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Event Description

Though the world looks different than it did a few months ago, one thing hasn’t changed: the need for agencies to take disciplinary actions against employees who violate workplace rules. It’s more important than ever for agency advisers to be aware of new regulations, and the current status of the executive orders, that apply to executive branch employees. FELTG’s Virtual Training Institute presents Taking Defensible Disciplinary Actions, a three-day virtual program covering the legal requirements and best practices for taking defensible disciplinary actions in the federal government – actions that will withstand appeal by a third party.

Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience. You can register for any of the sessions individually, or you can register for all three.

This program runs from 12:30 – 4:00 eastern each day, with a 30-minute break from 2:00 – 2:30 eastern.

Download Individual Registration Form

Monday, June 1, 2020

Session 1: The Foundations of Accountability: Discipline and Adverse Actions

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

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

Session Description: This session begins with a discussion of the foundations of accountability based on the Civil Service Reform Act and the Department of Veterans Affairs Accountability and Whistleblower Protection Act, and the importance of understanding the differences between employee poor performance and misconduct. The program will cover the five elements that must be present in every disciplinary case, plus discipline and adverse action procedures, and how an agency can defend itself in an appeal to an MSPB administrative judge or in front of an arbitrator. Plus, we’ll spotlight discipline alternatives such as last chance agreements and last rites discussions.

Learning Objectives

Attendees will learn how to:

• Understand the differences between misconduct and poor performance.
• Develop a disciplinary record containing the five elements of a legally-defensible disciplinary case.
• Identify alternatives to traditional discipline.

Tuesday, June 2, 2020

Session 2: Charges and Penalties

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

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

Session Description: If you’ve been in the business for more that a few days, you know the importance of drafting legally-sufficient disciplinary charges, and the importance of making a reasonable penalty determination. Yet many agencies still lose cases because of poorly-drafted charges. This session will cover the art and science behind drafting disciplinary charges, including the types of charges, parts of a charge, how charges are interpreted, and alternative charges. From there the discussion will turn to MSPB and Federal Circuit lead cases in penalty determination, and defending the penalty using the Douglas factors, including getting “intent” penalties off of “non-intent” charges, and proving harsh penalties off of vanilla charges. Plus, we’ll cover the important aspects of drafting proposal and decision letters.

Learning Objectives

Attendees will learn how to:

• Identify sound, legally-defensible charges that correspond to an employee’s misconduct.
• Understand how the Douglas factors impact the reasonableness of an agency’s penalty.
• Draft proposal and decision letters according to legal standards.

Wednesday, June 3, 2020

Session 3: Affirmative Defenses and Mixed Cases

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

Presented by Deborah Hopkins, Attorney at Law, FELTG President and Robert Woods, Attorney at Law, FELTG Instructor

Session Description: When it comes to discipline, employees often want to challenge management in an attempt to get the discipline overturned. On some occasion, those challenges can be a bit complicated. This session will cover two areas you’ll need to be prepared for: affirmative defenses and mixed cases. We’ll take a look at the multiple types of reprisal an employee might allege as an affirmative defense, plus cover what to do if an employee alleges an agency action was motivated by EEO discrimination, or accused the agency of committing a harmful error. From there the discussion will focus the anatomy of a mixed case appeal or a mixed case complaint, and what you should do when one of these lands on your desk.

Learning Objectives

Attendees will learn how to:

• Understand affirmative defenses and learn how to defend against them.
• Successfully defend your agency against whistleblower reprisal complaints.
• Identify and successfully navigate scenarios involving mixed cases.

Price

• Early Bird Tuition (register by May 22): One Day = $275  |  Two Days = $525  |  Full Event = $750
• Standard Tuition (register May 23-June 3): One Day = $325  |  Two Days = $575  |  Full Event = $795
• Rates per registrant. No split registrations permitted.
• Want to register a group? Group discounts are available through May 22. Contact FELTG.
• REGISTER NOW.

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.
• 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 22.

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

Federal Workplace Challenges in a COVID-19 World: Returning to Work During a Pandemic

While the nation’s slow re-opening is being welcomed by struggling small businesses and Americans eager for a return to normalcy, it is being met with hesitation and fear by many employees who will soon be making their way back to the workplaces they last occupied several weeks ago.

They are not the only ones who are hesitant. You probably are too. And you should be. Bringing teleworkers back to the physical workplace amid a pandemic will not be easy. Agency HR/EEO professionals, attorneys, supervisors, and managers play important roles in ensuring that their agencies follow the appropriate guidelines, comply with laws involving leave and reasonable accommodation, and meet their burden for providing a safe workspace.

Are you prepared? Join FELTG for a one-of-a-kind, multi-faceted virtual training event that readies you for this unique and demanding challenge. In one afternoon, attendees will receive a detailed discussion of numerous considerations as they prepare for the physical return of employees to the workplace – leave and flexible work schedules, medical testing, employees who blow the whistle about COVID-19 related issues, reasonable accommodation, mental health crises, and much more.

Learning Objectives

After completing this training, attendees will know how to:

• Apply available flexibilities on scheduling, leave, and telework.
• Provide appropriate support to employees with mental health struggles exacerbated by the pandemic.
• Ensure a safe work environment without violating EEO laws.

This is an event that you cannot afford to miss. This program runs from 12:30 pm – 4:00 pm eastern

Download Individual Registration Form

Session Description

Part 1: Federal Employee Leave: Rights, Requirements and Strategies

Presented by Ann Boehm, FELTG Instructor, Attorney at Law

Administering leave can be complicated enough in normal times, let alone during a pandemic. Ms. Boehm will explain the basic leave entitlements of federal employees, and address the additional leave options and strategies that are specific to COVID-19, such as emergency paid sick leave and administrative leave.

