Courses

EEOC and MSPB Advocacy

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Description: This is a class for those who represent parties before both the EEOC and MSPB. It can be adapted to particularly suit Agency or Employee representatives. There is an emphasis on practical exercises. The class culminates with a mock hearing, where the course participants play witnesses and advocates. The topics covered include: (1) the EEO laws; the theories of discrimination; the 1614 regulations, MD-110 and other EEOC Guidance; the Civil Service Reform Act; resolving and settling claims; advising managers at mediations; pre hearing conferences; taking discovery (e.g., conducting and defending depositions, writing and responding to interrogatories, etc.); analyzing evidence; selecting, preparing, presenting and cross examining witnesses; moving documents into evidence; making opening and closing statements; making objections or offers; motion practice (e.g., motions for summary disposition); appeal; post hearing issues; and other matters and (2) the Civil Service Reform Act, MSPB regulations, related laws EEO laws, whistleblower reprisal; charges and penalties; and the other matters, addressed in (1), above.

Table Of Contents
Page
A. Introduction And Overview To Representing The Agency Before The MSPB and EEOC 3

B. Statutory And Regulatory Base Of The Appeals System 4

C. A Closer Look At The MSPB's Processing Of Cases 13

D. MSPB: The Common Types Of Cases 50

E. MSPB: The Statutory Defenses 85

F. EEOC: A Closer Look - The 1614 Regulations 107

G. EEOC: Common Types Of Claims - Laws And Theories 125

H. Discovery 154

I. Pre Hearing Conferences 165

J. Settlement 170

K. Evidence 200

Page
L. Witnesses 211

M. The Hearing 242

Tab 1 Exercises

Tab 2 Overheads

 

 

Specific Training Courses include the following:

EEO

EEO Update | PDF
EEO for Supervisors and Managers | PDF
EEO for Employees| PDF
Prevention of Sexual Harassment for Employees | PDF
Prevention of Sexual Harassment for Managers and Supervisors | PDF
Prevention of Sexual Harassment (Mock Hearing) | PDF
Disability Discrimination | PDF
The ADA Amendments Act of 2008 (ADAAA)
Reprisal | PDF
EEO for Counselors | PDF
EEO Counselors: Annual Continuing Training | PDF
EEO for Investigators | PDF
EEO Advocacy | PDF
No FEAR Act | PDF
Mediation of Disputes (with emphasis on EEO) | PDF
Alternative Dispute Resolution - The Different Forms | PDF
Resolution Official's Training | PDF
Mediator's Refresher Training | PDF

Employee Relations

MSPB Update | PDF
MSPB Advocacy | PDF
Administrative Investigations | PDF
How to Do it Right | PDF
Charges and Penalties | PDF
Effective Performance Management | PDF
Management Inquiries | PDF

EEO and Employee Relations

EEOC and MSPB Advocacy | PDF
Mixed Cases |
PDF

Labor Relations

Arbitration Advocacy | PDF

Other Courses

Compensatory Damages | PDF
EEO Investigator: Refresher Training | PDF
Effective Settlement for EEO Cases | PDF
The Constitution and Federal Employees | PDF
USERRA | PDF
VEOA | PDF