august 10 - 13, 2020 · 10:15 - 10:45 a.m. refreshment break in exhibit hall 10:45 a.m. - 12 p.m....

AUGUST 10 - 13, 2020SHERATON PHOENIX DOWNTOWN

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The most-trusted federal training event with the highest quality and

quantity of sessions covering:

ADREEO

Employee RelationsHuman Resources

Labor Relations

Start planning your training schedule with 60+ workshops and sessions to choose from

www.FDRtraining.com • 1-800-727-1227

REGISTER NOW

and get the sought-after Workshops Day — a $725 value — included in your

Premium Pass for just $99 more than a Basic Pass.

Get funding & attendance approved quickly and easily with the FDR customizable email/letter template. Visit www.FDRtraining.com

FDR 2020 is must-attend training for:

• EEO Counselors, Investigators & Specialists

• HR & Personnel Practitioners

• Civil Rights Officers

• Employee Relations Specialists

• Labor Relations Specialists

• ADR Practitioners & Mediators

• Attorneys & General Counsel

• Union Representatives

• Disability Program Managers

EARN CLEs

www.FDRtraining.com | REGISTER NOW and the Aug. 10 Workshops are included in your Premium Pass for only $99 — a $725.00 value! 2

Today’s federal workforce challenges are complex and require practitioners

to collaborate across departments to break through cultural and systemic

barriers. At FDR Training, you’ll discover how to overcome these barriers

to effectively resolve conflict, improve complaint processing and cultivate

a 21st century workforce. In addition to providing the latest case law

developments and access to key agency leaders, FDR sessions will help

practitioners comply with the Trump administration’s civil service Executive

Orders, deal with complex leave and discipline issues, and cope with a

rapidly changing workplace.

Favorite trainers — including Peter Broida, Barbara Haga, Robert Erbe,

and more — will be ready to answer your questions. And you don’t want to

miss Paralympic silver medalist John Register, who will share his inspiring

story and show you how to overcome obstacles that stand in your path to

success!

Sessions will also help you prepare for paid parental leave, proactively

address harassment and discrimination, become an “HR superhero,” and

effectively hire and accommodate people with disabilities. Program updates

always reflect the latest changes in laws, regulations, and administration

priorities to guarantee that FDR provides you with high-quality and timely

training to help you break through professional and personal barriers —

NOW and in the future.

The FDR Advisory BoardThe FDR Advisory Board

What you’ll experience at FDR 2020:

• 14 Workshops and 50+ Sessions exploring EEO, HR, LR, ER, ADR and other hot topics

• Town Hall Conversations, where you’ll be able to get your questions answered by leaders from the EEOC, FLRA, FMCS, MSPB, OPM, and OSC

• Advanced sessions for Legal professionals, where attorneys can hear directly from MSPB and EEOC administrative judges

• Ask the Experts sessions where you can have your biggest workplace dilemmas addressed by authorities in federal employment law

• The opportunity to complete your required annual EEO refresher training as a counselor or investigator

• Direct, active training to effectively use the most comprehensive online resource for federal civil service law professionals during cyberFEDS® Users Group sessions

• The unparalleled opportunity to discuss solutions to shared challenges with peers from other agencies

• And much more!

Opening PlenaryIgniting FDR! Breaking Through Barriers

Tinisha AgramonteDirector, Office of Civil Rights, U.S. Department of Commerce

Justin HaleMaster Trainer, VitalSmarts

Ryan Sallans Author, Publisher, Consultant

Tuesday, Aug. 11 | 8:30 - 9:45 a.m.Barriers to success can come in all shapes and forms — some we can see, and others are invisible or are not spoken of. In a dynamic series of 20-minute stand-up talks, our three presenters will use their diverse experiences to tell you about the significant barriers they faced and share their individual strategies for breaking through to success.

Luncheon Plenary Hurdling Adversity and Creating a New Normal

John Register Paralympic Silver Medalist, International Keynote and TEDx Speaker

Wednesday, Aug. 12 | 12 - 1:30 p.m.Have you been faced with a challenge that seemed insurmountable? Have you struggled to “get back to normal” after a significant setback or trauma? College athlete and Army veteran John Register was in that situation when his left leg was amputated after a life-altering sports accident. Yet just six years later, John won a silver medal at the Paralympics, and went on to become a thought leader on resiliency and sports. John will share four techniques you can use to overcome your life’s barriers and create a fulfilling “new normal.”

Federal EEO & Civil Rights Council ReceptionWednesday, Aug. 12 | 5 p.m.The Federal EEO & Civil Rights Council has provided support and advocacy for the EEO and Diversity community since 1993. We cordially invite FDR attendees to a reception on Wednesday, Aug. 12 at 5 p.m. Please RSVP to [email protected] by Aug. 3, 2020.

Luncheon Sponsored by

Connect with colleagues, federal employment experts, and top product and service providers for the federal government. FDR’s Exhibit Hall is your chance to get answers to all your questions on the latest tools and resources — straight from the company representatives who know them inside and out!

Exhibit Hall

To view a list of exhibitors and Exhibit Hall hours, visit www.FDRtraining.com/expo


FDR Highlights

Monday, August 107:30 - 8:30 a.m. Continental Breakfast

8:30 a.m. - 12 p.m.

ADR-P1 Conflict Coaching: A Highly Effective ADR Technique

ATY-P2 EEOC Mock Hearing

CF-P3 cyber FEDS® Tips and Tools for Faster, Better Answers

EEO-P4-I Addressing Psychiatric and Cognitive Disabilities in the Workplace — Part I

HR-P5 Resignations and Retirements: What Practitioners Need to Know

LR/ER-P6 Federal Labor Relations Authority Nuts & Bolts

8:30 a.m. - 5 p.m. EEO-P7 Putting Your Best Foot Forward: EEO Counselor and Investigator Refresher Training

10 - 10:30 a.m. Refreshment Break

12 - 1:30 p.m. Lunch on your own

1:30 - 5 p.m.

ADR-P8 Intentional Negotiations: A Methodical, Collaborative Negotiation Style in a Proposal Framework

ATY-P9 MSPB Mock Hearing

CF-P11 Working Through Reasonable Accommodation Challenges With cyber FEDS®

EEO-P4-II Addressing Psychiatric and Cognitive Disabilities in the Workplace — Part II

EEO-P12 Barrier Analysis Under MD-715: A Practical Approach

HR-P10 FERS and Social Security: Securing Your Financial Future

LR/ER-P13 FMLA: From Problem Areas to Paid Parental Leave

3 - 3:45 p.m. Refreshment Break in Exhibit Hall

Tuesday, August 117:30 - 8:30 a.m. Continental Breakfast in Exhibit Hall

8:30 - 9:45 a.m.Opening Plenary

Igniting FDR! Breaking Through Barriers

9:45 - 10:45 a.m. Refreshment Break in Exhibit Hall

10:45 a.m. - 12 p.m.

ADR1 Curbing Conflict Avoidance

ATY1 Effective Replies to Adverse Actions and the Added Value of Agency Counsel

CF1 Hidden Gems of cyber FEDS®

EEO1 Best Practices for Your EEO Office — Going From Good to Great

EEO2 Pregnancy Discrimination and Accommodation, Family Leave, and Lactation Rights

HR1 Be an HR Superhero: Rescue Managers From Common Hiring-Related Prohibited Personnel Practices

LR/ER1 Avoiding Litigation While Ensuring Integrity of Personnel Files

12 - 1:30 p.m. Lunch on your own

1:30 - 2:45 p.m.

ADR2 How to Build ADR Programs for Non-EEO Matters

AE1 Is It Really Harassment?

ATY2 The Role of Agency Counsel in EEO Counseling and Investigations

CF2 Judge Vitaris' ER Desk Reference Q&A With cyber FEDS®

EEO3 Sexual Orientation, Gender Identity, and LGBTQ Inclusion in the Workplace

EEO4 When Mixed and Unmixed Cases Collide: Best Practices for Processing Success

HR2 First Generation Professionals: Breaking Through Barriers

LR/ER2 Effective Grievance Handling

2:45 - 3:30 p.m. Refreshment Break in Exhibit Hall

3:30 - 4:45 p.m.

ADR3 Radical Inclusion

AE2 EEO Complaint Handling Challenges

ATY3 EEO Case Law Update

ATY4 Arbitration of a Disciplinary Case

CF3 Animal Accommodations: You Have the Tools You Need With cyber FEDS®

EEO5 Leave and Telework as Reasonable Accommodations

HR3 Preparing for Paid Parental Leave

LR/ER3 Documenting the Douglas Factors: When, Why, and How


Agenda At-a-Glance (See workshop and session details on pages 6 - 18)

Agenda At-a-Glance

Wednesday, August 127 - 8 a.m. Continental Breakfast in Exhibit Hall

8 - 9 a.m.THC1 A Conversation With the FLRA

THC2 A Conversation With the Special Counsel

9:15 - 10:15 a.m.THC3 A Conversation With the MSPB

THC4 A Conversation With OPM

10:15 - 10:45 a.m. Refreshment Break in Exhibit Hall

10:45 a.m. - 12 p.m.

