An EEOC scheduling order is a formal document issued by an EEOC Administrative Judge that sets out the timeline and deadlines for various stages of the EEOC hearing process. This Order is typically issued just prior to the start of…
Damages in Federal Sector EEO Cases
Damages in Federal Sector EEO cases are specific. Compensatory damages are awarded to compensate an individual for actual losses suffered as a result of discrimination in the workplace. These damages are intended to make the individual whole by reimbursing them…
The Initial Decision
The Initial Decision by a Merit Systems Protection Board (MSPB) judge is a ruling made by a presiding administrative law judge that addresses a complaint or appeal filed by a federal employee or applicant for federal employment. The MSPB is…
Temporal proximity is a legal term used to link events that occurred relatively close to each other. Application of this term predominantly arises in connection with EEO complaints, (post) Reasonable Accommodation claims (reprisal), and whistleblower claims in the federal sector,…
Are Douglas Factors Required?
We often receive calls from prospective clients who believe their due process was violated because the agency failed to conduct a Douglas Factors analysis in connection with a proposed action. Some unions have even advised federal employees that an agency…
The Initial Case Assessment
We often receive inquiries from prospective clients who are involved in some type of administrative personnel litigation and are confused. This confusion typically relates to the unfamiliarity and complexity of certain actions such as a proposed removal or disciplinary action,…
Initial EEO Interview Session
In the federal sector, following initial EEO contact, an initial EEO interview session will be conducted in accordance with law regulation.
An adverse action may assist a federal employee in applying for FERS disability. This is generally referred to as the “Bruner Presumption”.
Returning to the Office
As federal employees begin returning to the office or otherwise contend with instructions to do so, it is important they understand implications for decisions in not returning to the office as instructed.
Pandemic and Post Pandemic Federal Employee Travel
Pandemic and Post Pandemic federal employee travel will be a key area of employment impacted by societal changes resulting from the Pandemic.
Disabled Dependents and FEHB
FEHB and disabled dependents is a topic not usually encountered in the administration of federal employee benefits.
End of year performance awards can be a highly contentious issue. This time of year we receive an incredible number of inquiries from federal employees concerning annual performance appraisals and associated (linked or unlinked) “bonuses”. It should be noted that these…
Mandatory COVID Vaccinations
Mandatory COVID Vaccinations as an emerging condition of employment in federal sector is a hot button issue. Employees have little choice.
Protected Health Information (PHI or Medical Information)
The safeguarding and regulatory compliant handling of Protected Health Information (PHI), also referred to more broadly as medical information, in our opinion, presents one of the most significant risks for federal agencies and managers (particularly with an aging workforce and increased frequency…
Federal Agency Discovery Requests
Employees should understand that just as the affected employee can serve discovery requests upon the agency, the agency can serve discovery requests upon the affected employee.