How To Do It Right

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Description: This is a course for supervisors or managers. The instruction seeks to ensure that personnel actions are taken in a fair and timely way and in a way that minimizes mistakes and that supervisors and managers provide convincing rationales for their determinations in third party proceedings. Covered topics include: preparing for and taking discipline and adverse actions; the importance of counseling; the importance of documentation; specific adverse actions and discipline; determining the penalty (i.e., the Douglas factors); the EEO process (e.g., the process itself, what is covered in the process, etc.); understanding and avoiding mistakes in EEO; supervisor and management liability; and, preparation for mediation, inquiries, investigations, and hearings.

Length: 4 hours or 1 day.

How to Do it Right

Table of Contents

I. Introduction

II. Avoiding, Preparing For And Taking
Discipline And Adverse Actions

A. The range of options

Adverse Actions v. Disciplinary Actions

C. Burden and standard of proof
D. Preliminaries

1. The importance of counseling

2. The importance of documentation

E. The proposal letter and deciding on charge(s)

F. The replies by the employee

G. The decision letter

H. Specific adverse actions and discipline

1. Attendance related offenses

2. Falsification

3. Threatening conduct

4. Theft

5. Sexual Harassment

6. Insubordination

7. Physical inability to perform a job

8. Drug and alcohol violations

I. Nexus

J. Determining the penalty
1. The importance of serious
and conscientious consideration

2. The Douglas factors

K. The process for employee challenges to discipline or adverse actions (e.g., MSPB, EEOC, arbitration, etc.)
Mistakes made by supervisors and
managers in imposing discipline
or adverse actions

III. A Closer Look At The EEO Process

A. The process itself
B. What is covered in the process

C. The Most Frequent Issues and bases: Reprisal, Non selection, and harassment
1. Reducing reprisal complaints
2. Mistakes made in non selection
decisions 3. Harassment

IV. Supervisor and Management Liability: Considerable Protection

V. Preparation For Inquiries, Investigations,
And Hearings

A. Inquiries and Investigations

1. EEO and other investigations

2. Tips for giving statements

B. Hearings

1. Depositions

2. Tips for Witnesses

VI. Mediation and Settlement

A. Mediation

B. Settlement

VII. Conclusion

VIII. Exercises

Attachment A: Settlement Options