Part 2: Complying with the Law While Ensuring a Safe Return to Work

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

What is the latest guidance from OPM, OMB, CDC, and other authorities as agencies prepare to call employees back to work? Can you – and should you – require medical certification for employees returning to duty? What are your options if an employee refuses to return to work? Are you prepared for reasonable accommodation requests or hostile work environment claims from vulnerable populations? What should an agency do if an employee has blown the whistle about COVID-19 related matters? Ms. Hopkins will address these issues, and more.

Part 3: Managing the Mental Health Crisis During the Pandemic

Presented by Shana Palmieri, LCSW, FELTG Instructor

A new national report detailing the psychological impacts of COVID-19 projects an additional 75,000 Americans could die due to “diseases of despair.” This vulnerable population will soon be returning to the workplace. Ms. Palmieri will provide up-to-date information on risk factors for mental health crises and how to provide appropriate support, intervention and access to treatment for federal government employees to prevent deaths from diseases of despair including suicide, depression, and acute trauma.

Price

• Early Bird Tuition (register by June 1): $295
• Standard Tuition (register June 2-10): $345
• Rates per registrant.
• Want to register a group? Group discounts are available through June 1. Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom Webinars (not Zoom Meetings) for this 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.
• 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 June 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

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.

FELTG is here to make federal supervisors’ lives easier by clarifying those 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.

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 9:00 – 4:00 eastern each day, with a break from 12:00 – 1:00, and meets OPM’s mandatory training requirements for federal supervisors found at 5 CFR 412.202(b).

Download Individual Registration Form

Tuesday, June 23, 2020

Session 1: Accountability for Conduct and Performance, Part I

9:00 am – 4:00 pm EDT (break from 12:00 – 1:00)

Presented by Deborah J. 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 24, 2020

Session 2: Accountability for Conduct and Performance, Part II

9:00 am – 4:00 pm EDT (break from 12:00 – 1:00)

Presented by Deborah J. 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 25, 2020

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

9:00 am – 4:00 pm EDT (break from 12:00 – 1:00)

Presented by Katherine Atkinson, 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 June 9):

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

Standard Tuition (register June 10-25):

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

Seminar registration includes a printed copy of the materials, and a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 5th ed., by Wiley and Hopkins. In order to receive materials by the training date, please register by June 9 and provide a shipping address. Registrations received after June 9 will also receive printed materials, but materials are 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 June 9.

Download Individual Registration Form

EEO Challenges in a COVID-19 World

Back by demand and updated with the very latest guidance!

The workplace has been turned upside down over the last few weeks as more than a million federal employees have left their desks and agency facilities to work from home. But just because there’s nobody in the office doesn’t mean that EEO problems have vanished, too. Plus, EEO problems for workers whose presence is deemed essential – such as health care providers, security officers, law enforcement officials – are on the rise.

HR specialists, EEO professionals, agency attorneys and supervisors are finding that instead of decreasing as social distancing sets in, EEO problems are getting more challenging – and some of the questions that are arising have no legal precedent, due to the unprecedented nature of this pandemic. It’s expected that these challenges will continue, and possibly increase, once the majority of workers report back to their offices.

It may seem as though you’re suddenly navigating uncharted waters. Have no fear. During this half-day virtual training event, Attorney Katherine 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:

• 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?
• Must you provide telework or other accommodations to all employees with pre-existing conditions that make them high risk for COVID-19?

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 12:30 – 4:00 eastern, with a 30-minute break from 2:00 – 2:30 eastern.

3

Download Individual Registration Form

Price

• Early Bird Tuition (register by June 22): $295
• Standard Tuition (register June 23-20): $345
• Rates per registrant.
• Want to register a group? Group discounts for 10 or more attendees are available through June 20. Contact FELTG.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom Webinars (not Zoom Meetings) to broadcast its 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.
• 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 June 20.

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

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, one of the most experienced federal employee relations professionals you’ll ever meet.

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

Instructor

Barbara Haga

Daily Agenda:

Tuesday, July 7

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. 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, July 8

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. Revised DOD performance system to be implemented in 2016. 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, July 9

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 June 22):
    • 3 days = $1370
    • 2 days = $970
    • 1 day = $530

    Standard Tuition (register June 23 – July 9):

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

     

Seminar registration includes a printed copy of the materials. In order to receive materials by the training date, please register by June 22 and provide a shipping address. Registrations received after June 23 will also receive printed materials, but materials are 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 June 22.

Download Individual 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.

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

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, July 13

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, July 14

FMLA Law and 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, July 15

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, July 16 

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, July 17

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 June 29):

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

Standard Tuition (register June 30 – July 17):

• 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 June 29 and provide a shipping address. Registrations received after June 29 will also receive printed materials, but materials are 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 June 29.

Download Individual Registration Form

Course Description

Navigating your role in the modern federal workplace requires not just the legal knowledge, but also the practical skills to handle the most intense and challenging situations. And the challenges you face today may not be the same as the challenges you faced last week, last month, or last year.

For example, do you know what to do in the following scenarios?

• An employee with bipolar disorder is having a manic episode in the workplace.
• An employee threatens violence or suicide after the social isolation caused by COVID-19 has taken its toll.
• An employee claims she is being sexually harassed by one of your best performers.
• You’ve heard reports that another manager is bullying an employee.
• Your entire team is working remotely, and you need to meet with everyone to discuss a project or deadline.
• An employee is wasting time on social media when he is supposed to be working.
• The union is using abrasive language directed at agency leadership and management officials.

We will provide you the specific legal, practical and clinical guidance you need to reply effectively in these and many other difficult situations during our all-new Emerging Issues Week. You’ll gain the tools to better understand how to:

• Deal with employees who are experiencing mental and behavioral health issues.
• Handle sexual harassment and bullying claims.
• Manage risk in your agency.
• Interact with the union in an effective way.
• Manage a mobile workforce and handle reasonable accommodation requests.

