblower Protection Act, the five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, obtaining testimony to protect the penalty selection should one or more charges fail, types of evidence necessary to support a penalty selection, the MSPB’s power to mitigate a penalty and recent trends in the Board’s use of that authority, educating uninformed arbitrators, using alternatives to discipline.

Tuesday

Charges: Types of charges, parts of a charge, how charges are interpreted, the role of the proposing and deciding officials, capitalizing on the general charge, allowing the inclusion of lesser-included offenses, charging in the alternative, attractive options to difficult charges and common charging mistakes, proving the difficult “intent” charge element, a step by step approach to charge drafting.

Wednesday

Penalties: MSPB and Federal Circuit lead cases in penalty determination, getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, charging down and proving up, how the maximum penalty is established, an update of recent Board and court decisions: what’s really new and what’s old wine in new bottles, placing the emphasis on notice, the Board’s lack of a quorum, penalty mitigation changes.

Thursday

Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, implementing PIP’s, defeating the PIP rollercoaster, accommodating disability-related poor performance, converting an unacceptable performance problem into a Part 752 disciplinary action, termination based on failing a performance quiz.

Friday

Defending Against Whistleblower Reprisal Claims and other Affirmative Defenses: Whistleblower claims: protected disclosures and whistleblower reprisal, claims of harmful error, reprisal for union activity, excessive penalty findings.

Pricing

Coming soon.

Save the dates! Registration and specific event information coming soon.

If you’re looking for training that covers the gamut of EEO issues, and provides usable guidance for all practitioners, regardless of experience level, this is it: FELTG’s EEOC Law Week. FELTG’s expert speakers, drawing on years of experience from all sides of the litigation table, deliver a fast-paced week of strategies, principles, and authorities relative to the major aspects of the field of discrimination law in the federal government. This course is updated for 2020, and has a whole day focused on harassment. Register early because EEOC Law Week regularly sells out.

The program runs 8:30 – 4:00 each day and is pre-approved for 29 CLE credits in Virginia and California. It is also approved for 29 HRCI general recertification credits.

 6 per day Monday – Thursday; 5 on Friday.

Instructors

TBD

Daily Agenda

Monday

Basic EEOC, Nuts & Bolts: The Basics – Statutory authority and jurisdiction of EEOC, an overview of the theories of discrimination, overview of EEO process, amended and consolidated complaints; timeliness issues in the wake of the Supreme Court decisions in Morgan and Ledbetter.

Tuesday

Contractor Complaints; Intentional Discrimination and Reprisal Cases: Contractor complaints; intentional discrimination analysis and cases; selection & promotion cases; a focus on national origin and religious discrimination cases; reprisal analysis and cases.

Wednesday

Accommodating Individuals with Disabilities: The Rehabilitation Act, the Americans with Disabilities Act Amendments Act, defining individuals with a disability, major life activities and substantial limitation; essential job functions, the interactive process, types of reasonable accommodation; the Genetic Information Nondiscrimination Act (GINA) regulations.

Thursday

Current Trends in EEO Law: a Focus on Harassment: The latest on what’s happening in EEO, hostile environment harassment, gender stereotyping, same-sex harassment sexual orientation and transgender discrimination, non-EEO harassment; settlement.

Friday

Mixed Cases; Damages & Remedies: Mixed cases; overview of Equitable Remedies: back pay, front pay, reinstatement; non-pecuniary and pecuniary damages, past and future damages, damages offsets, the duty to mitigate damages, collateral sources and pre-existing conditions, multiple causations of harm, the eggshell complainant.

Pricing

Coming soon.

Save the date! Registration and specific event location coming soon.

Federal employees enjoy a wide variety of leave-related benefits. However, many of us would never use the words “enjoy” and “leave” so closely together. Whether you’re an HR professional, employee relations practitioner, EEO specialist, supervisor, or agency counsel, you have undoubtedly faced a leave-related challenge. FELTG’s Absence, Leave Abuse & Medical Issues Week will give you the critical foundation you need to address the most complex areas of federal employment law.

Our speakers will discuss sick leave, annual leave, leave without pay, absence without leave, and FMLA. Then they will tackle the most current, relevant topics, such as medical issues and unacceptable performance, leave and reasonable accommodation, medical documentation, medical exams, and, of course, leave abuse.

You’re going to learn an awful lot about “leave” and you’re going to “enjoy” the training.

The program runs 8:30 – 4:00 each day and is pre-approved for 29 CLE credits in Virginia. It is also approved for 29 HRCI general recertification credits.

Instructors

Barbara Haga, Deborah Hopkins, Katherine Atkinson, Meghan Droste 

Daily Agenda:

Monday – Leave Use Overview

Course Topics: Types of leave and leave entitlements; proper leave administration; discretionary leave scenarios; leave stacking; understanding when you can say no to a leave request; Administrative Leave Act of 2016 changes.

Tuesday – FMLA Law & Policy

Course Topics: Federal sector FMLA basics, including new provisions on paid family leave, employee notice issues, serious health condition developments, medical certification issues, managing intermittent FMLA leave; discipline and performance issues when FMLA is involved; last chance agreements with FMLA.

Wednesday – Leave-Related Discipline & Medical Removals

Course Topics: The five elements of discipline; leave-related misconduct; documentation necessary to discipline an employee for leave-related misconduct and leave abuse; AWOL charges; excessive absence removals; medical inability to perform removals.

Thursday – Understanding Reasonable Accommodation: Entitlements and Processes

Course Topics: The ADA Amendments Act; the reasonable accommodation process; the “regarded as” provision of the ADA; telework and leave as reasonable accommodation; flexible work schedules and alternative work locations; religious accommodation.

Friday – Medical Documentation, Medical Requests and Record Confidentiality

Course Topics: How the ADAAA and GINA impact the collection of medical information; pre- and post-employment medical exams and inquiries; conditional employment offers; medical documentation requests; direct threat; conflicting regulations and contra court decisions.

Pricing

Coming soon.