Select Training Seminar Below


Registration Rates

4 Days   $1,880
3 Days   $1,470
2 Days   $1,070
1 Day   $640

This training is targeted towards all EEO practitioners, whether they be involved in overseeing civil rights programs at agencies, processing EEO complaints, or representing agencies or employees before the EEOC. This is not a course devoted to the basics. Rather, attendees will touch upon all the hottest issues and areas through a series of modules intended to bring the latest developments and case law to the attendees and to give them what they need to know and bring back to their agencies.

Day 1 – Monday, June 3:

  • Latest Developments in EEO Law: This module will cover and discuss the latest decisions from the EEOC’s Office of Federal Operations that EEO practitioners need to know
  • When Contractors Have EEO Rights: Joint Employer Analysis: This section will cover the factors considered by the EEO in determining when a federal government contractor can file an EEO complaint against a federal agency, including a discussion of recent cases demonstrating a trend towards expanding coverage of contractors as well as the remedies available to contractors who prevail in EEO complaints against agencies
  • Intrusion of Agency Counsel Into EEO Investigations: This module will discuss the requirements set by MD-110, and focused on by the Office of Federal Operations in several 2018 decisions, to create a firewall between EEO complaints processing and defense of these complaints. Don’t be caught unaware of these requirements, including the need for agency counsel not to be substantively involved in EEO investigations, as the EEOC has begun sanctioning agencies not in compliance 
  • Sanctions: The $211,000 Mistake: In the decade since the EEOC ramped up its focus on timely processing of EEO complaints by issuing decisions in the Cox and Royal cases, agencies have increasingly focused on the need to timely issue adequate investigations.  However, this focus needs to continue for all agencies, as the remedies issued by the EEOC when sanctions are found appropriate can be severe.  This module will discuss the latest cases awarding monetary sanctions and best practices to avoid their issuance.  (And yes, that number is based on a real monetary award affirmed in a recent case). This session will also cover when agencies can move for sanctions against complainants who fail to cooperate in the processing of their cases
  • MD-110 and EEOC Guidance: Essentials and Gems: Management Directive 110 and the EEOC’s regulatory guidance contains a wealth of useful information for the EEO practitioner.  This module will discuss the essentials every practitioner needs to know, including some gems you may not have discovered before

Day 2 – Tuesday, June 4:

  • Appropriately Handling Sexual Harassment Claims in the Post-#metoo Era: This module will discuss how agencies should best handle sexual harassment claims, including discussion of how best to implement the recommendations made by the EEOC’s Select Task Force on the Study of Harassment in the Workplace.  
  • Doing The Right Thing: Mitigating Liability With Defenses In Sexual Harassment, Harassment and Disability Cases: Agencies can avoid or reduce liability when things go wrong in the workplace.  This module will discuss the requirements for asserting successful affirmative defenses in harassment cases, including sexual harassment cases, as well as discussion of the good faith defense in reasonable accommodation cases.
  • The Latest Developments in Remedies for the Successful Complainant: Knowing the full scope of potential liability in EEO cases is an essential part of an EEO practitioner’s toolkit. This section will cover the latest developments in all aspects of remedies including back pay, front pay, non-pecuniary and pecuniary compensatory damages, and attorneys’ fees and costs

Day 3 – Wednesday, June 5:

  • Hot Topics in Disability Law: In decisions issued by the EEOC’s Office of Federal Operations, disability cases continue to be the basis with the most findings of discrimination.  This module will cover the most important developments in disability law, including telework as a reasonable accommodation, appropriately addressing concerns that an employee poses a danger in the workplace, and properly requesting and handling confidential medical information 
  • Retaliation Claims: Beyond the Basics: Retaliation claims have different standards of what states a claim, and it can sometimes be easier to demonstrate retaliatory intent by supervisors over other types of discriminatory intent. This module will cover what you need to know about retaliation claims, including the broad standard of coverage in stating claims, per se retaliation claims, and the latest findings by the Office of Federal Operations
  • Not Another Amendment!?: Confronting Additional Claims and Consolidation: This module will cover how to best address amendments to original claims, including those that are raised late in the investigatory timeframe, when consolidations are appropriate, and how to make sure the record contains sufficient information on these newly raised claims 
  • Mixed Cases with Peter Broida: The leading expert on MSPB law, Peter Broida, will walk attendees through the most confusing aspect of federal sector complaints: mixed case complaints and mixed case appeals