Who Should Attend

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

Instructors

Deborah Hopkins, Shana Palmieri, Katherine Atkinson, Ann Boehm

Daily Agenda:

Monday, July 20

Handling Behavioral Health Issues: Course topics: An overview of the ADA/ADAAA and Rehabilitation Act requirements on accommodating individuals with invisible disabilities – with a focus on mental impairments and other behavioral health issues; types of mental disabilities and how they may exhibit in the workplace; accommodations for behavioral health-related disabilities; working with employees who have PTSD, handling substance abuse misuse and disorders; last chance agreements; dos and don’ts when working with employees who have behavioral health issues.

Tuesday, July 21

Dealing with Threats of Violence: Course topics: Handling the psychiatric emergency in the workplace; threatening behavior and the direct threat analysis; myths and facts about targeted violence in the workplace; dealing with suicidal employees; individual characteristics that put an employee at higher risk of committing an act of violence; how to develop and implement an in-house threat management team to deal with threat assessments, risk management, and the best ways to keep employees safe during a crisis; steps to take if someone becomes violent in the workplace.

Wednesday, July 22

Harassment Allegations and Investigations: Course topics: Differentiating between EEO and non-EEO harassment; protected categories; avenues of redress for the aggrieved; investigating harassment allegations; developing an investigative plan; dealing with difficult witnesses; witness and management rights during the investigation stage; agency obligations; the intersection with criminal investigations; bullying; special considerations in light of #MeToo and #TimesUp.

Thursday, July 23

The Nontraditional Workplace: Telework, Reasonable Accommodation, and Technology Challenges: Accountability tools for managing a mobile workforce; updated COVID-19 telework guidance from OPM, the White House, and EEOC; handling requests for telework, leave, or flexible schedules as reasonable accommodation; challenges with technology in the federal workplace including technology-related misconduct.

Friday, July 24

Working in a Unionized Environment: What every supervisor and advisor should know about federal labor unions; collective bargaining agreements; official time; LR meetings; an overview of the Federal Service Labor-Management Relations Statute; fundamental employee, union, and management rights; unfair labor practices; controlling official time; handling information requests; the current status of the Executive Orders.

Pricing

Early Bird Tuition (register by July 6):

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

Standard Tuition (register July 7 – July 24):

• 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 July 6 and provide a shipping address. Registrations received after July 6 will also receive printed materials, but materials are 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 July 6.

Download Individual Registration Form

Course Description

Summer heralds the arrival of warmer weather, and with it the federal conference season. But with a pandemic not yet behind us, you may be wary of attending a crowded function or, perhaps, you find that getting approval for travel is even more difficult than usual. In fact, the pandemic is making the possibility of attending summer federal conferences less likely each day.

There’s no need to despair, and no need to give up on high-quality training: join the virtual FELTG Forum this summer, from wherever you’re working. FELTG’s experienced and widely respected instructors come together for a training event focused on making sure you’re prepared to effectively manage the federal employment challenges that are new, complicated, and critical to your and your agency’s success.

Whether you’re a supervisor, HR professional, EEO practitioner or an attorney, this event has something for you. Attendees will receive clear strategies and straight-forward guidance for holding employees accountable for performance and conduct, deftly handling the most complex EEO challenges, and identifying and handling those pesky issues that are new — or will be soon enough. Along the way, EEO counselors and investigators can earn their annual refresher hours, and attorneys can pick up CLEs, including two hours for their legal ethics requirements.

And here’s the best part: You can select whichever sessions you want. Join us for the whole event. Or join us for one day, or just one session. It’s up to you.

Avoid the crowds. Save your agency money. And get the important training you need from instructors you trust.

Who Should Attend

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

Monday, July 27, 2020

Counselor& Investigator Refresher Jump Start

Pre-session

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

What Every Counselor and Investigator Needs to Know in 2020

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

(Earn 3 EEO counselor & investigator refresher hours)

Hey counselors and investigators! FELTG’s special event Federal Workplace 2020: Accountability, Challenges, and Trends provides an opportunity for you to pick up your mandatory annual refresher training with useful, timely, and engaging guidance. Ms. Atkinson 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.

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.

Tuesday, July 28, 2020

Spotlight on Accountability

Session 1

9:30 – 10:45 am EDT

The Foundations of Accountability: Discipline and Performance

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

(Earn 1.25 CLE credits)

This session begins with a discussion on the foundation of supervisory authority, and it will clarify the too-common misconceptionsthat prevent federal agencies from taking successful misconduct and performance-based actions againstemployees. Attendees will learn the five elements that must be present in a disciplinary case, the principles for holding employees accountableto perform acceptably, and will leave with the guidance necessary to avoid the roadblocks that lead to actions that fail when under the scrutiny of the MSPB, EEOC, or in grievance arbitration.

Learning takeaways

Attendees will learn how to:

• Recognize the differences between performance and conduct.
• Identify the due process errors that doom a disciplinary or performance case.
• Successfully take a defensible disciplinary or performance-based action that complies with the law, regulations, and Executive Orders.

Session 2

11:15 am – 12:30 pm EDT

Charges and Penalties in Disciplinary Cases

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

If you’ve been in the business for more than a few days, you know the importance of drafting legally-sufficient disciplinary charges, and making a reasonable penalty determination. Yet many agencies still lose cases because of poorly drafted charges. This session will cover the art and science behind drafting disciplinary charges, including the types of charges, parts of a charge, how charges are interpreted, and alternative charges. From there the discussion will cover the factors required to determine an appropriate penalty for employee misconduct.