ADR4 Breaking Through Impasse: Reaching a Constructive Solution to Conflict

ATY5 Settlements After Executive Order 13839

CF4 Become a cyber FEDS® Search GuruEEO3-R Sexual Orientation, Gender Identity, and LGBTQ Inclusion in the Workplace [Repeat]EEO6-I Combatting Harassment Through Personal Narratives — Part I

HR4 Sick Leave Trouble Spots

LR/ER4 Winning Strategies in Collective Bargaining

12 - 1:30 p.m.Luncheon Plenary

Hurdling Adversity and Creating a New NormalJohn Register, Paralympic Silver Medalist, International Keynote and TEDx Speaker

1:30 - 2:15 p.m. Dessert Break in Exhibit Hall

2:15 - 3:30 p.m.

ADR5 Maybe It IS Me!

ATY6 Advanced EEO Case Law Update

CF5 Crafting Disciplinary Charges and Selecting Proper Penalties With cyber FEDS®

EEO6-II Combatting Harassment Through Personal Narratives — Part II: Train the Trainer

EEO7 To Dismiss or Not to Dismiss; That Is the Question

HR5 Legislative Update

LR/ER5-IPromoting the Efficiency of the Service Consistent With EO 13839, OPM Guidance, and Proposed OPM Rules — Part I

3:45 - 5 p.m.

ADR6 Overcoming Bias in ADR Processes

AE3 Weingarten and Formal Discussions

ATY7 FLRA Case Law Update

ATY8 Sex Discrimination Under Title VII: Sexual Orientation and Gender Identity

EEO8 Stop Standing Around! Bystander Intervention

HR3-R Preparing for Paid Parental Leave [Repeat]

HR6 Recruiting, Hiring, and Retaining Individuals With Disabilities: A Practical Approach

LR/ER5-IIPromoting the Efficiency of the Service Consistent With EO 13839, OPM Guidance, and Proposed OPM Rules — Part II

Thursday, August 137:30 - 8:30 a.m. Continental Breakfast

8:30 - 9:30 a.m.THC5 A Conversation With the EEOC

THC6 A Conversation With the FMCS

9:45 - 11 a.m.

ATY3-R EEO Case Law Update [Repeat]

EEO9 EEO, HR, and Agency General Counsel: Defining Roles and Working Collaboratively

HR7 The 2020 Election Season Is Here: What Every Federal Employee Needs to Know About the Hatch Act

LR/ER6 Understanding Veterans' Appeals Under USERRA and VEOA

9:45 - 11:45 a.m. ATY9 Legal Ethics Training

11:15 a.m. - 12:30 p.m.

ADR6-R Overcoming Bias in ADR Processes [Repeat]

EEO10 Welcome to the 21st Century: Workplace Issues

LR/ER7 Preparing for Supervisory Notification of End of Probationary Period

Luncheon Sponsored by

ADRALTERNATIVE DISPUTE

RESOLUTION

EEOEQUAL EMPLOYMENT

OPPORTUNITY

LR/EREMPLOYEE RELATIONS & LABOR RELATIONS

CFcyberFEDS®

USERS GROUP

ATYATTORNEY/LEGAL

THCTOWN HALL

CONVERSATIONSHR

HUMAN RESOURCESAE

ASK THE EXPERTS


Agenda At-a-Glance

Conflict Coaching: A Highly Effective ADR Technique

ADR-P1

Leslie Mizerak, Chief Empowerment Officer, Mizerak CoachingSheryle Woodruff, Certified Mediator, Trainer & Conflict Coach, Conflict Management Associates, Inc.

In conflict coaching, an impartial coach works one-on-one to support and engage a “coachee” in identifying goals, skills and strategies to prevent and resolve workplace conflict. Coaches typically teach specific ADR, conflict resolution and communication skills to address deficiencies of the coachee. In this highly interactive and informative workshop, Ms. Mizerak and Ms. Woodruff will cover the coaching skills needed to be a successful conflict coach. You will also learn effective strategies to help coachees identify their role in the conflict and ways they can actively participate in the solution.

WORKSHOP TAKEAWAYS

• Understand when, how, and why conflict coaching is an effective ADR tool • Identify and sharpen the specific coaching skills needed to be a successful conflict coach• Understand the differences between conflict coaching and leadership coaching

EEOC Mock Hearing ATY-P2

Michael Bogdanow, Acting Director of Regional Operations, U.S. Merit Systems Protection BoardGary Gilbert, President and Principal, Gilbert Employment Law, PCDonald J. Names, Deputy Assistant General Counsel, Manpower & Reserve Affairs, Department of the Navy

This workshop gives you a window into the critical points of the EEOC hearing process, along with seasoned litigators’ expert advice for both agency and complainant representatives. Join our team of experts as they take you through the entire process. First they’ll tackle the pre-hearing process, which now plays a vital role in setting the stage for the hearing. Then they’ll move into key phases of the actual hearing before an AJ, from opening statements and examining witnesses to the AJ decision from the bench! You’ll get expert guidance on each step of the way. This is consistently one of FDR’s most popular sessions, and even our most experienced colleagues will learn a thing or two!

WORKSHOP TAKEAWAYS

• Understand the purpose of each stage of the hearing process • Recognize the heightened importance of the pre-hearing process • Sharpen your skills and learn how to avoid mistakes

cyber FEDS® Tips and Tools for Faster, Better Answers

CF-P3

Christian Kislan, cyberFEDS® Director, LRP Publications Kelly Whiting, Customer Relationship Manager, LRP Publications

Learn about the cyberFEDS® tips, tools, and shortcuts that will save you an incredible amount of time and effort. From Roundups to Quick Start Guides to Glossaries — get everything you need to know to maximize your subscription and find answers fast. While a tablet or laptop isn’t necessary, bringing your device will ensure you get the most out of this practical workshop.

Addressing Psychiatric and Cognitive Disabilities in the Workplace — Part I

EEO-P4-I

Kelly Goode, Compliance Manager, Office of Equal Employment Opportunity, Securities and Exchange CommissionJoseph Kaplan, Founding Principal, Attorney, Passman & Kaplan PC

Workplace issues related to psychiatric and cognitive disabilities can create challenges for EEO practitioners and management. The law prohibits employers from relying on stereotypes and unfounded fears in making employment decisions. It also requires reasonable accommodations that allow individuals with disabilities to perform the essential functions of their positions. But in order to make appropriate decisions, practitioners need to know when they can request medical information, what types of reasonable accommodations might be appropriate, and how to properly handle performance and conduct issues that could be connected to mental disabilities. Using lecture and scenario-based discussion, Mr. Kaplan and Ms. Goode will analyze current law as it applies to both psychiatric and cognitive disorders. Part II will include an extended “Ask the Expert” question period.

WORKSHOP TAKEAWAYS

• Understand when medical information can be required and the limits on what can be requested • Describe how to use the interactive process to identify reasonable accommodations for individuals with mental disabilities • Recognize when an employee might impose a direct threat to safety and how you can respond

Resignations and Retirements: What Practitioners Need to Know

HR-P5

John Grobe, President, Federal Career Experts Barbara Haga, ER/LR Consultant; President, Federal HR Services, Inc.

Designed for HR, ER, and LR practitioners who advise managers on disciplinary and performance-based actions, this workshop will prepare you to deal with resignations and retirements in connection with adverse actions and in other related situations, such as disability retirement. The workshop will also cover attempts to withdraw retirements and resignations after they’ve been submitted and what the agency may do in these situations. You will learn about what makes a resignation or retirement voluntary and how to avoid the costly error of having an action found involuntary by the MSPB. Requirements for annotating findings on separations will also be addressed. This workshop also will help practitioners involved in mediating and negotiating settlements understand the factors that must be taken into account when resignations and retirements are being considered.

WORKSHOP TAKEAWAYS

• Learn the eligibility requirements for various types of retirement and how such eligibility relates to various forms of voluntary and involuntary separations • Identify the regulatory requirements related to withdrawal of resignations and retirements • Understand issues such as coercion and unbearable working conditions as they apply to involuntary separation cases

2-Part Workshop!


Monday, Aug. 10 | Half-Day Workshops8:30 a.m. - 12 p.m. Premium Pass includes

Workshops access!


