Do You Really Know How to Use the Douglas Factors?


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It’s been more than 40 years since we were all introduced to those 12 factors identified in the MSPB’s landmark Douglas decision, the most cited case in Federal employment law. But you don’t have to go back to the Reagan Administration to find examples of agencies’ misunderstanding and/or misapplying those factors.

A review of recent decisions by the new MSPB shows a lot of confusion about how to appropriately determine a penalty – and clarity from the Board about their view on Douglas.

Attorney Ann Boehm shares recent case law, highlights how agencies correctly use the Douglas factors and also how they have been misapplied. She answers all your Douglas questions, such as: Do the factors go in the proposal or the decision? What do OPM’s new regs say about the Douglas factors? Considering the VA Accountability Act, does the VA still have to do Douglas factors?

Learning takeaways

Attendees learn how to:

  • Understand the Douglas principles.
  • Explain when and how to use each factor.
  • Avoid the too-common Douglas mistakes that sink your case.




Ann Boehm

Additional information


DVD, USB Drive

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