Learning takeaways

Attendees will learn how to:

• Discuss the MSPB and Federal Circuit lead cases involving penalty determination.
• Defend the penalty using the Douglas Factors – or related penalty defense factors.
• Draft effective proposal and decision letters.

Session 3

1:30 – 2:45 pm EDT

Providing Performance Feedback That Makes a Difference

Presented by Anthony Marchese, Ph.D., Coach/Author/Trainer, FELTG Instructor

There is one action you can take that, when done effectively, could have a major impact on your team’s morale and productivity, and that is providing employees with honest feedback – and not just at mid-year or annual review time. This session presentation will equip participants to nurture a culture of candor, while exposing feedback myths and ineffective practices. Plus, you’ll learn how to have difficult conversations that produce actionable outcomes.

Learning takeaways

Attendees will learn how to:

• Identify the best practices for nurturing a culture of healthy feedback.
• Prepare for routine and high-stakes conversations by learning to use a thoughtful approach to employee conve
  rsations.
• Distinguish between opposing mindsets and their impact upon how feedback is received/acted upon.

Session 4

3:15 – 4:30 pm EDT

What to Do When Performance Goes Bad

Presented by Bob Woods, Attorney at Law, FELTG Instructor

(Earn 1.25 CLE credits)

When it comes to the PIP, the DP, the ODAP, or whatever your agency calls it, a lot of the advice you get is BS. But not from FELTG. This session gets to the heart of how to handle performance challenges. Attendees will learn the FELTG-Way to manage an employee’s opportunity to demonstrate acceptable performance. And if the employee fails the ODAP, attendees will be able to confidently, effectively, and quickly remove the employee for poor performance.

Learning takeaways

Attendees will learn how to:

• Identify the required elements of performance cases.
• Implement a legally-sufficient opportunity period to demonstrate acceptable performance (formerly a PIP).
• Remove a poor performer in 31 days.

Wednesday, July 29, 2020

Handling EEO Challenges

Session 5

9:30 – 10:45 am EDT

Reasonable Accommodation in 75 Minutes

Presented by Dwight Lewis, former EEOC Chief AJ/Dallas Region, FELTG Instructor.

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

As the Chief Administrative Judge of the EEOC’s Dallas Region for many years, Dwight Lewis saw his fair share of cases where agencies made reasonable accommodation mistakes. In this fast-paced session, Mr. Lewis will prepare you to be better equipped to navigate the reasonable accommodation process and avoid those mistakes he’s seen so often. The session will cover everything from defining a disability to determining undue hardship, and will highlight the importance of the interactive process in determining what accommodation is reasonable.

Learning takeaways

Attendees will learn how to:

• Effectively navigate the interactive process.
• Determine when telework would be an appropriate accommodation.
• Explain who gets to choose the accommodation, and why

Session 6

11:15 am – 12:30 pm EDT

The Latest on Sexual Orientation and Transgender Discrimination

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

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)  

The Supreme Court will be handing down a decision on the Zarda, Bostock, R.G. & G.R. Harris Funeral Homes cases before thistraining event. FELTG President Deborah Hopkins will share her analysis of the High Court ruling and explain the impact it will have on the federal workplace. Over 75 minutes, Ms. Hopkins will also bring you up to speed on the law, gender stereotyping as sex discrimination, same-sex discrimination, harassment not motivated by sexual desire, and much more.

Learning takeaways

Attendees will learn how to:

• Understand the statutory authorities that prohibit sex-based discrimination.
• Define terms and concepts that apply to LGBTQ+ employees.
• Identify actions that get agencies into EEO trouble.

Session 7

1:30 – 2:45 pm EDT

When the ADA and FMLA Collide

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

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

Navigating the FMLA is one of the most complex challenges a federal agency can face unless, of course, it is navigating the ADA at the same time. FELTG Senior Instructor Barbara Haga will compare and contrast coverage under the FMLA and coverage under the ADA, discuss the tricky role of medical documentation, and review leave under the FMLA and as a reasonable accommodation.

Learning takeaways

Attendees will learn how to:

• Explain the difference between a serious health condition and an ADA disability.
• Handle excessive absences under FMLA.
• Request the appropriate medical documentation, without violating employee rights to confidentiality.

Session 8

3:15 – 4:30 pm EDT

Navigating the Morass of Mixed Cases

Presented by Bob Woods, Attorney at Law, FELTG Instructor.

(Earn 1.25 EEO counselor & investigator refresher hours and 1.25 CLE credits)

Few things create as much confusion among even experienced federal attorneys, EEO specialists, or HR professionals as mixed cases. We are here to help. Join Bob Woods as he untangles this often-complicated area when MSPB and EEOC both have potential jurisdiction over a case. What do you do when a mixed case lands on your desk? You’ll learn if you attend this session.

Learning takeaways

Attendees will learn how to:

• Discuss procedural options for processing mixed cases.
• Identify potential jurisdictional issues in mixed case processing.
• Explain the role of the Special Panel.

Thursday, July 30, 2020

Trends in Federal Employment Law

Session 9

9:30 – 10:45 am EDT

Managing a Mobile Workforce: Tools for Accountability and Productivity

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

(Earn 1.25 CLE credits)

One of the biggest challenges facing agencies during this COVID-19 pandemic – and its potential aftermath – is that so much of the workforce is no longer in the workplace. And with varying return to work orders across the country, there’s not a one-size-fits-all approach to where things stand. How do you handle performance issues? What about conduct? Are work expectations lowered or amended when people telework in emergency situations? What are the pitfalls or best practices for managing employees from afar? Using anecdotes from her decade of experience managing a remote workforce, FELTG President Deborah J. Hopkins will provide the answers and share exclusive tips you shouldn’t miss.