RESOLUTION

EEOEQUAL EMPLOYMENT

OPPORTUNITY


CFcyberFEDS®

USERS GROUP

ATYATTORNEY/LEGAL

THCTOWN HALL

CONVERSATIONSHR

HUMAN RESOURCESAE

ASK THE EXPERTS

8:30 a.m. - 12 p.m. (cont’d)

Federal Labor Relations Authority Nuts & Bolts

LR/ER-P6

Joseph Schimansky, Mediator/Arbitrator; Former Executive Director, Federal Service Impasses Panel

This workshop will introduce practitioners relatively new to federal labor relations to the three major FLRA components: the Authority, the Office of General Counsel, and the Federal Service Impasses Panel. It’s also a great opportunity for more experienced practitioners to improve their LR knowledge. Covered topics will include the components’ main players, their missions under the Federal Service Labor-Management Relations Statute, and how those missions are accomplished. Mr. Schimansky, a recognized expert in the field of federal labor relations, will also cover recent significant decisions by the Authority and compare recent FSIP’s procedural determinations and final actions to those of previous administrations.

WORKSHOP TAKEAWAYS

• Gain an understanding of the FLRA’s components and how they operate • Learn how recent Authority decisions affect day- to-day labor relations activities • Discover the best practices for achieving successful outcomes before the FSIP

1:30 - 5 p.m.

Addressing Psychiatric and Cognitive Disabilities in the Workplace — Part II

EEO-P4-II

See page 6 for workshop description and speakers.

Intentional Negotiations: A Methodical, Collaborative Negotiation Style in a Proposal Framework

ADR-P8

Jennifer Disotell, Commissioner, Federal Mediation and Conciliation Service

The traditional negotiation approach, where one party starts low and the other starts high, promotes adversarial practices and relationships that do not further anyone’s interests. It also drags out collective bargaining, causing unnecessary tension and undue costs associated with negotiations. Intentional Negotiations is a method of sweeping aside the traditional, adversarial process of collective bargaining and committing to a process in which the relationship is just as important as the contract that is to be ratified. This does not mean that parties do not pursue what they need to achieve. Instead, the process enables the parties to fully understand and evaluate options, prior to presenting them, in order to better solve the problem at hand. Let Ms. Disotell guide you through this new negotiation style.

WORKSHOP TAKEAWAYS

• Learn a new collaborative process to improve negotiations • Understand positional bargaining vs. problem- solving negotiations • Explore ways to improve counterpart relationships during the duration of the contract

MSPB Mock Hearing ATY-P9

Samantha Black, Administrative Judge, Denver Field Office, U.S. Merit Systems Protection BoardRobert Erbe, Attorney, Law Office of Robert Erbe, PLLCStephen Mish, Chief Administrative Judge, Denver Field Office, U.S. Merit Systems Protection BoardEvan Roth, Administrative Judge, Denver Field Office, U.S. Merit Systems Protection BoardSara Snyder, Regional Director, Western Regional Office, U.S. Merit Systems Protection BoardRonald Weiss, Administrative Judge, Office of Regional Operations, U.S. Merit Systems Protection BoardModerator: Michael Bogdanow, Acting Director of Regional Operations, U.S. Merit Systems Protection Board This informative, realistic, and engaging mock hearing will show you how MSPB hearings are conducted. You’ll witness the practical aspects of the hearing, including objections, AJ rulings, direct and cross-examination, and findings, and gain an understanding of the roles of the parties and basic etiquette. You’ll leave the mock hearing with a better grasp of the process, as well as the documentation re-quired to successfully defend an agency action at the MSPB.

WORKSHOP TAKEAWAYS

• Understand the purpose of each stage of the MSPB hearing process • Recognize the important role of documentation at the hearing • Sharpen your skills and learn how to avoid mistakes

FERS and Social Security: Securing Your Financial Future

HR-P10

John Grobe, President, Federal Career Experts

Are you one of the numerous federal employees counting down the months to retirement? Or are you so new to the workplace that you can’t even fathom something that seems so far away? Whether you’re the former, the latter, or somewhere in between, it’s time to think about how you’re going to achieve a secure financial future. This workshop will arm you with the knowledge you need to get there. Mr. Grobe will give a thorough review of the complex federal retirement system for FERS — so you leave with a better understanding of the eligibility requirements for FERS and Social Security.

WORKSHOP TAKEAWAYS

• Choose the most effective retirement date for you • Estimate the benefits you will receive from FERS and Social Security • Determine the most advantageous claiming strategy for your Social Security

Working Through Reasonable Accommodation Challenges With cyber FEDS®

CF-P11

Gary Gilbert, President and Principal, Gilbert Employment Law, PCDeryn Sumner, Managing Partner, Gilbert Employment Law, PCAllison Uehling, cyberFEDS® EEO Special Projects Editor, LRP Publications

What do you do when an employee with a disability asks for an unusual or difficult-to-implement accommodation? If you’re not sure how best to proceed, this interactive, scenario-based workshop is for you. Mr. Gilbert and Ms. Sumner will tackle some of the most challenging areas where practitioners can come up empty or go astray in addressing reasonable accommodation. From making the most of the interactive process, to understanding how to address safety issues and what actually constitutes an undue hardship, you’ll learn about your options and your obligations. Scenarios will include issues involving leave, reassignment, and telework. Along the way, the speakers will explore the rich resources available on cyberFEDS® to help guide you in making decisions involving reasonable accommodation.

2-Part Workshop!


Monday, Aug. 10 | Half-Day Workshops

Barrier Analysis Under MD-715: A Practical Approach

EEO-P12

Martha Hennen, Personnel Psychologist, Office of Equal Employment Opportunity, U.S. Securities and Exchange Commission The barrier analysis process required by MD-715 is complex from a research standpoint and because of the many areas of potential focus. This in-depth workshop will address key research decisions and provide a practical experience-based approach. Dr. Hennen will cover how to: prioritize projects; review triggers to find commonalities and narrow potential root causes; find available data sources; develop interview or focus group protocols; engage stakeholders; leverage available resources; and integrate data as a strong base for continuous improvement. You’ll take away practical suggestions to implement methods in your agency.

WORKSHOP TAKEAWAYS

• Locate resources of benchmark information from government sources for the participation of minorities and women • Gain practical experience in designing and conducting interviews and focus groups to gather qualitative data on different employee groups • Practice collecting data, coding the results, and sharing summary information to provide a sound data-driven base for continuous improvement in the affirmative employment program

FMLA: From Problem Areas to Paid Parental Leave

LR/ER-P13

Barbara Haga, ER/LR Consultant; President, Federal HR Services

Administering FMLA leave can be challenging, if not downright difficult. In this workshop, FMLA expert Barbara Haga will guide you through the tough spots by focusing on often-problematic aspects of FMLA leave. Eligibility and notice issues, substitution of paid leave, and intermittent use of FMLA will be covered. You’ll also get help understanding what constitutes a serious health condition and medical documentation requirements. Ms. Haga also will explain and answer your questions about the new paid parental leave that may be substituted for unpaid FMLA leave.

WORKSHOP TAKEAWAYS

• Understand and apply FMLA eligibility rules and notice requirements • Anticipate potential problems with intermittent leave and medical documentation • Learn about how paid parental leave will work

Putting Your Best Foot Forward: EEO Counselor and Investigator Refresher Training

EEO-P7

Oliver Allen, CEO, Training & Development Strategies, LLCRoslyn Brown, President/CEO, EEO Workplace Strategies

FDR favorites Roslyn Brown and Oliver Allen bring the fresh to refresher training. Their day-long training meets the EEOC’s annual training requirement for EEO counselors and investigators through knowledge-based and skills-based instruction. In addition to a case law update, they will cover topics such as genetic information, LGBT employee rights, reasonable accommodation and the use of personal assistants, disability discrimination, and harassment prevention in the workplace. They will also address current hot

button issues, including the ramifications of First Amendment rights in an era of social media. This interactive workshop will use scenarios, role-playing, quizzing, and gamification to maximize audience participation and help you brush up on your skills and techniques as a counselor or investigator so you can respond effectively to challenging discrimination issues. You will also learn tips and best practices for writing counseling reports, reports of investigation, and settlement agreements.

WORKSHOP TAKEAWAYS

• Understand how recent EEOC decisions impact your work • Enhance your counseling and investigative skills with practical tips on data-gathering and analysis • Improve report-writing and resolution skills

Meets Annual EEOC Refresher Training Requirements



RESOLUTION

EEOEQUAL EMPLOYMENT

OPPORTUNITY


CFcyberFEDS®

USERS GROUP

ATYATTORNEY/LEGAL

THCTOWN HALL

CONVERSATIONSHR

HUMAN RESOURCESAE

ASK THE EXPERTS

Monday, Aug. 10 | Half-Day Workshops1:30 - 5 p.m. (cont’d)

Monday, Aug. 10 | Full-Day Workshop 8:30 a.m. - 5 p.m.

Ask the Experts provide an opportunity to talk informally with FDR’s most popular speakers. These small discussion groups allow for frank talk on some of the most challenging issues you face, with federal employment experts leading the discussions and answering your questions. Seating is limited!

