Litigation & Advocacy

Any effective misconduct investigation starts with a solid foundation of the law and an understanding of the full scope of your investigation. This class explains the principles that underpin a successful investigation of Federal employee misconduct, including harassment.  You’ll leave with guidance on developing the investigation, from creating a plan …

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 …

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, …

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 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, …

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 …

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 …

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 …

Each presidential administration brings its own priorities and policies to the White House, but the speed with which the Trump Administration has issued Executive Orders regarding the Federal workplace is unprecedented. In this 60-minute review, FELTG President Deborah J. Hopkins provides up to-minute guidance on what several new Federal workplace-related …

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 …

President Trump recently reinstated the policies outlined in his 2018 Executive Order 13839: Promoting Accountability and Streamlining Removal Procedures Consistent With Merit System Principles — and you are now on the clock. Agencies have until March 7 (yes, March 7, 2025) to report to OPM all policies that have been …

An employee does not follow an order. Seems like an open-and-shut case of insubordination, right? Think again. Was it a refusal or simply a failure to comply? When you charge an employee with insubordination, you must prove intent along with the other elements of the charge. This class explains what …

The administration has highlighted that agencies should swiftly and properly deal with employees who engage in misconduct. In many cases, progressive discipline is a win-win for agencies. It’s a valuable tool to (hopefully) correct an employee’s misconduct. But, if it doesn’t have its intended effect, it gives the agency a …

If an employee tells you they have a disability and need reasonable accommodation, do you know what to do? The Americans with Disabilities Act, the Amendments Act, and the Rehabilitation Act provide the legal requirements, but what does the accommodation process look like in an actual workplace? This course provides …

If a Federal employee is required to have access to classified information, then the employee must be eligible for a security clearance in order to keep that position. What happens when the employee no longer has that clearance? This class will detail how to handle a security clearance suspension, revocation …

“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 …

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 …

Drafting appropriate disciplinary charges is a crucial part of the disciplinary process, and if not handled correctly, can cause an agency to lose its case. Words matter in drafting charges, and FELTG is here to make sure you have the tools you need to make the right decisions in framing …

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 …

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 …

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 …

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 …

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. …

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 …

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, …

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- or multi- course provides guidance on challenging questions, such as: Can …

This training focuses on a law that 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 medical conditions. This training will answer the following questions: What are your responsibilities …

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 …

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 …

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 …

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 …

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 …