Learning Objectives

Attendees will learn how to:

• Communicate expectations to employees who are teleworking.
• Conduct a performance demonstration period while an employee is working remotely.
• Identify the telework performance pitfalls for employees and supervisors.

Session 10

11:15 am – 12:30 pm EDT

Understanding and Working with Your Agency’s OIG

Presented by FELTG Instructor, TBD

(Earn 1.25 CLE credits)

Your agency’s Office of Inspector General employs investigators, auditors, evaluators, and, sometimes, armed special agents. Its mission is to prevent and detect waste, fraud, and abuse, and promote economy, effectiveness, and efficiency of agency operations. It does so by investigating potential violations of law or misconduct and auditing or evaluating the agency’s operations and systems. If it sounds like your OIG’s mission may overlap or interconnect with your office’s mission, you’re right. So what happens when you’re investigating misconduct, and the OIG is investigating as well? What’s the role of the OIG if you uncover criminal behavior in the workplace? How does the OIG handle whistleblower disclosures? It’s important that you not only have a clear picture of what your agency’s OIG does, but also how to work with them. Now you have the chance to learn what you need to know.

Learning takeaways

Attendees will learn how to:

• Recognize the various types, purposes, and qualifications of Inspector Generals.
• Identify the agency information that the OIG has access to, and any limitations it has on that information.
• Determine whether an event or action triggers your responsibility

Session 11

1:30 – 2:45 pm EDT

Handling Behavioral Health Issues in the Federal Workplace

Presented by Shana Palmieri, LCSW, FELTG Instructor

The coronavirus pandemic has thrown the globe into a sudden, unexpected and intense trauma. It’s been particularly difficult for those with mental health impairments. Licensed Clinical Social Worker Shana Palmieri will share guidance to help you improve the performance and success of employees with mental health conditions during this unprecedented era, as well as in less trying times. Note: This class focuses on the practical and clinical side of managing employees with behavioral health conditions, rather than the legal side.

Learning takeaways

Attendees will learn how to:

• Understand how different types of behavioral health conditions may exhibit in the workplace.
• Effectively accommodate employees with behavioral health conditions.
• Set appropriate boundaries and expectations in the workplace.

Session 12

3:15 – 4:30 pm EDT

Case Law Update: EEOC, FLRA, MSPB, and More

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 2.0 CLE ethics credits)

In the world of federal employment law, things can change quickly; there has been more action in the past three years than in the previous 35. Join FELTG Instructor Ann Boehm for a review of the most recent and relevant cases, regulations, studies and reports from the EEOC, FLRA and MSPB, plus information from OPM and the Office of Special Counsel and where things stand with the Executive Orders. 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.

Learning takeaways

Attendees will learn how to:

• Identify the most critical recent decisions from the EEOC and FLRA.
• Explain the status and impact of President Trump’s Executive Orders regarding the federal workplace.
• Understand the current status of the MSPB and how the lack of quorum impacts agency actions and appeals.

Friday, July 31, 2020

Ethics 

Post-session

10:00 am – 12:00 pm EDT

Ethics for the Government Attorney

Presented by Ann Boehm, Attorney at Law, FELTG Instructor

(Earn 2.0 CLE ethics credits)

You have to earn your Ethics CLE credits, so you might as well do it the FELTG way and really learn something. Ms. Boehm, who spent more than 25 years working in employment law at federal agencies, will provide content focused specifically for government attorneys. Ms. Boehm will discuss ethics in relation to defining the client, filings and pleadings, contractors, personal conduct and more. Attendees will have the opportunity to work their way through ethically challenging hypothetical scenarios and to ask questions, and get answers, from someone who has experienced the same challenges you’re facing today.

Pricing

See registration for pricing. Early Bird discounts available until July 15!

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 Main Access or Ethics All Access registration options only. Group discounts are available through July 15.

Download Individual Registration Form

Course Description

In 2018, President Trump issued three executive orders that had a significant impact on federal labor relations. With orders regarding official time, negotiation timeframes, and union responsibilities to pay for things they never had to pay for before, this was the biggest change to rock the world of federal labor relations in years. Three months later, a D.C. District Court Court judge enjoined several parts of the EOs, stating they were illegal. The White House then appealed.. And then the summer of 2019, that District Court ruling was overturned by an Appeals Court. The Executive Orders are no longer enjoined.

Where do things stand today? Join FELTG for FLRA Law Week and we’ll bring you up to speed on what you can, cannot and should do under these EOs.

But that’s not all. Every labor attorney, labor relations specialist, and union representative in government needs to have both a firm foundation in 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 Federal Labor Relations Authority. This training week, updated to reflect the current state of the law, does just that — and with instructors who spent a combined 38 years working at the FLRA, there’s no other federal labor relations training that will give you this type of inside perspective. You won’t want to miss it.

The program runs 9:00 – 4:00 each day, with a break from 12:00-1:00 (all times eastern).

Instructors

Ann Boehm, Joe Schimansky

Daily Agenda

Monday, August 3

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, August 4

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, August 5

Unfair Labor Practices and Negotiability: What happens when the FLRA comes knocking; the anatomy of an Unfair Labor Practice;  the Federal Services Impasse Panel; negotiability appeals.

Thursday, August 6

Redress Alternatives and the Psychology of Bargaining: The interplay among grievances, appeals, MSPB, and EEOC; exceptions to arbitration awards; selecting a bargaining strategy; interest based bargaining as compared to hard ball bargaining,

Friday, August 7

Understanding Arbitration Issues: 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 July 20):

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

Standard Tuition (register July 21-August 7):

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

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 2020, 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 9:00 am – 4:00 pm eastern each day, with a break from 12:00 pm – 1:00 pm., 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.