Day 4 – Thursday, June 6:

  • Federal Courts of Appeals Decisions (and Why They Matter to You) with Rick Seymour: Although knowledge of OFO cases are key, decisions from U.S. Courts of Appeals set important precedent that you need to know to be an effective EEO practitioner.  Noted attorney and speaker Rick Seymour will walk you through the cases you need to know, as well as providing context as to why they are important to your work
  • Ask the Judges and Ask the Experts: A panel of former and current EEOC Administrative Judges and attorneys who represent both employees and agencies will take your questions on all aspects of the federal sector EEO complaints process, including the EEOC’s Pilot Programs, sanctions, and appropriate advocacy
  • The Great Debate: Observe and participate in an interactive discussion between agency representatives and complainant representatives on the topics that cause the most disagreement and debate, including the appropriate role of agency counsel in EEO investigations, when to grant extensions of time, how aggressive to be in discovery and depositions, and how to frame your side’s case for hearing
*Each day includes a one-hour on-your-own lunch break.

Registration Rates

4 Days   $1,880
2 Days   $1,070
1 Day   $750

Labor law can sometimes seem like a free-for-all. However, this course will cover everything the federal sector practitioner in labor law needs to know, including ULPs, negotiability, arbitrations, exceptions to awards, and access to information, including what each side needs to present its case and how to obtain it.
Day 1 - Monday, June 24

  • Recent Developments in FLRA Case Law & Court of Appeals Decisions
  • Preempting and Preventing Union Grievances: This session will provide federal agencies with ideas to prevent grievances and, ultimately, to enable the agency to defend itself in the event a grievance is filed (including documenting issues, identifying the need to negotiate over changes--such as impact and implementation bargaining, disseminating information to employees, and providing communications in writing to employees)
  • Threshold Issues at Arbitration: Arbitrability/Negotiability
  • Engaging in Discovery Before Arbitration: This session will cover the process for propounding and responding to information requests before arbitration
  • Dispositive Motions in Arbitration (Yes, You Can File Them)
  • Practical Tips for Arbitrating an Unfair Labor Practice Charge: This session will provide practitioners with specific tips to prepare for arbitration, including how to rebut testimony of witnesses whose testimony is unknown
  • Protected Activity Under Section 7102 of the FLRA: This session will explore what constitutes protected activity under Section 7102 of the FLRA, as well as compare these protections with those available to private-sector employees under Section 7 of the NLRA. May want to discuss developing interpretations in light of Allstate Maintenance, 367 NLRB 68 (January 11, 2019), overruling WorldMark by Wyndham, 356 NLRB 765 (2011))