Tuesday, Aug. 111:30 - 2:45 p.m.

Is It Really Harassment? AE1

Delia Johnson, Retired, Former Director, Office of Civil Rights, Broadcasting Board of Governors

3:30 - 4:45 p.m.

EEO Complaint Handling Challenges AE2


Wednesday, Aug. 123:45 - 5 p.m.

Weingarten and Formal Discussions AE3

Sean Hurley, cyberFEDS® Legal Editor, LRP PublicationsJoseph Schimansky, Mediator/Arbitrator; Former Executive Director, Federal Service Impasses Panel

Wednesday, Aug. 128 - 9 a.m.

A Conversation With the FLRA THC1

Moderator: Jeffrey Neal, Senior Vice President, ICF International; Publisher, ChiefHRO.com

A Conversation With the Special Counsel

THC2

Moderator: Debra L. Roth, Partner, Shaw Bransford & Roth PC

9:15 - 10:15 a.m.

A Conversation With the MSPB THC3

Moderator: Debra L. Roth, Partner, Shaw Bransford & Roth PC

A Conversation With OPM THC4

Moderator: Jeffrey Neal, Senior Vice President, ICF International; Publisher, ChiefHRO.com

FDR Training is the one place you can count on for open dialogue with agency leaders. This year, more than any other, you need guidance from the experts, particularly from those at dispute resolution agencies. Some of these agencies have undergone dramatic changes. Others, not so much. What is happening at the Federal Labor Relations Authority, Merit Systems Protection Board, Office of Special Counsel, and Federal Mediation and Conciliation Service? What guidance and focus can we expect from these agencies this year and beyond? Find the answers to your most challenging questions and many more at the Town Hall Conversations.

Thursday, Aug. 138:30 - 9:30 a.m.

A Conversation With the EEOC THC5

Moderator: Patricia St. Clair, Assistant Director, Office of Federal Operations, Federal Sector Programs, Training and Outreach Division, U.S. Equal Employment Opportunity Commission

A Conversation With the FMCS THC6

Moderator: Denise McKenney, Commissioner, Federal Mediation and Conciliation Service


Ask the Experts

Town Hall Conversations

Best Practices for Your EEO Office — Going From Good to Great

EEO1

Saul Schwartz, Retired, EEO Director, Federal Deposit Insurance Corporation

Tuesday, Aug. 11 | 10:45 a.m. - 12 p.m.As an experienced practitioner, you know your EEO office is generally compliant with the EEOC’s regulations and directives. But are you looking for opportunities to energize your efforts and make new headway in your road to a model EEO program? Join attorney Saul Schwartz for an eye-opening look at ways you can reach higher. He’ll discuss techniques for using metrics to track your various processes, including your reasonable accommodation activity. He’ll also outline multiple strategies for improving both internal and external relationships to make your office more dynamic from within and more relevant to other parts of your agency.

SESSION TAKEAWAYS

• Achieve greater accountability by tracking EEO workload at the formal and informal stages• Improve relationships with senior management by promoting ideas for employee engagement aimed at diversity and inclusion, as well as by partnering with your procurement office • Recognize how to effectively partner with EEO communities in other federal agencies and develop a more productive relationship with the EEOC

Pregnancy Discrimination and Accommodation, Family Leave, and Lactation Rights

EEO2

Debra D’Agostino, Founding Partner, The Federal Practice Group

Tuesday, Aug. 11 | 10:45 a.m. - 12 p.m.Although pregnancy isn’t exactly an unusual condition, it does raise some complex issues in the workplace — especially when laws overlap. The Pregnancy Discrimination Act provides protection against disparate treatment based on pregnancy, childbirth, or related medical conditions. And, although pregnancy isn’t considered a disability under the Rehabilitation Act, some conditions related to pregnancy can be disabilities and therefore qualify for reasonable accommodation. Further, pregnancy and childbirth create FMLA rights, which can be tricky to administer. Attorney Debra D’Agostino will sort it all out for you. She’ll walk you through the applicable laws, point out where agencies can go astray, and leave you confident in your ability to respond properly to employee requests and rights related to pregnancy.

SESSION TAKEAWAYS

• Understand the FMLA and lactation rights of new mothers returning to work • Recognize the employee rights provided by the Pregnancy Discrimination Act • Explain why an agency might be required to reasonably accommodate a pregnant woman under the Rehabilitation Act

Sexual Orientation, Gender Identity, and LGBTQ Inclusion in the Workplace

EEO3

Ryan Sallans, Author, Publisher, Consultant

Tuesday, Aug. 11 | 1:30 - 2:45 p.m.Wednesday, Aug. 12 | 10:45 a.m. - 12 p.m. [Repeat]We all have a sexual orientation and gender identity, yet in our society people who identify as LGBTQ are largely discriminated against. Ryan Sallans will intertwine storytelling surrounding his own journey with current best practice guidelines for managers and employees who seek to create a more LGBTQ-inclusive workplace environment. Attendees will be encouraged to ask questions throughout the session in order to address curiosity or confusion surrounding terminology and language, workplace concerns, and coworkers’ questions in relation to people who identify as LGBTQ.

SESSION TAKEAWAYS

• Understand the differences between sexual orientation, gender identity, and gender expression • Know what your agency/managers should expect of coworkers when an employee is transitioning • Develop action steps for creating a more inclusive workplace for LGBTQ employees

When Mixed and Unmixed Cases Collide: Best Practices for Processing Success

EEO4

Joel Kravetz, Assistant Director of Complaints Management, Department of Justice

Tuesday, Aug. 11 | 1:30 - 2:45 p.m.Mixed cases are challenging for practitioners. But that challenge is multiplied when a nonmixed case, such as a claim of discriminatory harassment involving performance issues, is amended to include an action appealable to the MSPB, such as a removal. Attorney Joel Kravetz will guide you through the complicated task of processing related mixed and unmixed cases separately. You’ll learn what information the EEO office should include in its written correspondence to the complainant, practical advice for providing ongoing EEO counseling, how to consolidate the investigations of the harassment and disparate treatment claims, and the review rights that attach to each claim.

SESSION TAKEAWAYS

• Recognize how a combination mixed and unmixed claim can occur • Identify best practices for EEO counselors and investigators to properly handle combination cases • Learn nuts and bolts language practitioners can use to provide guidance to complainants who have standing to file claims with both the EEOC and the MSPB


Equal Employment Opportunity Sessions

Leave and Telework as Reasonable Accommodations

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Joseph Kaplan, Founding Principal, Attorney, Passman & Kaplan PC

Tuesday, Aug. 11 | 3:30 - 4:45 p.m.When an employee’s need for a reasonable accommodation moves beyond easy-to-implement alternatives, some managers can balk. This session will tackle telework and leave — accommodations that can be reasonable under the right circumstances, but can also be difficult to “sell” to managers. Mr. Kaplan will help you understand when these accommodations are required by law, when alternatives can be offered, what medical information can be required to support telework and leave requests, and when these accommodations can properly be denied.

SESSION TAKEAWAYS

• Recognize when telework and leave might be reasonable accommodations • Understand the proper way to conduct an “interactive process” to address requests for telework and leave • Learn to perform compliant “undue hardship” analyses of these accommodation requests

Combatting Harassment Through Personal Narratives

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Dwayne Boyd, Senior Attorney, Office of Equal Employment Opportunity, U.S. Securities and Exchange Commission Ilene Citrin, Senior Attorney, Office of Equal Employment Opportunity, U.S. Securities and Exchange Commission

Part I: Wednesday, Aug. 12 | 10:45 a.m. - 12 p.m.Part II Train the Trainer: Wednesday, Aug. 12 | 2:15 - 3:30 p.m.The SEC’s innovative scenario-based harassment prevention training raises awareness of nuanced behaviors that could draw EEO complaints if allowed to continue. The program’s underlying premise, that anyone and everyone is capable of offending, promotes a willingness to address and resolve offensive behavior promptly, without judgment, before it escalates. Join Mr. Boyd and Ms. Citrin as they skillfully guide you through real-life examples that highlight different perspectives. This highly interactive approach has been successful in encouraging early reporting and reducing incidents of EEO-based harassment. As you experience this approach firsthand, the reasons for its success will be evident.

SESSION TAKEAWAYS

• Experience a novel training methodology that raises awareness of potential offenses and values different perspectives • Learn effective ways to engage your workforce in robust discussion of a topic that, for many, can be very difficult to initiate • Help others embrace the notion that raising awareness is a lifelong journey, enabling us all to grow professionally and personally

To Dismiss or Not to Dismiss; That Is the Question

EEO7

Joel Kravetz, Assistant Director of Complaints Management, Department of Justice

Wednesday, Aug. 12 | 2:15 - 3:30 p.m.The EEOC’s regulations at 29 CFR 1614.107(a) outline the reasons to dismiss EEO allegations. But the significant number of dismissal decisions reversed by the EEOC indicates that the regulations can be difficult for agencies to apply. Attorney Joel Kravetz, a dismissal scholar and FDR favorite, will walk you through thorny dismissal scenarios. Citing EEOC regulations and case law, he’ll discuss why allegations should be accepted or dismissed. This session will focus on the more common dismissal grounds and highlight where practitioners can go wrong, as well as how to craft decisions that minimize the likelihood of being reversed.