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

Deborah Hopkins, Meghan Droste, Bob Woods

Daily Agenda

Monday, August 10

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, August 11

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, August 12 

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.

Thursday, August 13

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.

Friday, August 14

Mixed Cases; Damages & Remedies: Course topics: Understanding the world of 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

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 27):

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

Standard Tuition (register July 28 – August 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 July 27 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 July 27.

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

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.

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.

This program fulfills the requirements for 32-hour EEO Investigator training and 8-hour annual EEO investigator refresher training. It also meets the requirements for training under the Department of Interior’s Anti-Harassment Policy.

Instructor

Ann Boehm

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 August 10):

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

Standard Tuition (register August 11 – 28):

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

Download Registration Form

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.

FELTG is here to make federal supervisors’ lives easier by clarifying those 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 a non-performing employee working for you now, we show you how you can remove that employee from your workplace in 31 days, among many other things. Join us for this three-day seminar and come away with the tools you need to hold your employees accountable.

The program runs 8:30 – 4:00 each day and meets OPM’s mandatory training requirements for federal supervisors found at 5 CFR 412.202(b).

Instructors

TBD

Daily Agenda:

Tuesday

Accountability for Conduct and Performance, Part I: Accountability and supervisory authority; discipline and misconduct theory and practice; penalty defense and due process; discipline procedures and appeals; psychology of performance appraisal; performance-based removal procedures.

Wednesday

Accountability for Conduct and Performance, Part II: Completing a performance action; team workshop; handling the absent employee and dealing with attendance issues; medical removals; union considerations; mentorship in the federal government.

Thursday

Defending Against Discrimination Complaints: The Supervisor’s Role: The role of EEO in the federal government; defining protected categories: race, color, national origin, religion, sex, age, disability, genetic information and reprisal; theories of discrimination; agency defenses; what to do if you’re a Responding Management Official in a complaint; what happens if you’re called as an EEO witness.

Pricing

• • Early Bird Tuition (register by August X):
    • 3 days = $1400
    • 2 days = $1000
    • 1 day = $560

    Standard Tuition (register X – X):

    • 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., by Wiley and Hopkins.

Lodging

The hotel has a limited block of rooms reserved for the event at the federal per diem rate. Please contact the hotel directly at (801) 364-5200 and reference FELTG and this event when booking.

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

Instructors

Katherine Atkinson, Meghan Droste

Tuesday

EEO Writing I: The Foundation: Legal writing and citation formats; argumentative approaches; writing from the reader’s perspective; plain language; defining and distinguishing claims, defenses and issues; fixing fragmentation. 

Wednesday

EEO Writing II: Neutral Legal Writing: Educating the reader; Writing Letters of Acceptance/Dismissal; understanding settlement in federal sector EEO cases; parts of a settlement agreement; drafting legally enforceable settlement agreements; mistakes to avoid.

Thursday

EEO Writing III: Persuasive Legal Writing: Identification of material facts and persuasion; analyzing the evidence, organizing the arguments; distinguishing cases; writing Final Agency Decisions; motion practice and summary judgment; writing an effective Motion for Summary Judgment; OFO briefs; EEOC appeals.

Pricing

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

Download Registration Form

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

Ernest Hadley, Meghan Droste, Katherine Atkinson, Donald Names

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

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 August 31):

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

Standard Tuition (register September 1 – September 18):

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

Metro, Parking, Directions

Metro: The International Student House (1825 R Street NW) is located in convenient proximity to the Red Line. Exit Metro at the Dupont Circle station and proceed to the Q Street/North exit. Head north (you will come off the escalator facing north; if you use the elevator take a left after exiting) on Connecticut Avenue to R Street NW (approximately one block). Turn right onto R Street NW. Cross 19th Street NW and the International Student House will be on the left side of the street approximately halfway down the block. If you reach the Bikeshare dock, you’ve gone too far. Approximate walk time: 7-10 minutes.

Parking: Street parking is metered and is limited to two hours, unless you have a Washington, DC, Zone 2 parking pass. The closest parking garage is at 11 Dupont Circle, approximately two blocks from the International Student House (1825 R Street NW). Approximate walk time: 5 -7 minutes.

From the Carlyle Hotel: After exiting the Carlyle Hotel, turn left. At the first intersection, R Street NW, turn right. Proceed approximately one block. The International Student House (1825 R Street NW) will be on your right, just past the Bikeshare dock. Approximate walk time: 4-6 minutes.

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.

Note: FELTG is planning to hold these sessions with limited enrollment, allowing plenty of space for each student, but will keep close watch on the COVID-19 situation and adjust the schedule if necessary.

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 August 31):

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

Standard Tuition (register September 1 – September 18):

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

Download Registration Form

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.

FELTG is here to make federal supervisors’ lives easier by clarifying those 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 a non-performing employee working for you now, we show you how you can remove that employee from your workplace in 31 days, among many other things. Join us for this three-day seminar and come away with the tools you need to hold your employees accountable.

The program runs 8:30 – 4:00 each day and meets OPM’s mandatory training requirements for federal supervisors found at 5 CFR 412.202(b).

Instructors

Deborah Hopkins, Dwight Lewis

Daily Agenda:

Tuesday

Accountability for Conduct and Performance, Part I: Accountability and supervisory authority; discipline and misconduct theory and practice; penalty defense and due process; discipline procedures and appeals; psychology of performance appraisal; performance-based removal procedures.

Wednesday

Accountability for Conduct and Performance, Part II: Completing a performance action; team workshop; handling the absent employee and dealing with attendance issues; medical removals; union considerations; mentorship in the federal government.

