EEO Training Courses
The realm of Equal Employment Opportunity is as vast and diverse as the people it represents. FELTG offers onsite programs to train EEO attorneys, practitioners and supervisors on the strategies, principles, and authorities relative to federal sector discrimination law. These courses can be modified to meet the legal requirements of executive and legislative branch agencies.
EEO-1: Fundamentals of Federal EEO: Nuts & Bolts (1 day)
If you haven’t played a role in any part of the federal EEO process, it likely seems a mystery. This one-day class spells out everything you need to know to have a fundamental understanding of federal EEO. We’ll guide you through each step of the process, from pre-complaint counseling to formal complaints to EEOC Hearings, and you’ll leave class with a thorough understanding of the various types of workplace discrimination.
Course Topics: Statutory authority and jurisdiction of EEOC; theories of discrimination; overview of the EEO process; amended and consolidated complaints; timeliness issues.
EEO-2: Reasonable Accommodation under the ADA and Rehabilitation Act: What You Need to Know (1-3 days)
How do you determine if an employee is disabled? What does qualified individual mean? What exactly is the interactive process? This course will provide answers to those questions, and then dive into some of the most perplexing reasonable accommodation challenges, including requests to telework, leave as accommodation, who chooses the accommodation, invisible disabilities, and more.
Course Topics: The Rehabilitation Act and the Americans with Disabilities Act Amendments Act; Genetic Information Nondiscrimination Act (GINA) regulations; defining an individual with a disability; major life activities and substantial limitations; essential job functions; the interactive process; types of reasonable accommodation; telework as reasonable accommodation.
EEO-3: Understanding Sexual Harassment and other Hostile Environment Claims (1/2 – 1 day)
The #MeToo movement has brought about a greater understanding of the impact of this reprehensible harassing behavior, as well as the importance of taking action rather than ignoring it. Join us for this half- or full-day session as we explain – in clear terms – the law on sexual harassment and other hostile environment claims in federal agencies. Learn when your agency could be considered liable, what you can and should be doing to prevent it, and what is required for corrective action to be prompt and effective.
Course Topics: The elements of a claim; unwelcome conduct that leads to hostile environment claims; severe or pervasive standard; tangible employment actions; the EEO process; mitigating agency liability; taking corrective action; disciplining the offender.
EEO-4: Medical Exams & Inquiries under the ADA & GINA (1 day)
Did you know that the innocent release of medical information can result in an expensive decision against an agency even if no harm was done to the employee? Understanding how the Americans with Disabilities Act, the Amendments Act, and the Genetic Information Nondiscrimination Act impact the collection of medical information is important. This full-day training will explain when pre- and post-employment exams and inquiries are permitted; who should – and should not be – be collecting and managing medical information, and much more.
Course Topics: Collection of employee medical information; conditional offers of employment; medical documentation requests for reasonable accommodation; direct threat and other medical conditions; the “regarded as” provision of the ADA.
EEO-5: Compensatory Damages & Other Remedies in EEO (1 day)
A principle rule in findings of discrimination is to place the victim in the position that person would have occupied but for the discrimination. This is easier said than done, because there’s no way to undo the harm caused by illegal employment discrimination. Even still, damages and remedies is a topic that every EEO practitioner needs to understand, whether they’re preparing for hearing or negotiating a settlement.
Course Topics: Equitable remedies: back pay, front pay, reinstatement; nonpecuniary 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.
EEO-6: Writing Reports of Investigation and Final Agency Decisions (2 days)
This workshop-based program will provide you with the skills and confidence to be more effective in writing reports of investigation and final agency decisions that will withstand third-party scrutiny. Learn how to organize your report and write for your audience and use accepted reporting style and legal writing conventions to ensure your ROI or FAD is clear, effective, and legally sound.
Course Topics: Statutory jurisdiction; EEO complaint process; theories of discrimination; dismissing EEO Complaints; accepting and identifying claims; legal sufficiency; the mechanics of drafting a FAD.
EEO-7: Conducting EEO Investigations (1-5 days)
If your agency decides not to dismiss a complaint, you will then have 180 days to do a thorough investigation of that complaint. What are you required to do? How do you ensure that you complete an effective investigation? And what does the end of the investigation look like? We can do a comprehensive deep dive into the process over four days, or we can provide focused training on topics such as interview techniques or writing the investigative report.
