Litigation & Advocacy

Your agency has ordered some employees to return to the physical workplace, and one of them hasn’t shown up for work for three days straight. He hasn’t contacted his supervisor either. Is the best way to discipline the employee to charge him with AWOL?  What if he comes up with …

When a complaint is filed with your agency’s EEO office, it’s possible that something very wrong has happened. Yet, how agency officials respond to that complaint could go a long way toward not only resolving the complaint, but ensuring that you don’t make matters even worse than they are. Too …

Be prepared. Be on time. Be civil. These are fairly basic expectations. Yet, they’re often forgotten once parties enter the EEO process. And once in the process, the potential pitfalls only increase. EEOC Administrative Judge Meghan Droste discusses the common mistakes agencies make, from missing important deadlines to missing the …

The selection and promotion process is an emotional one, especially for those who aren’t selected. If you’re a federal EEO practitioner or supervisor, chances are you’ve had a case where an employee alleges that she was not selected or promoted because of something other than job qualifications – race, sex, …

When faced with a case involving appealable adverse actions, an arbitrator must apply the same substantive standards as the Merit Systems Protection Board. The arbitrator must decide whether discipline was appropriate, and also assess whether the agency considered the relevant factors in determining the penalty. Just like an MSPB judge, the arbitrator …

The EEOC allows parties to file motions for summary judgment, potentially eliminating the need for a time-consuming, expensive, and risky hearing. Yet, many agencies fail to take advantage of this opportunity. During this 60-minute webinar, FELTG Instructor Katherine Atkinson explains the importance of the Report of Investigation and thorough discovery, …

A principal rule in findings of discrimination is to, as nearly as possible, 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 …

If you haven’t played a role in any part of the Federal EEO process, it might seem like an overwhelming mystery. This class explains, in practical terms, everything you need to know to have a fundamental understanding of Federal EEO law and process. Participants will be guided through each step …

If you’re not using the Douglas factor analysis to figure out an appropriate penalty for a misbehaving employee, then you’re doing it wrong. A scan of MSPB cases reveals how regularly Federal supervisors fail to understand these factors, and how that lack of understanding may sink the agency’s case. FELTG will explain …

Most agencies are committed to providing a work environment free of misconduct, including discrimination and harassment. It’s important to investigate misconduct at the earliest possible stage. The goal of this training is to show you how to put corrective action in place before the conduct rises to level of violating …

UnCivil Servant: Holding Employees Accountable for Performance and Conduct has empowered thousands of Federal supervisors and advisers to confidently and effectively address unacceptable performance and misconduct. Now it’s time to take those learned skills to a new level. This interactive, workshop-based training tackles the intersection of performance and conduct issues with other …

Federal employees enjoy a wide variety of leave-related benefits. And sometimes they enjoy a little too much leave. Can you discipline, or even remove, an employee for using too much leave? Or, what do you do if the employee just doesn’t show up for work? Let FELTG take you through …

A reference to dinosaurs, a joke about retirement, or the snide “OK Boomer” – nothing wrong with that if it’s said in fun, right?  Wrong! And if you think those are the only actions that’ll lead to an age discrimination claim, you’re wrong again. In this 60-minute discussion on age …

Selection and promotion processes can be emotional, especially for those who aren’t selected. If you’re a Federal EEO practitioner or supervisor, chances are you’ve had a case where an employee alleges that they were not selected or promoted because of something other than job qualifications. Nonselection cases present agency reps …

This training focuses on a new law that just went into effect in 2023: the Pregnant Workers Fairness Act (PWFA), which requires agencies to provide reasonable accommodations to employees who have medical restrictions related to pregnancy, childbirth, and related conditions. This training will answer the following questions: What are your …

If a contractor files an EEO complaint against your agency, is your agency liable? Don’t say “No” quite so quickly. The Federal sector EEO process is not exclusively limited to civil service employees. In certain cases, contractors under agency supervision can file EEO complaints if the agency is determined to …

Hurry through the Federal hiring process, and not only are you likely to make a mistake in hiring, but you may also end up without sufficient documentation to combat a discrimination complaint. Per Executive Order, your agency should have already taken steps to “advance diversity, equity, inclusion, and accessibility,” and …

When EEO challenges arise, they rarely show up as run-of-the-mill simple scenarios you’ve worked through in a training class. Are you an EEO professional, attorney or advisor eager to learn how to more effectively manage complicated or high-profile EEO issues? This full-day course provides guidance on challenging questions, such as: Can an agency …

Do you want to take your knowledge and understanding of MSPB law to a new level? Want to confidently address the knotty Federal employment law issues that challenge even the most experienced advisors? This in-depth, highly interactive training event, taught by FELTG’s team of top MSPB practitioners and topic authors, …

Did you know that the innocent release of medical information can result in an expensive decision against an agency even if no actual harm was done to the employee? This training will explain how and when to collection medical information without going astray of the Americans with Disabilities Act, the …

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. Choose to bring one or both topics to your agency. Part 1: Writing a Report of Investigation Learn how to organize …

Your heart suddenly beats faster, and your blood pressure rises exponentially. It could be a health issue. Or possibly, you may have heard your name mentioned in connection with “an EEO case.” As the much-repeated saying goes: We fear what we don’t understand. This class aims to lessen the fear …