Thursday

Defending Against Discrimination Complaints: The Supervisor’s Role: The role of EEO in the federal government; defining protected categories: race, color, national origin, religion, sex, age, disability, genetic information and reprisal; theories of discrimination; agency defenses; what to do if you’re a Responding Management Official in a complaint; what happens if you’re called as an EEO witness.

Pricing

Early Bird Tuition (register by September 3):

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

Standard Tuition (register September 4 – September 19):

• 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., by Wiley and Hopkins.

Lodging

The hotel has a limited block of rooms available at the federal per diem rate. Please use this link directly to make a reservation.

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

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

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

Download Registration Form

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 those really challenging situations. That’s when you realize that there is much more to learn. No worries. FELTG is presenting Advanced Employee Relations, a three-day seminar focused on immersing you in the employee relations training you need most.

Held in Norfolk in September 2020, you’ll receive in-depth training on topics including leave, performance, misconduct, disability accommodation, and more. Plus, hands-on 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.

Great training. Great instructor. Great location. Register now.

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

Instructor

Barbara Haga

Daily Agenda:

Tuesday

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. 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

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. Revised DOD performance system to be implemented in 2016. 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

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 September 8):

• 3 days = $1370
• 2 days = $970
• 1 day = $530

Standard Tuition (register September 9 – September 24):

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

Lodging

The hotel has a limited block of rooms reserved for the event at the federal per diem rate. Please contact the hotel directly at 757-333-3100 and reference FELTG when booking.

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

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 and California. 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 – 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

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 September 14):

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

Standard Tuition (register September 15 – October 2):

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

Metro, Parking, Directions

Metro: The International Student House (1825 R Street NW) is located in convenient proximity to the Red Line. Exit Metro at the Dupont Circle station and proceed to the Q Street/North exit. Head north (you will come off the escalator facing north; if you use the elevator take a left after exiting) on Connecticut Avenue to R Street NW (approximately one block). Turn right onto R Street NW. Cross 19th Street NW and the International Student House will be on the left side of the street approximately halfway down the block. If you reach the Bikeshare dock, you’ve gone too far. Approximate walk time: 7-10 minutes.

Parking: Street parking is metered and is limited to two hours, unless you have a Washington, DC, Zone 2 parking pass. The closest parking garage is at 11 Dupont Circle, approximately two blocks from the International Student House (1825 R Street NW). Approximate walk time: 5 -7 minutes.

From the Carlyle Hotel: After exiting the Carlyle Hotel, turn left. At the first intersection, R Street NW, turn right. Proceed approximately one block. The International Student House (1825 R Street NW) will be on your right, just past the Bikeshare dock. Approximate walk time: 4-6 minutes.

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

Investigating harassment in your agency can be an intimidating assignment, one that is rife with innuendo, conflicting accounts, and raw emotions. Ensuring that your investigation is legally compliant and protects employees, while helping the agency minimize liability, is a taxing task. It’s even more challenging during the COVID-19 pandemic when most investigations must be done virtually.

Together, these three instructor-led live training sessions will provide a solid basis for a successful and effective approach to conducting legally-sufficient harassment investigations that stand up upon third-party review. Peruse MSPB and EEOC cases and you’ll find that poorly conducted investigations are far more common than they should be, and the cost of these investigations to agencies are bigger than you’d expect.

Understand the differences between EEO and non-EEO harassment. Learn the best techniques to conduct an investigation – whether onsite or virtually. Write a report that covers all the crucial information. And much more.

This open enrollment FELTG Virtual Training Institute program Conducting Effective Harassment Investigations offers opportunities to ask questions of FELTG’s experienced instructors, and get answers in real time. Plus, this program fulfills the requirements for 8-hour annual EEO investigator refresher training.

You can register for any of the sessions individually, or you can register for all three. This program runs from 12:30 – 4:00 eastern each day, with a 30-minute break from 2:00 – 2:30 eastern.

Download Individual Registration Form

Tuesday, October 6, 2020

Session 1: Investigating Harassment: Misconduct Principles

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

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

Course Description: An effective harassment investigation begins with a solid foundation of misconduct law in the federal workplace. Attorney and FELTG President Deborah J. Hopkins will explain the principles that underpin a successful investigation of federal employee misconduct, whether it’s on-duty or off-duty. Attendees will learn the five elements of discipline and understand how they relate to the misconduct investigation process. Plus, they’ll learn about evidence standards and burdens of proof in misconduct cases, how Douglas factors play in to an investigation, the importance of nexus, what to do when a witness won’t cooperate, and much more.

Learning Objectives

Attendees will learn how to:

• Identify the relationship between the foundations of federal accountability and misconduct investigations.
• Identify and collect relevant penalty evidence during the investigation.
• Recognize the mistakes that derail effective misconduct and harassment investigations.

Wednesday, October 7, 2020

Session 2: Understanding Harassment and Planning the Investigation

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

Presented by Katherine Atkinson, Attorney at Law, FELTG Instructor

Course description: What is the scope of the investigation? Who should you interview? What documents are you going to need? Preparing your investigative plan is a critical step in developing a legally sufficient investigation. Attorney Katherine Atkinson will explain the proper role of the investigator and how you can avoid the pitfalls of an insufficient investigation with the proper preparation and knowledge. Plus, she’ll answer important questions about representation: Does the witness have the right to a representative? Does the union have a right to attend the interview – even if the witness doesn’t want the union there? What rights does agency management have in the process?

Learning Objectives

Attendees will learn how to:

• Discern the difference between EEO and non-EEO harassment, and the impact that has on the investigations’ legal sufficiency.
• Identify witness rights and management rights.
• Recognize the three basic characteristics of evidence in a harassment investigation.