Course Topics: EEOC statutory authority; EEO claims and elements of EEO cases; agency defenses and liability; interview techniques and skills; types of witnesses; writing the investigative report.
Note: The 4- and 5-day classes meet the 32-hour training requirement for EEO Investigators.
EEO-8: EEO Counselor Refresher Training (1 day)
As an EEO counselor, you are required by the EEOC to take an 8-hour annual refresher course. Don’t take training just to check the box. Use this opportunity to refine your counseling skills and improve your EEO knowledge. In FELTG’s refresher training, experienced instructors will cover the content required by the EEOC and share with you the most critical recent case law, regulations, and other legal developments.
Course Topics: May include theories of discrimination; relevant case law; the counseling processes; reasonable accommodation; writing effective reports; current trends in EEO law.
EEO-9: EEO Investigator Refresher Training (1 day)
As an EEO investigator, you are required by the EEOC to take an 8-hour annual refresher course. Don’t take training just to check the box. Use this opportunity to refine your investigatory skills and improve your EEO knowledge. In FELTG’s refresher training, experienced instructors will cover the content required by the EEOC and share with you the most critical recent case law.
Course Topics: Topics may include theories of discrimination; relevant case law; the investigation process; interviewing difficult witnesses; types of questioning; understanding evidence; writing effective reports; current trends in EEO law.
EEO-10: EEO Counselor/Investigator Initial Training (up to 5 days)
FELTG’s five-day initial counselor and investigator training provides the mandatory 32-hour initial training for new counselors and investigators required by EEOC, and much more. Our experienced instructors will explain EEO law in easy-to-understand terms and help you develop the skills necessary to be an effective counselor or investigator.
Course Topics for Counselors: Course Topics: Introduction to EEO Counseling; EEO Counselor approach; qualifications of a good EEO Counselor; purpose of EEO Counseling; duties of an EEO Counselor; the Counselor’s role when ADR is elected; interviewing the Counselee; Interviewing the RMO; theories of discrimination; the federal EEO complaint process; writing the EEO Counselor’s Report.
Course Topics for Investigators: Understanding the EEO process and timelines; theories of discrimination; qualifications of a good EEO Counselor; purpose of the EEO investigation; duties of an EEO Investigator; interviewing witnesses; Interviewing the RMO; employee rights to representation; writing the Report of Investigation.
Upcoming EEO Training Events
Note: In the event COVID-19 makes it unsafe to hold this class in person, the program will be held virtually. Registration MUST be received by July 5 in order to guarantee a seat.
The pandemic has become endemic, and many employees are returning physically to the office as a new form of hybrid workplace takes root in many agencies. It’s as imperative as ever that your employees are doing the work they are assigned to do and following all workplace rules, regardless of where they are physically located. Unfortunately, Federal supervisors continue to struggle when it comes to holding employees accountable for performance and conduct in the new hybrid environment.
It doesn’t have to be that way.
FELTG is here to make federal supervisors’ and advisers’ lives easier by clarifying common misconceptions. For example: 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. (Spoiler alert: This is not true).
More importantly, FELTG’s Developing & Defending Discipline: Holding Federal Employees Accountable teaches supervisors 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 adviser throughout the EEO process.
This training will include the most up-to-date guidance based on President Biden’s Federal workplace Executive Orders and OPM regulations, as well as all of the lessons learned over the pandemic, plus practical tips from new MSPB case law.
And … this training will mark the return of FELTG to in-person open enrollment training.
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 8:30 – 4:00 each day and meets OPM’s mandatory training requirements for federal supervisors found at 5 CFR 412.202(b). CDC and local COVID-19 safety protocols will be observed.
Enrollment is limited to ensure a little extra space per attendee, so register soon.
Tuesday, July 12, 2022
Session 1: Accountability for Conduct and Performance, Part I
Presented by Deborah Hopkins, Attorney at Law, FELTG President
Course Description: This program begins with a discussion on the foundations of accountability and supervisory authority in the federal government. After learning to identify the differences between performance and conduct issues, the seminar will shift the focus to discipline and misconduct theory and practice. From emphasizing the five elements of misconduct, to explaining how an agency can defend its penalty and provide the employee with due process, to a discussion on discipline procedures and appeals, the attendee will receive a thorough education on properly – and legally – handling employee misconduct issues in the federal workplace.