Litigating cases in Federal sector employment law is a unique prospect and isn’t for the unprepared. In addition, taking a case to arbitration is also a world of its own. This training focuses on providing tips to practice effectively and successfully in administrative hearings before the MSPB, EEOC, and in …

Arbitration in the Federal government is a very different process than in the private sector, and it requires an understanding of not only the collective bargaining agreement, but also the ability to interpret relevant Federal employment laws, regulations, and Executive Orders. Attendees will leave this training with an understanding of …

Negotiability may be the most complex topic in Federal sector labor relations, and an understanding of which topics are negotiable, and which topics are not, is fundamental to determining the legality of your negotiations and contract provisions. This immersion into negotiability will provide attendees a foundational knowledge of negotiability terminology, …

It’s time for negotiations, and it’s critical not only that you know the current law, but that you have the right skills and know how to choose wisely your words and your battles. This training will cover it all — everything from understanding management rights and management maybes to handling …

Whether you’ve been to law school or not, you can always use a refresher on legal writing, especially if you work in the specialized and sometimes arcane-sounding world of Federal sector labor relations. In this interactive class, FELTG’s experienced instructors will help you sharpen your skills and provide you with …

A fundamental rule in findings of discrimination is to, as nearly as possible, place the victim in the position that person would have occupied but for the discrimination. But how? There’s no way to undo the harm caused by illegal employment discrimination. That’s why every EEO practitioner needs to understand the concepts …

Unlike the MSPB, the EEOC allows parties to file motions for summary judgment, potentially eliminating the need for a time-consuming, expensive, and risky hearing. Yet, many agencies fail to take advantage of this opportunity. This training will explain the importance of the Report of Investigation and thorough discovery, the benefits …

Few things create as much confusion among even experienced Federal attorneys, EEO specialists, or HR professionals as mixed cases. FELTG is here to help. This training 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 …

We get it. You don’t want to look like you did something wrong. But here’s the thing: Settling a case does not mean there were flaws in your case, nor is it an admittance of liability or wrongdoing. This training will explain why so many disputes are settled and why …

The Supreme Court upended decades of precedent in its unanimous 2023 decision Groff v. DeJoy. It’s a big change for the concept of undue hardship in religious accommodation, according to some experts – but not not to others. Plus, there’s also an undue hardship standard in disability accommodation cases and …

Discovery is a critical and effective part of any litigation – when conducted properly. Annoying and abusive discovery techniques could have negative consequences, and possibly even lead to sanctions. From disrespect and profanity in depositions to the other party refusing to produce requested documents, it’s important to be prepared for …

There are numerous examples of investigations that have gone awry. It could be an investigator’s failure to interview certain witnesses, a failure to take a complainant’s statement into account, or, perhaps, an action, such as a widely shared email, that shows a lack of objectivity. This course will provide guidance …

Whether you’re representing your agency before the Merit Systems Protection Board or the Equal Employment Opportunity Commission, there is one ultimate goal: Win the case. This interactive course will prepare you for these kinds of hearings. Part 1: Developing a Theory In this session you’ll learn strategies for developing a …

Your heart suddenly beats faster, and your blood pressure rises to a dangerous level. It could be a health issue. Or possibly, you may have heard your name mentioned in connection with “an EEO case.” As the much-repeated saying goes: We fear what we don’t understand. This class aims to …

In the world of Federal employment law, discovery is an integral part of the litigation process. Discovery is your opportunity to obtain the information and documents that are critical to your case. But discovery is fraught with potential mistakes, some of which could lead to sanctions – or even cause …

Learn how to prepare an engaging and effective case, targeted to the appropriate forum: MSPB or EEOC. This class will methodically describe the keys of each step in prepping your case, whether it’s getting witnesses ready, developing the record, objecting to documents, preparing your lines of questioning, or closing statements. …

Letters of acceptance/dismissal. Settlement agreements. Final agency decisions. Motions for summary judgment. Reports of investigation. Let’s face it, your job requires a lot of writing. Yet when was the last time you had training on these important skills? This workshop-based class covers the fundamentals of good legal writing. Through the …

Most Federal agencies settle employment disputes — whether they initiate as grievances, EEO complaints, or as appeals of agency disciplinary actions. While it’s common to assume that settlement means the agency has a flaw in its case, it has no direct tie to liability or admissions of wrongdoing. Often, it’s …

Legal writing in Federal sector employment law is a specialized craft. Attend this one-day training to ensure that your cases are not lost because of poorly or ambiguously written documents. FELTG will help you sharpen the skills you need to produce effective, defensible, and legally sound discipline and performance documents, …

This course is an excellent introduction for those new to the field, as well as those trying to align their actions and policies with the most current case law, regulations, and Executive Orders. Regardless of your skill level or experience, you’ll leave this class with the practical guidance necessary to …

Drafting appropriate charges and choosing a defensible penalty are two crucial parts of the disciplinary process. FELTG is here to make sure you have the tools you need to make the right decision in employee discipline. Course topics include how to structure charges and specifications, identifying alternate charges, charging down and proving …

If you’re confused, uncertain, or even timid about holding employees accountable for misconduct, this is the class for you. We’ll provide a step-by-step process for taking successful and defensible misconduct-based actions, while bringing you up to speed on topics such as charge drafting, penalty defense, assessing evidence, due process, burdens …