SESSION TAKEAWAYS

• Apply the EEOC’s dismissal regulations with confidence to harassment allegations • Recognize why retaliation claims must sometimes be treated differently • Learn useful boilerplate that EEO offices can use to justify, strengthen, and solidify dismissals

Stop Standing Around! Bystander Intervention

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Wednesday, Aug. 12 | 3:45 - 5 p.m.Discriminatory workplace harassment has been unlawful for more than 50 years, but it just doesn’t seem to go away. The EEOC’s Select Task Force Report on the Study of Harassment in the Workplace concludes that unless something different happens, this issue will never get better. The report recommends that employers explore new types of training to prevent harassment, including workplace civility and bystander intervention training. Join Ms. Brown and Mr. Allen as they explain how bystander intervention strategies and training, buttressed by agency policy, can counteract the bystander effect to do nothing — an approach that could be a game changer in your workplace.

SESSION TAKEAWAYS

• Learn bystander tips for interventions and strategies for dealing with micro-aggression, harassment, and bullying • Understand how being a proactive bystander can protect targets of discrimination and discourage harassing behavior • Explore effective intervention strategies that will help prevent future incidents

2-Part Session!


Equal Employment Opportunity Sessions

EEO, HR, and Agency General Counsel: Defining Roles and Working Collaboratively

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Deanna Glover, Human Resources Specialist, Defense Information Systems AgencyMelinda Holliday McDonald, Director of Personnel Law and Investigations, Department of Homeland Security, Office of the Inspector GeneralJo Linda Johnson, EEO Director, Federal Emergency Management Agency Lia Neill Wentworth, Deputy General Counsel, Defense Information Systems AgencyModerator: Dorothy Campbell, Associate Counsel, U.S. Patent and Trademark Office

Thursday, Aug. 13 | 9:45 - 11 a.m.An agency’s Office of Human Resources (OHR), EEO office, HR, and the Office of General Counsel can be challenged in both defining and defending their roles in the administrative complaint processes. EEOC decisions addressing agency counsel involvement during the pre-hearing phase of EEO complaints have amplified concerns about how these offices communicate and coordinate. Lack of awareness and poor communication can create confusion and increased vulnerabilities, which can lead to territorial conflict that hinders efficiency and impacts professional relationships. This session will explore the appropriate roles and responsibilities of each player. You will also learn best practices for increased collaboration and communication between general counsel, HR, and EEO functions. Expect a lively, interactive discussion with panel members, as well as opportunities to ask questions.

SESSION TAKEAWAYS

• Define the roles of the various professionals who work in the EEO administrative process • Understand the EEOC’s position on when agency counsel can become involved in the administrative process • Identify ways in which EEO, HR, and agency counsel can work together to ensure more effective complaint processing

Effective Replies to Adverse Actions and the Added Value of Agency Counsel

ATY1

Peter Broida, Attorney, Publisher

Tuesday, Aug. 11 | 10:45 a.m. - 12 p.m.The reply process is important not only to the employee, but to the agency that must make a decision. Make the wrong decision and an employee’s career is derailed and the agency incurs substantial costs. Join Mr. Broida as he examines the role of agency counsel in the reply process. He will demonstrate that agency management should actively encourage the participation of its counsel in reviewing and commenting on written replies, listening to — even asking questions during — oral replies, and encouraging deciding officials to take an active role in the oral reply process. The best decisions are informed decisions, and agency counsel can help reach that result.

SESSION TAKEAWAYS

• Understand the role of agency counsel in the reply to adverse action process • Learn best practices for working with the employee or employee’s counsel to ensure clear communications • Identify opportunities for agency counsel to participate in the oral reply process

Welcome to the 21st Century: Workplace Issues

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Oliver Allen, CEO, Training & Development Strategies, LLC Roslyn Brown, President/CEO, EEO Workplace Strategies

Thursday, Aug. 13 | 11:15 a.m. - 12:30 p.m.What happens when a female employee tweets about unhappiness with her male boss and agency officials learn of the tweet? Does the agency have an obligation to ask about possible harassment? Does the tweet meet notice requirements if a complaint is filed? From Twitter to Facebook, Instagram to LinkedIn, YouTube to Glassdoor, social media and the modern workplace are changing your EEO practice. In this interactive session, Ms. Brown and Mr. Allen will take a close look at how potential EEO problems can arise in the modern workplace, offer solid guidance for addressing current issues, and lead an exploration of what has — and hasn’t — worked for attendees.

SESSION TAKEAWAYS

• Offer fresh input for your agency’s annual harassment prevention training and policies • Learn best practices from other practitioners at large and small federal agencies • Anticipate and help your leaders respond proactively to potential issues created by technology

The Role of Agency Counsel in EEO Counseling and Investigations

ATY2

Gary Gilbert, President and Principal, Gilbert Employment Law, PC Jeff Rosenblum, Assistant General Counsel, Labor, Employment and Administration Section, Federal Deposit Insurance Corporation

Tuesday, Aug. 11 | 1:30 - 2:45 p.m.When the EEOC issued its initial decision in Annalee D., finding that agency attorneys overstepped their authority by assisting management officials in the pre-hearing EEO process, it stoked an already-heated dispute over counsel’s involvement in the pre-hearing process. The EEOC subsequently reconsidered its decision, concluding that it had mischaracterized counsel’s conduct as egregious and finding that agency counsel may assist management officials and witnesses in the preparation of their affidavits during the investigative stage. However, the decision was narrowly decided, leaving many questions about the proper role of agency counsel in the EEO process. Mr. Gilbert and Mr. Rosenblum will explore what constitutes permissible conduct by agency counsel from government and plaintiff perspectives, taking into account both legal and ethical restraints.

SESSION TAKEAWAYS

• Understand the EEOC’s stated limits on how far agency attorneys can go in helping management officials with their investigative affidavits • Explore whether counsel has any role in the pre- hearing process beyond assisting with affidavits • Learn practical tips for dealing with government and private clients involved in the EEO process


Equal Employment Opportunity Sessions (cont’d)

Attorney/Legal Sessions

EEO Case Law Update ATY3

Donald J. Names, Deputy Assistant General Counsel, Manpower & Reserve Affairs, Department of the Navy

Tuesday, Aug. 11 | 3:30 - 4:45 p.m.Thursday, Aug. 13 | 9:45 - 11 a.m. [Repeat]Staying current with EEO case law is a tough challenge, especially when the EEOC and its Office of Federal Operations issue thousands of decisions each year. Mr. Names will guide you through the EEOC’s most critical decisions over the past year. You’ll come away with a thorough understanding of the most significant decisions, and Mr. Names always finds some cases that keep us entertained along the way!

SESSION TAKEAWAYS

• Identify trends in federal EEO litigation • Explain the reasoning behind recent EEOC decisions • Apply the lessons learned from recent cases that affect your practice

Arbitration of a Disciplinary Case ATY4

Peter Broida, Attorney, Publisher

Tuesday, Aug. 11 | 3:30 - 4:45 p.m.Compared to MSPB and EEOC hearings, arbitration is a free-for-all. There’s often no discovery or established pre-hearing processes. There are potential jurisdictional issues involving elections of remedies. It can be a complex process. With proper planning, many arbitrations can be better structured and produce reasonable results with less wasted time. Join Mr. Broida as he reveals the keys to success in disciplinary case arbitrations.

SESSION TAKEAWAYS

• Learn how to research and select an arbitrator • Understand how to structure key pre-hearing steps: discovery, motions, and evidentiary submissions • Know what to expect during the first few minutes of the arbitration

Settlements After Executive Order 13839

ATY5

Peter Broida, Attorney, Publisher Jeff Rosenblum, Assistant General Counsel, Labor, Employment and Administration Section, Federal Deposit Insurance Corporation

Wednesday, Aug. 12 | 10:45 a.m. - 12 p.m.This session will provide practical guidance on settlement negotiations, particularly in light of the requirements of Executive Order 13839. Mr. Broida and Mr. Rosenblum will focus on the purpose behind the EO, the effects of the EO, as well as what the EO covers and what it does not. In addition, you will learn settlement techniques and strategies, and explore ethical issues relating to negotiating settlements.

