Pre-Conference Symposium 1
Managing Entitlements to Leaves of Absence: The Devil Is in the Details
Peter Broida, Attorney, Federal Employment Law Training Group, Arlington, Va.
Ernest Hadley, Attorney, Federal Employment Law Training Group,
    Wellfleet, Mass.
William Wiley, Attorney, Federal Employment Law Training Group, San Francisco

Tuesday, April 15: 1 - 5 p.m.

You don’t want to miss this pre-conference session by three of the most respected voices in federal employment law. They will cover entitlements to leave, focusing on situations in which leave must be granted as compared to situations in which the supervisor may exercise discretion. Plus, you'll learn what medical documentation establishes a right to sick leave, and what to do if the employee fails to provide acceptable documentation, as well as how to avoid ADA violations on medical inquiries. What's more, you'll discover the best ways to manage AWOL situations, approved-leave terminations, medical inability to perform, FMLA abuse, and fitness-for-duty limitations.

Pre-Conference Symposium 2
EEO and Retaliation Claims: Slaying the Two-Headed Monster
Tony Kaminski, Chief Operating Officer, EEOC, Washington, D.C.
Allison Uehling, Esq.,EEO Special Projects Editor/LRP, Horsham, Pa.

Tuesday, April 15: 1 - 5 p.m.

EEOC statistics indicate that retaliation is a serious and continuing problem for federal agencies. In many cases, the agency prevails on the underlying discrimination claim, but then loses on the complainant's claim of retaliation. This symposium will help you develop an understanding of all the issues involved in retaliation, from recognizing the EEO activity that can support such a claim, to how managers and supervisors can get their agencies into trouble with even brief comments about employee EEO activity. You'll leave better prepared to deal with destructive problems when they surface. And, you'll have the opportunity to share your ideas, discuss case studies and pose questions to our experts.

Opening Keynote
A Whole New Mind: Why “Right Brain” Capabilities
Are More Important Than Ever
Daniel H. Pink, Author/Speaker, Washington, D.C.

Wednesday, April 16: 8:45 -10 a.m.

In his best-selling book, A Whole New Mind, Dan Pink persuasively argued that the era of the knowledge worker (“left brainer”) is ending, and the era of the creative, big picture thinker (“right brainer”) is dawning. In this entertaining and provocative presentation, Mr. Pink updates us on some of the ways this important trend is manifesting itself in the federal government and other sectors. Always provocative and entertaining, Dan will offer hands-on tools and tips, as well as real-life examples, to help you navigate in this new "Federal World."

EEO1: Turf War Truce: How to Develop Effective Working Relationships With HR
Stephen Opperman, Senior Associate, GRA, Inc., Denver

Wednesday, April 16: 11 a.m. - 12:15 p.m.

EEO specialists often advise managers and provide information to employees about EEO issues, disputes and resolutions. But if you’re not careful, it’s easy to get cross-threaded with the HR specialist who also supports these people on a daily basis. Mr. Opperman will show you how to build and maintain bridges with your HR counterparts, and how to work together on critical staffing, human capital planning, EEO and labor relations issues. After all, an effective working relationship is vital to the success of both programs.

ER1: MSPB Law Update
Peter Broida, Attorney, Federal Employment Law Training Group, Arlington, Va.
William Wiley, Attorney, Federal Employment Law Training Group, San Francisco

Wednesday, April 16: 11 a.m. - 12:15 p.m.

This session covers all the major decisions issued, and procedural changes implemented, by the Merit Systems Protection Board (MSPB) in the past year. In addition, significant court cases that impact employee discipline and unacceptable performance will be presented. Renowned experts Mr. Broida and Mr. Wiley also will address the impact of recent vacancies at the MSPB and the prospect of a two-member board issuing “split decisions” when deadlocked. As an HR or ER specialist who advises management and constructs the actions taken against employees, attending this session will keep you current in this highly critical area of the law.

Bonus Session
The Carrot Principle: How the Best Managers Use Recognition
to Accelerate Performance
Max Brown, Manager, Carrot Culture Group, O. C. Tanner Company,
    Salt Lake City, Utah

Wednesday, April 16: 11 a.m. - 12:15 p.m.

Every major workplace survey conducted over the past 20 years has shown workers want more recognition and praise. But far too many managers think that doing so will create jealousy among those not recognized and make the management team look “soft.” The transformative power of purpose-based recognition produces astonishing results. It is recognition done right — recognition combined with four other core traits of effective leadership. You'll learn the remarkably simple and powerful methods great managers use to provide their employees with effective recognition. And you'll learn how these great managers lead with carrots, not sticks.

EEO2 (Part I): Defining Who Is Entitled to Reasonable Accommodation
Gary Gilbert, Attorney, Federal Employment Law Training Group,
    Silver Spring, Md.
Ernest Hadley, Attorney, Federal Employment Law Training Group,
    Wellfleet, Mass.

Wednesday, April 16: 1:45 - 3 p.m.

In the first of two parts, you'll be provided with a user-friendly analytical model for evaluating whether a specific medical condition is a disability, and whether the employee with the condition is an “individual with a disability” as defined by the ADA. You’ll leave this session with confidence that you’re correctly identifying those disabled employees who are entitled to ADA coverage.

ER2: Dissecting the Douglas Factors: Using MSPB Case Law
          to Prevent Mitigation of Penalty
Robert P. Erbe, Associate Legal Advisor, Department of Homeland Security,
    Immigration and Customs Enforcement, Tucson, Ariz.

Wednesday, April 16: 1:45 - 3 p.m.

In the seminal Douglas v. Veterans Administration case, the MSPB listed 12 factors that agencies must balance when determining the appropriate penalty for an employee's misconduct. The MSPB didn't assign weights to these factors, and not all factors are relevant in every situation, but the agency’s mission and employee’s duties are always good places to start. Mr. Erbe will guide you through the Douglas minefield, with emphasis on the most recent MSPB case law involving penalty determination and mitigating factors, so your disciplinary actions are not overturned on appeal.

EEO2 (Part II): Defining Who Is Entitled to Reasonable Accommodation
Gary Gilbert, Attorney, Federal Employment Law Training Group,
    Silver Spring, Md.
Ernest Hadley, Attorney, Federal Employment Law Training Group,
    Wellfleet, Mass.

Wednesday, April 16: 3:45 - 5 p.m.

The degree of difficulty goes up a notch in Part Two of this session. You’ll address the interactive nature of “individualized inquiries.” And you’ll learn how to apply the critical concepts of essential job function, reasonable accommodation and undue hardship in the workplace to remain ADA compliant.

ER3: Formulating the Charge: The Critical Step in Winning Your MSPB Case
Marilyn Mattingly, Employee and Labor Relations Trainer/Consultant, MLM Resources, Ashland, Va.

Wednesday, April 16: 3:45 - 5 p.m.

Numerous MSPB decisions have made practitioners aware of how highly technical and important the crafting of charges can be. The MSPB and the courts have set forth relatively strict standards for agencies to follow and, as a result, improperly crafted charges are often the basis for reversal of agency actions. Ms. Mattingly will outline the rules for formulating charges as set forth in MSPB case law, familiarize you with the major mistakes agencies have made in formulating charges, and provide you with the newest, best and most creative winning charges used by agencies.