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Under the Trump administration there has been a concerted effort to make disciplinary actions easier for agencies. Now OPM has been given authority to order the head of an agency to take action against agency employees for misconduct that occurs after being hired. Kevin Owen will explain how the changes can force the removal of an employee over the objection of the employing agency and impact agencies’ ability to take disciplinary action on their own.

Along with learning how we got from the previous OPM pre-appointment suitability determination process to the new post-appointment suitability rules, you’ll gain this attorney’s insights on:

• What is a suitability determination
• The 9 factors and other considerations used in making suitability determinations under current regulations
• Which employee behaviors the new OPM regulation specifically targets for action
• The impact of the changes on whistleblowing and the Trump administration’s desire to “fast-track” removals
• The role the MSPB plays in reviewing suitability actions
• Agencies’ role if OPM makes the determination to move forward with an adverse action
• And more

Q&A time will follow the presentation, so you can ask Mr. Owen your specific questions.

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Meet Your Trainer

Kevin L. Owen is a Partner with Gilbert Employment Law, P.C. and chairs the Adverse Action and Whistleblower Practice Group. He litigates all phases of complaints of employment discrimination and appeals of disciplinary action involving federal employees in administrative forums, primarily the U.S. Merit Systems Protection Board, the Equal Employment Opportunity Commission, the U.S. Office of Special Counsel, and the Federal Circuit Court of Appeals. He has prevailed on many appeals before the MSPB, including appeals involving due process issues violations, complex appeals involving a denial of a security clearance, and constructive suspension appeals related to disability discrimination claims.

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Who Should Attend

• ER practitioners and specialists
• Agency counsel
• LR practitioners and specialists
• HR practitioners and specialists
• Union officials

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Registration Information Main Site (required for Additional Site registrations): $295 per connection
Additional Site for Teleworker: $115 per connection
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The return to in-person work has placed more federal employees in close proximity, creating increased opportunity for friction and claims of harassment. Add the Trump administration's evolving interpretation of EEO law, which appears to encourage more emphasis for some protected bases and less for others, and federal practitioners are left with many questions. Attend this webinar to learn how to best discourage and effectively respond to discriminatory harassment while applying current administration priorities.

Experienced EEO attorney Debra D’Agostino will describe unlawful harassment under different protected bases and the differences between in-person and virtual harassment, with specific examples of both. You’ll also learn how the terms “severe” and “pervasive” relate to stating a claim of discriminatory harassment and how the agency’s liability standard changes depending on whether the harasser is a supervisor or not.

Plus, you’ll leave with best practices to:

• Carry out your agency’s responsibilities to respond to harassment complaints
• Respond to claims of harassment on social media/alternative platforms
• Ensure that your agency's current anti-harassment policy meets EEOC standards
• Direct and respond to complaints of harassment that are not tied to a protected class
• Determine when lawful religious expression may be curtailed
• And more

Ms. D’Agostino will end the webinar with Q&A, so you can get her insights on your specific concerns.

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Meet Your Trainer

Debra D’Agostino, a Founding Partner of the Federal Practice Group and leader of the firm’s federal employment law team, focuses on providing representation to federal employees worldwide in a wide range of matters against federal agencies, including EEO complaints and U.S. Equal Employment Opportunity Commission (EEOC) hearings, U.S. Merit Systems Protection Board (MSPB) appeals, U.S. Office of Special Counsel (OSC) complaints, and replying to proposed adverse actions or disciplinary actions. She has more than 20 years of experience in this complicated area of the law and has obtained successful outcomes for her clients, including findings of liability in discrimination claims and reversals of adverse actions such as removals. Additionally, Ms. D’Agostino has represented clients in appellate matters before the EEOC’s Office of Federal Operations, the MSPB, and the U.S. Court of Appeals for the Federal, Fourth, and D.C. Circuits.

Ms. D’Agostino is a popular presenter of LRP Federal Webinars and is a frequent speaker at LRP’s annual FDR Training^SM attended by federal government employees from agencies nationwide.

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Who Should Attend

• EEO program officials
• EEO specialists
• EEO counselors and investigators
• HR professionals
• Attorneys
• Agency representatives
• ER practitioners and specialists

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Registration Information Main Site (required for Additional Site registrations): $295 per connection
Additional Site for Teleworker: $115 per connection
REGISTER NOW

The Trump administration has stated its intention to maximize religious expression and accommodation for religious practices that conflict with work requirements – a significant change that federal practitioners must understand and be prepared to address.

Experienced EEO attorney Deryn Sumner will detail all you need to know about this evolving landscape, starting with an overview of Title VII’s protections against religious discrimination, including disparate treatment, harassment, and the need to provide religious accommodation. You’ll also find out how undue hardship applies to religious accommodation, supported by recent EEOC case examples.

Along with learning how to factor recent OPM memos on religious accommodation and expression into agency EEO efforts, you’ll gain best practices to:

• Properly respond to religious accommodation requests, including considering telework, flexible schedules, leave options, and shift swapping
• Determine if a requested religious accommodation is an undue hardship under Groff v. U.S. Postal Service
• Evaluate when considerations about coworkers might be relevant to the undue hardship analysis
• Apply recent EEOC decisions addressing religious accommodation to your decision-making
• Determine if permissible religious expression has become unlawful religious harassment
• And more!

And with time for Q&A, you can get this expert’s answers to your specific questions.

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Meet Your Trainer

Deryn Sumner, Esq., is a Partner at Gilbert Employment Law, as well as Co-Chair of the firm's Federal Sector EEOC Practice Group. She focuses her practice on representing federal employees and agencies before the EEOC and has worked on hundreds of cases involving claims of employment discrimination on the basis of disability, race, age, religion, retaliation, and other bases. She also has experience representing employees and agencies in cases of whistleblower retaliation and adverse action challenges before the MSPB. Ms. Sumner is the co-author of several books on federal sector employment law.

Ms. D’Agostino is a popular presenter of LRP Federal Webinars and is a frequent speaker at LRP’s annual FDR Training^SM attended by federal government employees from agencies nationwide.

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Who Should Attend

• EEO program officials
• EEO directors and civil rights practitioners
• EEO specialists
• EEO counselors
• Attorneys
• Agency representatives
• HR professionals

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Registration Information Main Site (required for Additional Site registrations): $295 per connection
Additional Site for Teleworker: $115 per connection
REGISTER NOW