SESSION TAKEAWAYS

• Understand the coverage and limitations of Executive Order 13839 on settlement agreements • Gain a clear understanding of ethical issues related to settlement negotiations • Receive practical tips and creative solutions for settling matters

Advanced EEO Case Law Update ATY6

Donald J. Names, Deputy Assistant General Counsel, Manpower & Reserve Affairs, Department of the Navy Deryn Sumner, Managing Partner, Gilbert Employment Law, PC

Wednesday, Aug. 12 | 2:15 - 3:30 p.m.For those cases that caught your attention during the EEO Case Law Update (ATY3) and you want to hear more about, this in-depth session provides an opportunity to drill down on a selection of the most significant EEO cases of the past 12 months. Mr. Names and Ms. Sumner will identify the handful of cases you really need to know and explain how they impact your practice and agency. A lively exchange is guaranteed!

SESSION TAKEAWAYS

• Understand the reasoning behind the EEOC’s most important recent decisions • Learn how these cases impact your practice • Hear the expert perspective provided by both agency counsel and complainant’s counsel

FLRA Case Law Update ATY7

J. Douglas Whitaker, Senior Attorney, Office of the Chief Counsel, Immigration and Customs Enforcement

Wednesday, Aug. 12 | 3:45 - 5 p.m.Join federal labor relations expert Douglas Whitaker as he takes an in-depth look at the most important cases of the past 12 months issued by the Federal Labor Relations Authority and the courts. This session will focus on the impact of these recent rulings on your LR practice.

SESSION TAKEAWAYS

• Use recent FLRA decisions to evaluate your workplace policies for compliance • Understand the impact of recent decisions on your agency and your practice • Identify trends in federal labor relations litigation

Sex Discrimination Under Title VII: Sexual Orientation and Gender Identity

ATY8

Shelley Kahn, Supervisory Attorney, U.S. Equal Employment Opportunity Commission

Wednesday, Aug. 12 | 3:45 - 5 p.m.The EEOC has determined that Title VII protects individuals from discrimination based on gender identity and sexual orientation. Claims raising these issues currently may be pursued in the federal administrative process as claims of sex discrimination. However, the U.S. Supreme Court is expected to address a U.S. Circuit Courts of Appeals split on this issue when it rules on three private sector cases that were argued in October 2019. Two plaintiffs are alleging sexual orientation discrimination and one plaintiff is alleging gender identity discrimination. Join Ms. Kahn for a comprehensive review of the Supreme Court cases and how they will impact your processing of LGBT claims.

SESSION TAKEAWAYS

• Understand the EEOC’s interpretation of the Supreme Court’s decisions on LGBT employment discrimination claims • Learn how to advise employees seeking to file claims involving sexual orientation or gender identity discrimination in the EEO administrative process • Recognize when gender stereotyping claims might properly be raised under Title VII as sex discrimination, even if the complainant is LGBT


Attorney/Legal Sessions

Legal Ethics Training ATY9

Peter Broida, Attorney, Publisher Maxanne R. Witkin, Director, Office of Employment Discrimination Complaint Adjudication, Department of Veterans Affairs

Thursday, Aug. 13 | 9:45 - 11:45 a.m.Join a lively and timely discussion of attorney legal ethics geared specifically for federal government lawyers. You’ll gain invaluable insights into how to ethically: (1) interact with pro se parties; (2) use social media resources in litigation; and (3) engage in

Be an HR Superhero: HR1

Rescue Managers From Common Hiring-Related Prohibited Personnel PracticesAnne Gullick, Chief, Dallas Field Office, Investigation/Prosecution, U.S. Office of Special Counsel

Tuesday, Aug. 11 | 10:45 a.m. - 12 p.m.One of the many responsibilities of HR professionals is to pro-vide managers with the guidance they need to avoid engaging in illegal hiring practices. This session will provide HR staff with the tools to guide managers through — and rescue them from, if necessary — the minefield of hiring-related prohibited personnel practices. Ms. Gullick will cover the statutory elements of the most common hiring PPPs. She will also identify ways to have difficult but constructive conversations with hiring officials by using everyday language to explain legal precedent, practicing communication techniques like active listening, and speaking truth to managers. Ms. Gullick also will focus on communicating with and influencing the gamut of managers, from first-line su-pervisors to top agency officials. Common hiring scenarios will be used to practice steering the hiring process out of the PPP danger zone.

SESSION TAKEAWAYS

• Identify the elements necessary to establish violations of 5 USC 2302(b)(4), (5), and (6) • Spot common management practices that lead to hiring PPPs • Learn tools and techniques to rescue managers from committing PPPs

First Generation Professionals: Breaking Through Barriers

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Tinisha Agramonte, Director, Office of Civil Rights, U.S. Department of Commerce

Tuesday, Aug. 11 | 1:30 - 2:45 p.m.Are you the first person in your family to graduate from college and/or to hold a professional job? Building on her work for the First Generation Professionals Initiative, Ms. Agramonte will lead an

settlement negotiations. You will also explore whether professional responsibility rules apply when you work in a non-legal position and what steps to take if a colleague’s mental impairment impacts her ability to practice law.

SESSION TAKEAWAYS

• Distinguish between your ethical duty to competently represent your client and disagreeing with your client’s legal position • Recognize and avoid revolving-door professional conflicts • Identify the myriad ethical traps when using social media in your professional and private lives

interactive discussion on the challenges faced by first generation professionals (FGPs) — those family trailblazers, from low-income and/or working class backgrounds, who are pursuing professional careers without the model of a parent or guardian who already successfully navigated that space.

SESSION TAKEAWAYS

• Identify common challenges to success faced by First Generation Professionals — recruitment bias, imposter syndrome, success guilt, networking skepticism, and more • Recognize the valuable skills and traits FGPs bring to the workforce • Create a welcoming and inclusive environment where FGPs thrive and successfully contribute to mission accomplishment

Preparing for Paid Parental Leave HR3

Barbara Haga, ER/LR Consultant; President, Federal HR Services, Inc.

Tuesday, Aug. 11 | 3:30 - 4:45 p.m.Wednesday, Aug. 12 | 3:45 - 5 p.m. [Repeat]Paid parental leave under the FMLA becomes available to federal employees with births and placements for adoption and foster care occurring on or after Oct. 1, 2020. Using examples and exercises, Ms. Haga will focus on the details of this new type of FMLA leave, covering how the entitlement may be used, including eligibility for the leave, time frames for use, certification requirements, and counting hours. Ms. Haga also will discuss return to work agreements and actions to be taken when employees are not able to return, including waivers and recovery of the cost of health insurance from employees who do not return to work and do not qualify for a waiver.

SESSION TAKEAWAYS

• Understand how paid parental leave may be substituted for unpaid FMLA leave • Be prepared to answer questions about time limitations on use of paid leave, certification requirements, and counting the hours in the 12-week entitlement • Recognize the issues that need to be addressed in the employee’s return to work agreement and handle situations where the employee will not return to work after PPL ends


Attorney/Legal Sessions (cont’d)

Human Resources Sessions

Sick Leave Trouble Spots HR4

Barbara Haga, ER/LR Consultant; President, Federal HR Services, Inc.

Wednesday, Aug. 12 | 10:45 a.m. - 12 p.m.Ms. Haga will tackle the most troublesome aspects of sick leave. Focusing on the authorized uses of sick leave, the session will cover information on documentation requirements and how to deal with abuse. Ms. Haga will emphasize the areas where questions most often arise — sick leave for incapacitation and family care and bereavement. You’ll leave with the information necessary to advise employees and managers about the limits on certain sick leave categories.

SESSION TAKEAWAYS

• Learn the documentation requirements for the use of sick leave for incapacitation • Identify the limits on annual use of sick leave for family care and bereavement • Assist managers effectively with cases of potential sick leave abuse

Legislative Update HR5

Jessica Klement, Staff Vice President, Advocacy, National Active & Retired Federal Employees Association

Wednesday, Aug. 12 | 2:15 - 3:30 p.m.A 2021 pay raise, civil service reform, federal retirement changes, and contentious labor relations. What is really on the table regarding legislative changes to the federal workplace — and what is rhetoric? Hear about the latest developments in all things civil service — what’s been proposed, what is expected to be proposed, and what’s likely to pass.

Recruiting, Hiring, and Retaining Individuals With Disabilities: A Practical Approach

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Kendra Duckworth Shock, Disability Program Manager, Department of the Air Force

Wednesday, Aug. 12 | 3:45 - 5 p.m.With expedited appointing authorities and a commonsense approach to addressing accommodation “challenges,” federal employers

Avoiding Litigation While Ensuring Integrity of Personnel Files

LR/ER1

Robert Erbe, Attorney, Law Office of Robert P. Erbe, PLLC

Tuesday, Aug. 11 | 10:45 a.m. - 12 p.m.Section 5 of Executive Order 13839 and proposed OPM regulations prohibit agencies from erasing, removing, or altering any information from an official personnel file to settle an informal or formal challenge or an administrative action. Additionally, 5 USC 3322 requires agencies to make a permanent notation in an employee’s personnel file of adverse findings if an employee resigns from federal service in lieu of removal. These two provisions are causing headaches for agencies in avoiding litigation through low-cost settlements. Come learn the pros

have all the tools they need to attract and retain qualified individuals with disabilities. This interactive session will highlight strategies and available resources to increase the participation rate of individuals with disabilities to meet the federally mandated goals of 2% and 12%. You’ll gain actionable best practices for recruitment, hiring, and retention, and learn about common disabilities and how they can be effectively accommodated.

