What's Next in Federal Employment Law?

Now that the MSPB has two members of the same political party, the board’s decisions related to penalties may take on a new look as it interprets the Douglas factors a bit differently. In this live webinar, noted Douglas expert Robert Erbe will share the new MSPB’s philosophy and how it is reviewing agencies’ Douglas factors analyses.

Mr. Erbe will explain the Douglas factors analysis that must be conducted, covering how common mitigating, aggravating, and neutral factors should be weighed, and provide guidance on trouble areas where deciding officials frequently make critical errors that could lead a penalty to be overturned. Plus, you’ll be alerted to recent trends in board decisions that you need to be aware of — and what they mean to you — involving deference to deciding officials, comparator standards, serious misconduct, and clarity of notice.

You’ll leave this training equipped to:

• Conduct a proper Douglas factors analysis specific to each factor that applies
• Spot problematic penalty practices during the discipline process
• Recognize and remedy when an unnoticed aggravating factor could result in a due process violation
• Determine which mitigating factors cannot be ignored
• Identify how similarly situated employees will be compared
• And more

Being held on April 29, this webinar will include time for Q&A with Mr. Erbe, so you can get his guidance on your specific concerns.

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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!

This webinar on March 25 also includes Q&A time, so you can get Ms. Sumner’s answers to your questions.

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The return to in-person work placed more federal employees in close proximity, creating increased opportunity for friction and claims of harassment. Add the Trump administration's 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. Learn how to best discourage and effectively respond to discriminatory harassment while applying administration priorities.

In this on-demand webinar, experienced EEO attorney Debra D’Agostino describes unlawful harassment under different protected bases and the differences between in-person and virtual harassment, with specific examples of both. You 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 gain 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 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

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OPM now has authority to order the head of an agency to take action against agency employees for misconduct that occurs after being hired. ER, LR, and HR practitioners will all benefit from this on-demand webinar, as they learn 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.

Don’t miss the opportunity to learn directly from the coauthor of the highly regarded MSPB Charges and Penalties, A Charging Manual. Along with explanation of how we got from the previous OPM pre-appointment suitability determination process to the new rules, you 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

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With all executive agencies required to transition to the Trump administration’s standardized governmentwide performance appraisal cycle, your agency’s policies and procedures must be revised. In this on-demand webinar, federal HR expert Barbara Haga guides you in implementing a performance appraisal system based on OPM guidance by the 2026 agencywide deadline.

She takes you through the nuts and bolts of the appraisal system guidance and its new requirements related to expediting performance improvement plans, expediting removal of poor performers, and ensuring that performance appraisals are in line with the agency’s mission.

Along with learning about management training requirements designed to maintain a focus on accountability, you gain best practices to properly:

• Determine when (and for how long) a performance improvement plan should be in place
• Identify when it is appropriate to provide a meaningful bonus or award for a high performer
• Connect the importance of the agency’s mission with the employee’s performance
• Correctly address excessive performance review ratings
• Identify when and how “pass-fail” performance systems may be used
• And more

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When it comes to administering federal employment laws, it’s essential that every federal practitioner stays current on the latest best practices, Trump administration policies, and agency compliance obligations. LRP’s Next in Fed blog is an effortless way for you and your entire work unit to find out about the latest developments and to get authoritative professional development.

Each month, Next in Fed will highlight LRP’s newest upcoming Federal Webinar so you and your agency colleagues will know exactly what you’ll learn. With each webinar you attend, you will gain:

• A laser-focused look at a specific topic, covered concisely in 90 minutes to not waste your time
• Guidance from the most knowledgeable and engaging experts who break down the practical and legal sides of the topic
• Convenient training you attend wherever you are – no travel time or expenses
• A cost-effective way to get everyone trained, with unlimited participants at your site for one low rate and a special reduced rate for teleworkers
• Interactive Q&A with the presenter so you can get insights on your specific concerns

With a new webinar each month, everyone on your team can continually elevate their skills and advance their knowledge to keep your agency compliant, running efficiently, and focused on advancing agency mission.

Check the Next in Fed blog often or, better yet, sign up to receive new blog post updates so you don’t miss out on any upcoming training webinars. LRP also offers a library of 30+ on-demand webinars covering an array of EEO, HR, ER, LR and other topics.

SHOP RECORDED WEBINARS