Thursday, October 8, 2020

Session 3: Conducting the Investigation and Writing the Report

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

Presented by Meghan Droste, Attorney at Law, FELTG Instructor

Course description: Attorney Meghan Droste will share legal principles and proven guidance to navigate this most critical and challenging part of harassment investigations: conducting the interviews and gathering relevant evidence. Attendees will leave the session with techniques for questioning, tools for reading body language, suggestions on how to handle difficult personality types, and tips for writing the fact-finding report (FFR) and report of investigation (ROI). Ms. Droste will also share how technology is changing the investigation process, including a very timely discussion of conducting virtual interviews.

Learning Objectives

Attendees will learn how to:

• Identify the similarities and differences in conducting onsite and virtual interviews.
• Apply logic and judgment to evaluate conflicting statements.
• Write a fulsome report on the findings from the harassment investigation.

Price

• Early Bird Tuition (register by September 25): One Session = $275  |  Two Sessions = $525  |  Full Event = $750
• Standard Tuition (register September 26 – October 8): One Session = $325  |  Two Sessions = $575  |  Full Event = $795
• Rates per registrant. No split registrations permitted.
• Want to register a group? Group discounts are available through September 25. Contact FELTG.
• REGISTER NOW.

Event FAQs

• Can I attend Virtual Training from my government computer?
  • FELTG uses Zoom Webinars (not Zoom Meetings) to broadcast its 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.
• 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 attendees for the full event. Group discounts are only available through September 25.

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

Back by popular demand!

Join FELTG for a weeklong workshop-based seminar focused on practicing effectively and successfully in administrative hearings involving federal employment law: MSPB and EEOC, plus arbitration. Begin by preparing the case when assigned to a team that represents either the agency or the employee, get organized for the hearing, and learn the techniques of effective direct- and cross-examination. Try the case before an Administrative Judge and receive a critique along with the decision. Close out the week with an appreciation for the available appellate procedures.

No other class will better prepare you for a hearing. Space is strictly limited to 16 attendees, so register early.

The program runs 8:30 – 4:30 each day and concludes at 12:00 on Friday. Full week registrations only.

Instructors

Ernest Hadley, Deborah Hopkins

Daily Agenda:

Monday

Developing Your Case: Case theory development (MSPB & EEOC), introduction to administrative hearings and arbitrations, and hearing organization. Workshop: Case Theory Development, What to Prove

Tuesday

Preparing Your Case: Preparing witnesses for direct and cross-examination, dealing with the record and objects, opening and closing arguments, conducting an effective direct examination. Workshop: Admitting Evidence and Making Objections, Direct Examination

Wednesday

Preparing for Hearing: Conducting an effective cross-examination and setting the table at the prehearing conference. Workshop: Cross-Examination

Thursday

Trying Your Case: Your case goes before an MSPB Administrative Judge. Direct and cross examination of witnesses, closing arguments, and critiques from the Judge as well as FELTG’s resident experts

Friday

Rounding Out Your Advocacy Skills: Deposition practice and filing a petition for review. Workshop: Deconstructing and Learning from the Process, Taking and Defending Depositions.

Pricing

Full Week Registrations Only 

Early Bird Tuition: $2975 (register by October 12)

Standard Tuition: $3025 (register October 13-30)

Metro, Parking, Directions

Metro: The International Student House (1825 R Street NW) is located in convenient proximity to the Red Line. Exit Metro at the Dupont Circle station and proceed to the Q Street/North exit. Head north (you will come off the escalator facing north; if you use the elevator take a left after exiting) on Connecticut Avenue to R Street NW (approximately one block). Turn right onto R Street NW. Cross 19th Street NW and the International Student House will be on the left side of the street approximately halfway down the block. If you reach the Bikeshare dock, you’ve gone too far. Approximate walk time: 7-10 minutes.

Parking: Street parking is metered and is limited to two hours, unless you have a Washington, DC, Zone 2 parking pass. The closest parking garage is at 11 Dupont Circle, approximately two blocks from the International Student House (1825 R Street NW). Approximate walk time: 5 -7 minutes.

From the Carlyle Hotel: After exiting the Carlyle Hotel, turn left. At the first intersection, R Street NW, turn right. Proceed approximately one block. The International Student House (1825 R Street NW) will be on your right, just past the Bikeshare dock. Approximate walk time: 4-6 minutes.

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

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, factfinding, 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.

Sessions run from 8:30 – 4:00 each day.

This program fulfills the requirements for 32-hour EEO Investigator training and 8-hour annual EEO investigator refresher training.

Instructors

Ann Boehm, Katherine Atkinson, Meghan Droste

Daily Agenda

Monday

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

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; witness rights; union representation; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation; beginning the interview; exercise.

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; medical information and investigations.

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 November 2):

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

Standard Tuition (register November 3-20):

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

Metro, Parking, Directions

Metro: The International Student House (1825 R Street NW) is located in convenient proximity to the Red Line. Exit Metro at the Dupont Circle station and proceed to the Q Street/North exit. Head north (you will come off the escalator facing north; if you use the elevator take a left after exiting) on Connecticut Avenue to R Street NW (approximately one block). Turn right onto R Street NW. Cross 19th Street NW and the International Student House will be on the left side of the street approximately halfway down the block. If you reach the Bikeshare dock, you’ve gone too far. Approximate walk time: 7-10 minutes.

Parking: Street parking is metered and is limited to two hours, unless you have a Washington, DC, Zone 2 parking pass. The closest parking garage is at 11 Dupont Circle, approximately two blocks from the International Student House (1825 R Street NW). Approximate walk time: 5 -7 minutes.

From the Carlyle Hotel: After exiting the Carlyle Hotel, turn left. At the first intersection, R Street NW, turn right. Proceed approximately one block. The International Student House (1825 R Street NW) will be on your right, just past the Bikeshare dock. Approximate walk time: 4-6 minutes.

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.