Day 2 - Tuesday, June 25

  • Navigating the FLRA’s E-filing System: This session will guide new users through the process of the FLRA’s E-filing system, launched in 2018
  • Damages And Remedies at Arbitration: This session will cover the relief to which a prevailing party may be entitled at arbitration, and will also discuss the limitations on arbitrators’ awards, including but not limited to those that may be imposed by the CBA
  • Avenues for Pursuing Unfair Labor Practices In the Current Climate: This session will provide a summary of the challenges currently facing parties who wish to file ULPs with the FLRA, as well as strategies to seek relief for these complaints. *Focusing on the fact that the FLRA doesn’t have a General Counsel, options for filing in court, overcoming arguments re: failure to exhaust administrative remedies
  • Challenging An Arbitrator’s Award: Attendees will learn about the procedures for challenging an arbitrator’s decision, including filing exceptions with the FLRA, as well as the bases and standards for reviewing an arbitrator’s award
  • Weingarten, Garrity, and Loudermill Rights: What They Are and Why They Matter: This session will discuss rights available to public sector employees, including bargaining unit-eligible employees. Attendees will learn about each right, including when it is triggered and what it means for questioning, investigating, and disciplining a Union employee
  • The Allen Factors Under Attack: This session will cover recent efforts by the FLRA to change how arbitrators evaluate the attorneys’ fees a prevailing party should recover in the context of federal collective-bargaining
  • The Federal Service Impasses Panel: Attendees will learn about the FSIP, its role in resolving impasses, and how to get the most from it
  • Impact and Implementation bargaining vs. substantive bargaining: What does it mean? When is it triggered?
This course will walk through how ER professionals can provide effective advice to managers without stepping into the role of a decision-maker. The instructors will cover how to prepare a case to withstand scrutiny before the MSPB, how to help managers distinguish between concerns of performance versus conduct, performance improvement plans, charges and penalties, progressive discipline, how to identify similarly situated employees, best practices for providing advice to managers, and negotiating agreements. The course will also cover how to provide ER advice to supervisors on holding employees accountable where the employee has filed an EEO complaint or has a disability.

Day 3 - Wednesday, June 26

  • Case Law Update: What’s new from the Federal Circuit: A review of significant decisions
  • The Fundamentals of Charging Misconduct: The basics and fundamentals, the rules, the pitfalls & the five keys to not stepping in them
  • Drafting the Proposal and the Decision Notices: Using Advanced Power Charging Techniques: Picking the correct charge, drafting the charge and matching the specification; getting the biggest bang for the buck
  • Penalty Law and How to Sell the Penalty: From working with deciding officials to selling the judge: Drafting the notices, noticing and discussing aggravators, working with deciding officials, and the key Q&As for direct and cross on penalty

Day 4 - Thursday, June 27

  • Affirmative Defenses & Harmful Procedural Error: Dealing with due process challenges in the wake of Boss; affirmative defenses of disability and discrimination under Savage and related Board decisions
  • Mastering Chapter 43 Unsatisfactory Performance Actions: Gain a command of all the nuances: From performance standards, PIPs, 43 process and procedures versus 75 process and procedures
  • What’s New in Whistleblower Protection Law & Election of Remedies: Election of remedies; Kirkpatrick Whistleblower Protection Act of 2017 (targeting managers for retaliating against federal whistleblowers); Whistleblower Protection Enhancement Act of 2017
  • Panel: Pulling it All Together at the Board: The Nuances, the Realities: The nuances and realities of MSPB pre-hearing and hearing practices
*Each day includes a one-hour on-your-own lunch break.

Registering by SF182
Training Requisition:

To register using SF182 Training Requisitions please submit your completed registration with your official SF182 Form via email (conferences@lrp.com), fax (561-622-2423) or mail (LRP Publications, 360 Hiatt Drive, Dept. 150F, Palm Beach Gardens, FL 33418).

Please call toll-free 1-800-727-1227.

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Please notify LRP Publications in writing at conferences@lrp.com as soon as possible if you are unable to attend. Cancellations received more than 3 days prior to the event will receive a refund minus an administrative fee of $250. If you prefer, you may substitute an upcoming training seminar of equal or lesser value for the one you originally registered for and we will waive the $250 administrative fee. Cancellations received less than 3 days prior to the event will not be refunded. Unpaid cancellations will be billed for the appropriate fee. No-show registrations will not be refunded. Please email any requests for refunds or substitutions to conferences@lrp.com. LRP reserves the right to cancel the training due to lack of registrations. In case of training cancellation, LRP's liability is limited to the refund of the registration fee only. LRP reserves the right to alter this program without notice. Payment must be received prior to the event.

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