SESSION TAKEAWAYS

• Learn effective recruitment and hiring strategies for applicants with disabilities • Develop strategies to implement successful accommodations • Improve responses to reasonable accommodation requests with best practices and free resources

The 2020 Election Season Is Here: What Every Federal Employee Needs to Know About the Hatch Act

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Ana Galindo-Marrone, Chief, Hatch Act Unit, Office of Special Counsel

Thursday, Aug. 13 | 9:45 - 11 a.m.Do you know whether it is a Hatch Act violation to forward an email you received from a political party? Are you permitted to tweet your views about a candidate during your lunch break? How about inviting friends to a fundraiser? This fast-paced session will provide a detailed look at the prohibited and permitted activities under the Hatch Act, which governs the political activity of federal employees. Special attention will be placed on novel issues and emerging trends the Office of Special Counsel observed during and since the last election cycle, as well as recent disciplinary actions. Guidance will be provided on how agencies can promote a non-partisan work environment this year and beyond.

SESSION TAKEAWAYS

• Understand prohibited and permitted political activities to ensure compliance • Identify Hatch Act issues arising from agency and employee participation on Facebook, Twitter, and other social media• Analyze different situations involving political activity and apply the corresponding regulations

and cons of clean record settlement provisions as well as the various ways agencies are complying with these legal restrictions while at the same time reaching a settlement agreement.

SESSION TAKEAWAYS

• Understand the interplay between Section 5 of EO 13839 and 5 USC 3322 and how they impact clean record provisions • Learn how MSPB administrative judges handle settlement agreements that contain clean record settlement provisions • Identify ways to resolve personnel complaints while complying with the legal restrictions on clean record provisions


Human Resources Sessions

Labor Relations & Employee Relations Sessions

Effective Grievance Handling LR/ER2

Sean Hurley, cyberFEDS® Legal Editor, LRP PublicationsDomenic Murgo, Deputy Chief Negotiator, Consumer Financial Protection BureauJoseph Schimansky, Mediator/Arbitrator, Former Executive Director, Federal Service Impasses PanelSaul Schwartz, Retired, EEO Director, Federal Deposit Insurance CorporationAri Taragin, Director, Labor and Employee Relations/Chief Labor Negotiator/ Spokesperson, Consumer Financial Protection Bureau

Tuesday, Aug. 11 | 1:30 - 2:45 p.m.This interactive session will give you the tools you need to ensure that your grievance process is effective in resolving workplace disputes. Through both role play and lecture you’ll learn how to properly evaluate grievances, conduct a grievance meeting, develop an appropriate grievance response, and ensure that your grievance process is fair, transparent and effective — equipping you with techniques for effective grievance processing and union-management relationship building.

SESSION TAKEAWAYS

• Learn the steps the parties should take before, during, and after filing a grievance • Recognize the tactics and strategies that pay dividends in the grievance process and which approaches should be avoided • Discover how successful labor relations specialists can both resolve grievances and maintain a productive working relationship with the union

Documenting the Douglas Factors: When, Why, and How

LR/ER3


Tuesday, Aug. 11 | 3:30 - 4:45 p.m.The Douglas factors have been around for almost 40 years yet agencies have various ways to document that the deciding official consciously considered them. Some agencies have both the proposing and deciding official consider the factors, while other agencies limit the review to the deciding official. Some agencies complete a separate Douglas factor worksheet, while others either issue a bare-boned decision letter or incorporate all the factors into the decision letters. Agencies also simply have a deciding official “adopt” a proposing official’s Douglas factors. Mr. Erbe will discuss the pros and cons of the various approaches. In addition, you will hear which approach is more effective and which can result in a due process violation.

SESSION TAKEAWAYS

• Learn the best way to document the Douglas factors to obtain maximum deference • Understand the cost/benefit analysis in having the proposing official consider the Douglas factors • Know how to consciously consider the Douglas factors while at the same time avoiding a fatal due process violation

Winning Strategies in Collective Bargaining

LR/ER4

Sean Hurley, cyberFEDS® Legal Editor, LRP PublicationsDomenic Murgo, Deputy Chief Negotiator, Consumer Financial Protection BureauJoseph Schimansky, Mediator/Arbitrator, Former Executive Director, Federal Service Impasses PanelSaul Schwartz, Retired, EEO Director, Federal Deposit Insurance CorporationAri Taragin, Director, Labor and Employee Relations/Chief Labor Negotiator/Spokesperson, Consumer Financial Protection Bureau

Wednesday, Aug. 12 | 10:45 a.m. - 12 p.m.FDR’s crew of labor relations experts returns this year with their tips and strategies for negotiating — or re-negotiating — your collective

bargaining agreement. You’ll go through the key steps in preparing for bargaining, such as assembling a bargaining team and evaluating the strengths and weaknesses of your existing agreement. Using a series of skits followed by audience input, this interactive session will also examine some of the critical dos and don’ts at the bargaining table, along with ideas about how to maximize your success at mediation or impasse.

SESSION TAKEAWAYS

• Learn the steps negotiators should follow to prepare, before sitting down at the bargaining table • Recognize the tactics and strategies that pay dividends in the bargaining process and what approaches should be avoided• Discover how negotiators can leverage the mediation or interest arbitration processes to their advantage

Promoting the Efficiency of the Service Consistent With EO 13839, OPM Guidance, and Proposed OPM Rules

LR/ER5


Part I: Wednesday, Aug. 12 | 2:15 - 3:30 p.m.Part II: Wednesday, Aug. 12 | 3:45 - 5 p.m.In this two-part session, Mr. Erbe and two MSPB administrative judges will walk you through the entire adverse action process while focusing on the changes ushered in by Executive Order 13839, OPM guidance on comparator employees and agency tables of penalties, and OPM proposed rules that would amend the procedures for processing disciplinary and adverse actions. These experts will discuss charging, nexus, administrative leave/duty, due process issues, and applying the Douglas factors under the new OPM Guidance.

SESSION TAKEAWAYS

• Understand how changes in the past two years affect processing disciplinary/adverse actions • Identify solutions to the major problems that arise in processing a disciplinary/adverse action • Implement efficiencies that won’t jeopardize the quality of the adverse action

Understanding Veterans’ Appeals Under USERRA and VEOA

LR/ER6

Richard Vitaris, Retired, Administrative Judge, Atlanta Office, U.S. Merit Systems Protection Board

Thursday, Aug. 13 | 9:45 - 11 a.m.This session is a nuts and bolts introduction to veterans’ appeals under USERRA and VEOA. Mr. Vitaris will explain the types of claims that service members and veterans may bring under these statutes, including discrimination based on military status, violation of reemployment rights, and non-selection for job vacancies. He also will break down the elements for proving USERRA and VEOA claims, enabling LR/ER professionals to better advise supervisors and managers on handling matters involving service members and veterans. The unique exhaustion requirements and time limits for USERRA and VEOA appeals will be covered as well.

SESSION TAKEAWAYS

• Recognize the types of claims which an employee or applicant can bring to the MSPB under USERRA and VEOA • Learn the elements of proof required for USERRA discrimination claims, restoration to duty claims, and VEOA non-selection claims • Understand the impact of Butterbaugh on the calculation of military leave and how miscalculation can give rise to USERRA claims

2-Part Session!


Labor Relations & Employee Relations Sessions (cont’d)

Preparing for Supervisory Notification of End of Probationary Period

LR/ER7


Thursday, Aug. 13 | 11:15 a.m. - 12:30 p.m.OPM proposed regulations requiring agencies to notify supervisors that an employee’s probationary period is ending. The proposed regulations also require agencies to advise supervisors to make an affirmative decision regarding the employee’s fitness for continued employment or otherwise take appropriate action before the end of the probationary period. HR specialists and agency attorneys need to

understand when the probationary period ends. This is not as simple as it seems. Mr. Erbe will guide you through the complex maze of the probationary period and how to set up a system to provide the supervisory notifications required by the OPM regulations.

