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New MSPB’s Hidden Gems: Best Practices & Pitfalls From Non-Precedential Decisions
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From Accommodation to Inclusion: Legal Issues of Managing Federal Employees With Mental Disabilities
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Even though the MSPB’s non-precedential decisions are not controlling case law, they contain a lot of valuable teaching points and signal how the board will likely rule in the future.
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Properly handling issues related to employees’ mental disabilities is a perennial challenge for agencies.
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Properly Framing Charges Under the New MSPB
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Drafting Defensible Proposal and Decision Letters: Dos and Don’ts Under the New MSPB
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It's very difficult to correct charge framing mistakes after the fact, so getting the charges right is the first step to making an adverse action hold up on appeal.
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Proposal and decision letters have always been ripe with pitfalls and potential due process violations. And because the MSPB isn’t as “employee friendly” as many predicted, it’s critical to understand the Board’s thinking.
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Getting Reasonable Accommodation of Disabilities Right for Federal Remote, In-Person and Hybrid Work
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Adverse Actions for Poor Performance: Choosing Your Agency’s Best Path
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With high numbers of federal employees seeking reasonable accommodation for today’s varied work environments and the EEOC’s increasing findings of disability discrimination based on agency missteps, get essential training to ensure your agency’s processing of reasonable accommodation requests is timely and compliant with EEOC case law.
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When taking a performance-based action under Chapter 43, you must provide an opportunity for the employee to improve. Under Chapter 75 you can expedite the discipline, but a higher standard of proof applies.
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Religious Accommodation in the Federal Workplace: Answering Your Agency’s Tough Questions
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Your Agency’s DEIA Strategic Plan: Addressing Trouble Spots for Continuous Program Improvement
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Religious accommodations are some of the most complex, and potentially sensitive, situations that federal practitioners have to address.
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Now that your agency’s initial Diversity, Equity, Inclusion, & Accessibility Strategic Plan has been submitted, you have to assess its progress and make needed changes for the next plan due in March 2023.
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Excessive Absences in Today's Federal Workforce: Tips for Preparing Cases
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Precedential Decisions Under the New MSPB: Changing Your Agency’s Douglas Factors Analysis
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When employees abuse leave, your agency can – and should – address the situation swiftly.
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In June 2022, the newly reconstituted MSPB overruled over a decade’s worth of cases on how the Douglas factor involving comparator employees has been interpreted.
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Navigating the Probationary Period for Long-Term Employee and Agency Success
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From the Bench: Tips for Preparing and Trying Cases at the MSPB
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Probationary employees are still applicants for the position, and it's up to the agency to take advantage of the probationary period to determine whether the individual is a good fit.
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When it comes to succeeding at the MSPB trial level, the effort that HR staff and agency attorneys put into preparing the case usually makes the difference between winning and losing.
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Virtual Harassment in the Federal Workplace: How It Occurs and Ways to Address It
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From Performance to Conduct: Handling Employee Issues in a Hybrid Federal Workforce
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The increased use of Zoom, Teams, instant messaging and even emojis has provided harassers with expanded platforms for intimidation.
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With the dramatic increase in telework and remote work, agencies must be able to manage performance "equitably and effectively" regardless of whether employees are in office or not.
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Mental Disabilities in the Federal Workplace: Compliance Guidance for DEIA, the Pandemic and Beyond
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Federal Employee Medical Information: Addressing Challenges From COVID-19 and Beyond
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Accommodating employees with mental disabilities while meeting Rehabilitation Act mandates is challenging enough.
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Get guidance on complying with the law while facing today's novel employee situations.
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LGBTQ+ Inclusion in the Federal Workplace: Complying With Biden Administration Policies
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Federal Workplace Reentry: Addressing New and Continuing Pandemic-Related Challenges
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With the Supreme Court's Bostock decision and President Biden's Executive Orders 13985 and 14035, your agency is expected to protect and include LGBTQ+ employees in new ways.
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As we move through 2022, your agency will continue to face problems related to the reconstituted federal workplace and lingering pandemic issues.
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From COVID-19 to Civil Rights: Addressing Religious Accommodation and Expression in the Federal
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COVID-19 Vaccination Refusals: Handling Federal Employee Disciplinary Actions
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Gain expert insights on the law and guidance surrounding religious expression and religious accommodation in the federal workplace, focusing on accommodation related to vaccines and masking, and the balancing of First Amendment religious expression rights with the civil rights of others.
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President Biden's Executive Order 14043 requires your agency to ensure your workforce is fully vaccinated against COVID-19 by November 22, 2021.
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