Litigation & Advocacy

A joke. A threat. A slap. A social media post. These could all possibly lead to viable claims of a hostile work environment harassment. But then again, they may not. Claims of harassment and more specifically, hostile work environment, continue to soar in the Federal workplace, along with confusion about …

“Who wrote this statute? Somebody who takes pleasure in pulling wings off flies?” The process for handling mixed cases has confused and frustrated many EEO practitioners, HR professionals, agency attorneys, and aggrieved employees – not to mention Supreme Court Justice Samuel Alito, author of the aforementioned quote. In this 60-minute …

Let’s face it: EEO is complex. Not only do you have several different laws and the growing caselaw to keep up with, but many areas, such as contractor complaints and mixed cases, are flat out confusing as heck. The increasing reasonable accommodation requests based on religion, disability, and pregnancy and …

Change happens in the world of Federal employee relations, and it often comes quickly. Those who succeed continuously sharpen their MSPB skills and refresh their knowledge. Those who don’t fall behind. FELTG’s MSPB Law Week provides an all-encompassing week of training that offers the most effective guidance and up-to-date information …

Anyone who has worked in Federal labor relations for any amount of time knows it’s an always-changing and ever-challenging field. It’s also about to become more adversarial than ever. Now is the time to make sure you labor relations skills and knowledge are updated.  So why not get that important …

Whether you’re an HR professional, Employee Relations practitioner, EEO specialist, supervisor, or agency counsel, you have undoubtedly faced a leave-related challenge or two. And chances are, you may have struggled with some of the more complicated scenarios. Leave and medical issues create a complex and seemingly burdensome issue, one often …

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 …

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 the unexpected EEO issues?  This in-depth, highly interactive training will give you the necessary tools …

Do you want to take your knowledge and understanding of MSPB law to a new level? Have you let your skills languish while the Board sat empty and quorum-less for several years? Want to confidently address the knotty Federal employment law issues that challenge even the most experienced advisors? FELTG’s …

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. Wednesday, August 27: Developing a Theory In this session, you’ll learn strategies for developing …

Change happens in the world of Federal employee relations, and it often comes quickly. Those who succeed continuously sharpen their MSPB skills and refresh their knowledge. Those who don’t fall behind. FELTG’s MSPB Law Week provides an all-encompassing week of training that offers the most effective guidance and up-to-date information …

Let’s face it: EEO is complex. Not only do you have several different laws and the growing caselaw to keep up with, but many areas, such as contractor complaints and mixed cases, are flat out confusing as heck. The increasing reasonable accommodation requests based on religion, disability, and pregnancy and …

Anyone who has worked in Federal labor relations for any amount of time knows it’s an always-changing and ever-challenging field. It’s also about to become more adversarial than ever. Now is the time to make sure you labor relations skills and knowledge are updated.  So why not get that important …

Whether you’re an HR professional, Employee Relations practitioner, EEO specialist, supervisor, or agency counsel, you have undoubtedly faced a leave-related challenge or two. And chances are, you may have struggled with some of the more complicated scenarios. Leave and medical issues create a complex and seemingly burdensome issue, one often …

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 …

Has your agency received any Pregnant Workers Fairness Act claims? Are you even aware of your responsibilities under the PWFA? Does the act create a new EEO category? How do pregnancy protections under the PWFA differ from those under Title VII or the Americans with Disabilities Act? This training will …

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 …

A surprisingly large number of agency dismissals are overturned by the EEOC each year – and a remand years after the events in question can equal big problems when it comes to the investigation. This class covers all you need to know on when to accept, dismiss, and how to …

A surprisingly large number of agency dismissals are overturned by the EEOC each year – and a remand years after the events in question can equal big problems when it comes to the investigation. This class covers all you need to know on when to accept, dismiss, and how to …

Discovery is an integral part of the litigation process. It is your opportunity to gather the evidence and documents that are critical to your case. If only it were easy. This is, as a FELTG instructor once said, “the heavy lifting portion of litigation.” This two-hour presentation provides you with …

A Final Agency Decision is appealable, by the complainant, to the EEOC. And EEOC case law is filled with reversals of agency FADs that found no discrimination. This class will teach you how to write an effective and defensible FAD, which requires thorough knowledge and understanding of discrimination law, as …

A Final Agency Decision is appealable, by the complainant, to the EEOC. And EEOC case law is filled with reversals of agency FADs that found no discrimination. This class will teach you how to write an effective and defensible FAD, which requires thorough knowledge and understanding of discrimination law, as …

Numerous pitfalls can derail an agency’s disciplinary action, whether it’s suspension, demotion, or removal – and even make a bad situation worse. The most “effective and efficient” approach isn’t always traditional disciplinary action. This two-hour training explains why, how, and when to use numerous alternative actions, including not just clean …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

When faced with a particularly challenging request for a reasonable accommodation, you may want to claim it’s an undue hardship. Don’t. Undue hardship is an important concept in terms of reasonable accommodation, but one that differs depending on whether accommodation is for disability, religious, or pregnancy-related reasons. This class will …

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 …

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 …

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. …

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 …