SESSION TAKEAWAYS

• Understand the proper inquiry in determining whether an individual is an “employee” as defined by 5 USC 7511 • Learn how to set up a notification system to guide managers when an individual will obtain full pre-termination and post-termination appeal rights • Know the recent case law as it pertains to probationary employees and what procedural rights are required

Curbing Conflict Avoidance ADR1

Justin Hale, Master Trainer, VitalSmarts

Tuesday, Aug. 11 | 10:45 a.m. - 12 p.m.Ninety-five percent of an organization’s workforce struggles to speak up to their colleagues about their concerns. As a result, they engage in resource-sapping avoidance tactics including ruminating excessively about crucial issues, complaining, getting angry, doing unnecessary work, and avoiding the other person altogether. In extreme cases, the agency’s bottom line is hit especially hard. A shocking 8 percent of employees estimate their avoidance has cost their organization more than $10,000. And 1 in 20 estimate that over the course of a drawn-out silent conflict, they waste time ruminating about the problem for more than six months. Attend this session to learn how to address conflict avoidance and nip it in the bud.

SESSION TAKEAWAYS

• Understand how conflict avoidance costs your agency money and time • Identify crucial moments, the kind people tend to avoid discussing and handling • Address workplace conflict in a way that produces results and improves relationships

How to Build ADR Programs for Non-EEO Matters

ADR2

Victor Voloshin, Chief Mediation Officer, Equal Employment Opportunity Commission

Tuesday, Aug. 11 | 1:30 - 2:45 p.m.Federal agencies are required to establish ADR approaches within the EEO process. But why limit the potential for settling workplace conflicts in a constructive manner? Come learn how to expand your ADR programs beyond the EEO arena. Using his experience helping other agencies design and improve their workplace ADR programs, Mr. Voloshin will explain the elements that are crucial to support a broader ADR program. You’ll also learn about the key decisions agencies must make about which issues should be covered by such a program and which should not.

SESSION TAKEAWAYS

• Identify the principles that should guide the design of an expanded ADR program • Understand how best to avoid conflicts of interest in designing such programs • Recognize how to communicate to employees about the broadened ADR program and its coverage

Radical Inclusion ADR3

Debra Alexander, Senior Partner, Alexander Consulting & Training, Inc. Kaye Craft, President, Kaye Craft Associates, Inc.

Tuesday, Aug. 11 | 3:30 - 4:45 p.m.At its most basic definition, inclusion means believing everyone in the organization is both wanted and needed. How does this belief affect your approach to ADR? How does it change how your agency works — the policies, processes, and practices? How does it shift the interaction of managers, staff, and coworkers? This session presents the concept of radical inclusion from three perspectives — a mindset, a framework for change, and an ADR technique. Using methods drawn from organizational justice, community activism, dialogic organizational development, and Gestalt psychology, you will learn a unique perspective for fostering an organizational culture in which thriving relationships are the foundation for your ADR practice.

SESSION TAKEAWAYS

• Develop practical frameworks for building inclusion • Learn tools and techniques for dialogue and resonance (deep listening) • Explore an inclusion-based perspective for your ADR work

Breaking Through Impasse: Reaching a Constructive Solution to Conflict

ADR4

Kayla Mack, Commissioner/Mediator, Federal Mediation and Conciliation ServiceTom Melancon, Strategy Officer, Office of Strategy & Development, Federal Mediation and Conciliation Service

Wednesday, Aug. 12 | 10:45 a.m. - 12 p.m.What do you do when the chances of resolving a dispute seem to grow farther away as the ADR process proceeds? What are proven practices that allow you — as a facilitator, mediator, or advocate — to break the logjam to move the parties closer to resolution? Using a highly interactive approach, participants will share their collective wisdom regarding strategies they have successfully used when all hope for settlement seemed lost. Mr. Melancon and Ms. Mack will also reveal impasse-breaking techniques they have gathered from the ADR field, personal experience, and an extensive review of research.

SESSION TAKEAWAYS

• Understand the effect that perceived impasse has on parties involved in ADR processes • Sharpen your own impasse-breaking practices via expert and peer feedback • Learn both tried-and-true and innovative strategies to break through negotiation deadlocks and bring people to successful resolutions


Labor Relations & Employee Relations Sessions

Alternative Dispute Resolution Sessions

Hidden Gems of CF1


Tuesday, Aug. 11 | 10:45 a.m. - 12 p.m.Some of the most valuable tools on cyberFEDS® may be the ones you aren’t using yet. Come to this hands-on session to learn about one-of-a-kind resources available on the site that provide you with interpretive guidance and real-world application while saving time and effort in handling your day-to-day responsibilities. While a tablet or laptop isn’t necessary, bringing your device will ensure you get the most out of this hands-on session.

Judge Vitaris’ ER Desk Reference Q&A With

CF2

Seth Supran, cyberFEDS® Editorial Director, LRP Publications Richard Vitaris, Retired, Administrative Judge, Atlanta Office, U.S. Merit Systems Protection Board

Tuesday, Aug. 11 | 1:30 - 2:45 p.m.After serving with the Merit Systems Protection Board for 28 years, retired administrative judge Richard Vitaris has developed a new ER Desk Reference for cyberFEDS® users — full of sample forms and letters for every step of the MSPB process. This interactive session gives you the opportunity to ask a former board AJ about critical components of ER practice, from pretrial hearings to penalty determinations. In addition, you’ll learn about other resources on cyberFEDS® that will help you stay on top of all ER developments.

Animal Accommodations: You Have the Tools You Need With

CF3

Allison Uehling, cyberFEDS® EEO Special Projects Editor, LRP Publications Kelly Whiting, Customer Relationship Manager, LRP Publications

Tuesday, Aug. 11 | 3:30 - 4:45 p.m.Beyond specially trained dogs, there are multiple ways to have pets certified as emotional support animals, increasing the possibility

that agencies will be asked to allow animals in the workplace as a reasonable accommodation for disabilities. Take on these difficult reasonable accommodation issues with the resources and tools on cyberFEDS®. Using EEOC decisions and Quick Start Guides, Ms. Uehling will walk you through the process of responding to a request for an animal accommodation, so you can be confident you’re addressing requests within the bounds of the law.

Become a Search Guru

CF4


Wednesday, Aug. 12 | 10:45 a.m. - 12 p.m.In this interactive session you’ll discover how to develop searches that locate just what you need in less time so you can work more efficiently. Become a cyberFEDS® search expert by learning shortcuts to find specific documents and on-point case law, plus how to use simple searches, operators, and wildcards as well as advanced searches and complex phrases. While a tablet or laptop isn’t necessary, bringing your device will ensure you get the most out of this session.

Crafting Disciplinary Charges and Selecting Proper Penalties With

CF5

Seth Supran, cyberFEDS® Editorial Director, LRP Publications Richard Vitaris, Retired, Administrative Judge, Atlanta Office, U.S. Merit Systems Protection Board

Wednesday, Aug. 12 | 2:15 - 3:30 p.m.Properly labeling charges and selecting the appropriate penalty for employee misconduct is tricky business for agencies. From workplace violence, to gambling, to leave abuse, to alcohol and drug use, a single misstep can lead an agency to lose their case. Using cyberFEDS® as a resource, and with the help of retired MSPB administrative judge Richard Vitaris, this session will provide you with the tools you’ll need to take proper action when misconduct occurs.

Maybe It IS Me! ADR5

Denise McKenney, Commissioner, Federal Mediation and Conciliation ServicePete Swanson, Chief Practitioner, Office of Conflict Management and Prevention, Federal Mediation and Conciliation Service

Wednesday, Aug. 12 | 2:15 - 3:30 p.m.Have you ever been a party to a workplace dispute or issue that seemed intractable? As easy as it is to blame others, perhaps we contribute to problems in ways we cannot see. This session will help you distinguish between systemic and personal dynamics, and explore how we unknowingly exacerbate and escalate situations. Exercises will focus on identifying these situations and in providing insight, skills, and guidance in effectively navigating both.

SESSION TAKEAWAYS

• Identify differences between systemic and personality-driven conflicts • Understand the costs to organizations and staff brought on by difficult behaviors • Recognize how you may be contributing to the conflict and learn skills for self-management

Overcoming Bias in ADR Processes

ADR6

Tom Melancon, Strategy Officer, Office of Strategy and Development, Federal Mediation and Conciliation ServiceZina B. Sutch, Deputy Associate Director of Outreach, Diversity and Inclusion, Office of Personnel Management

Wednesday, Aug. 12 | 3:45 - 5 p.m.Thursday, Aug. 13 | 11:15 a.m. - 12:30 p.m. [Repeat]This session unites research-driven concepts with multiple learning practices to identify the impact of unconscious bias on day-to-day behavior, systems, decision-making and conflict resolution processes. By examining unconscious bias in reference to ADR, you will learn to cultivate culture and behaviors that foster highly effective and engaged teams.

SESSION TAKEAWAYS

• Learn how to reduce the impact of bias on behavior and actions in ADR processes • Understand organizational systems and their potential for subjectivity • Identify key terms including diversity, equity, unconscious bias, and inclusion


Alternative Dispute Resolution Sessions (cont’d)

cyber FEDS® Users Group Sessions

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