- Understand the differences between employee performance and misconduct issues
- Identify the five elements that must be present in every discipline case
- Recognize the supervisor’s and advisor’s roles in disciplinary procedures and appeals
Wednesday, July 13, 2022
Session 2: Accountability for Conduct and Performance, Part II
Presented by Deborah Hopkins, Attorney at Law, FELTG President
Course Description: This session begins with a focus on one of the most misunderstood areas of accountability: poor performance. The conversation includes the requirements to document and justify the decision to put an employee on a performance demonstration period, implementing 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 telework issues.
- Understand the legally-required procedures to hold an employee accountable for poor performance
- Identify and implement the procedures to deal with leave abuse
- Learn how to handle performance and conduct challenges for employees that telework
Thursday, July 14, 2022
Session 3: Defending Against Discrimination Complaints: The Supervisor’s Role in EEO
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!
- 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
Early Bird Tuition (register by June 28):
- 3 days = $1495
- 2 days = $1020
- 1 day = $560
Standard Tuition (register June 29-July 14):
- 3 days = $1595
- 2 days = $1120
- 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.
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 travel time on foot, by wheelchair or scooter: 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 travel time on foot, by wheelchair or scooter: 5 -7 minutes.
From the Lyle Hotel: After exiting the Lyle 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 travel time on foot, by wheelchair or scooter: 4-6 minutes.
If you thought President Biden’s Executive Orders to advance racial equity throughout the Federal government and strengthen discrimination protections were just feel-good statements, think again.
You should have already completed your DEIA strategic plan. You’ll now need to file annual DEIA reports to the White House. Those reports should reveal the depth and breadth of your efforts to advance diversity, equity, inclusion and accessibility throughout your agency.
This issue is NOT going away. Employees, regardless of race, color, religion, gender identity or sexual orientation, will not feel respected and empowered unless the agency addresses unconscious bias and microaggressions in the workplace.
What is a microaggression? During this two-hour virtual training, FELTG Instructor Katherine Atkinson, attorney at law, will explain what microaggressions look like it in their various forms — microinsults, microassaults, and microinvalidations.
Whether intentional or not, microaggressions can be very hurtful to the employees who experience them, and such behaviors indicating implicit bias can lead to discrimination. They are warning signs of a potential hostile workplace. And they put a serious dent in employee morale and productivity.
Ms. Atkinson will also share an implicit bias test, explain its impact, and provide examples. She’ll provide a quick review of EEO law so you can determine when bias or microaggression leads to the level of discrimination.
Attendees will learn how to:
- Identify acts of microaggression and acts influenced by implicit bias.
- Recognize and define harassment.
- Respond appropriately and effectively when you see a microaggression in the workplace.
This program meets the President’s mandate to provide training on diversity, equity, inclusion and accessibility in the Federal workplace.
Class will be held from 1:00-3:00 PM eastern.
- Early Bird Tuition: $295 (register by July 5)
- Standard Tuition: $325 (register July 6-13)
- Rates per registrant.
- Can I attend Virtual Training from my government computer?
- FELTG uses Zoom for this Virtual Training Institute event. Many government computers and systems allow Zoom access. If for some reason your firewall will not allow access, you’re welcome to use your personal email address to register, and to attend the sessions from your personal device. You may also attend the training event as an audio training, by dialing in over the phone and following along with the materials independently.
- Can I earn CLE credits for this class?
- CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, attendees may use the materials provided by FELTG in submission to your state bar. Attendees may also request a certificate of completion which will contain the number of training hours attended.
- Can I share my access link with co-workers?
- No. Registration for this event is per individual, and access links may not be shared. Each link may only be used by one person.
- Can I register a teleworker?
- This event is individual registration, so the cost is the same whether the person is teleworking or in an agency facility.
- How do I receive a group rate discount?
- Group rates are available for agencies registering 10 or more individuals. Group discounts are available until July 5.
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.