Updated annually, the EEO Guide, written by Natania Davis with Ernie Hadley, Founding Author, offers the most comprehensive analysis of federal sector EEO decisions, litigation practice, statutes, regulations, policies, guidance, and practical advice available to practitioners. This indispensable text is a component of the American Civil Service Law Series. (more details)

Updated annually, this comprehensive text digests notable Commission and federal court employment discrimination decisions from 2003 through early 2023 and reviews EEO laws, regulations, and guidance. Major topics include recent trends in the law; bases of discrimination; attorney fees; class actions; compensatory damages; appellate review; evidence; harassment; hearings; mixed cases; procedures; remedies; reprisal; settlement; and sexual harassment. (more details)

Prehearing and post-hearing motions, as well as rules of motion practice are studied in this newly updated practical and helpful guidebook. The authors examine motions presented to the Board and the Commission separately, paying special consideration to how to most effectively use motions for the desired result. Major topics include federal rules of civil procedure and basic, pre- and post-hearing motion practice before the Merit Systems Protection Board and Equal Employment Opportunity Commission. (more details)

A Dewey bestseller, Compensatory Damages is the seminal text on how to support and defend against claims for compensatory damages and other remedial claims in federal sector employment discrimination cases. Includes case summaries through mid-2023 and a chart of significant awards. Major topics include equitable and compensatory damages, proving damages, mitigation and offset, back pay, collateral source rule, tax consequences, settlement, managing discovery, calculating damages, and attorney fees. (more details)

Updated with cases through mid-2023, the Disability Deskbook is an extensive compilation of decisions interpreting the Rehabilitation Act, ADA, ADAAA, and other statutes and implementing regulations, and covers all disability related topics. Major topics include who is covered under the ADA, specific impairments, major life activities, "regarded as having a disability," "qualified individual with a disability," reasonable accommodation, undue hardship, direct threat defense, and disability related inquiries. (more details)

Designed for all who work on conduct and performance issues and those who litigate cases, this book serves as a quick reference to federal employment litigation questions. Answers are provided in an easy to read and thorough manner. Major topics include building the case, the hearing, and EEOC and MSPB litigation. (more details)

This handbook provides detailed, up-to-date information on the federal government’s legal response to the COVID-19 pandemic and how it relates to the federal workforce. Major topics include Executive Order, guidance, regulations, and statues; remote work; leave; vaccinations and testing requirements and exceptions; reopening and return to work; workplace safety requirements; labor relations; COVID-19’s relationship to other laws; and caselaw developments. (more details)

EEO for Federal Management guides federal managers, supervisors, and HR and EEO Staffs through the intricacies of discrimination law and demystifies the potential impact of EEO laws on personnel management decisions. Major topics include nondiscrimination laws governing federal employees; prohibited categories and theories of discrimination; proving discrimination; the complaint process; dealing with complaints of nonselection, disciplinary actions, reprisal, and harassment; handling disability issues; EEO issues in common workplace situations; and settling EEO complaints.(more details)

Newly updated, this guide provides practice notes and examples of provisions that are grouped by settlement topics. Major settlement provision topics include access to and return of agency property and access to facilities, actions upon and consequences of breach, cancellation or rescission of action, conditions of ongoing employment, construction of agreement, disclosure and maintenance of information, enforcement, financial considerations for the appellant, future employment, introductory clauses, leave status, performance, promotion, substituted employment actions, termination of appeal, waiver of rights, and miscellaneous settlement terms. (more details)

Updated with cases through mid-2021, the Disability Deskbook is an extensive compilation of decisions interpreting the Rehabilitation Act, ADA, ADAAA, and other statutes and implementing regulations, and covers all disability related topics. Major topics include who is covered under the ADA, specific impairments, major life activities, "regarded as having a disability," "qualified individual with a disability," reasonable accommodation, undue hardship, direct threat defense, and disability related inquiries. (more details)

The appeal and review rights from federal processes is confusing, whether you are puzzling over the avenues from an arbitrator’s decision, from an Merit Systems Protection Board (MSPB) mixed case, a whistleblower reprisal claim, an appeal from an Federal Labor Relations Authority (FLRA) Unfair Labor Practice determination or the many other formal processes in the federal government, this book will guide you in the right direction. (more details)

This new book will give federal supervisors and managers clear guidance on employee disability issues and other medical issues that require close and immediate supervisory involvement, focusing on the legalities, practicalities, strategies, and tactics for handling those medical issues that qualify as disabilities under the Rehabilitation Act and ADA regulations. The book also covers medical problems that do not qualify as disabilities, medical issues in hiring, medical-related disciplinary and performance actions, and related OWCP issues. (more details)

Federal supervisors face disruptive problems in the workplace ranging from simple unsettling acts, offensive behavior, and harassment, to workplace violence. This book provides step-by-step guidance on sorting through, identifying the behaviors, and then taking the right practical and legal measures required to resolve them. (more details)

A collection of frequently used materials from the EEOC, FLRA, and MSPB. These materials are of interest to agency employees, mediators, arbitrators, attorneys, and administrative law judges, as well as those seeking further specifics and/or clarification on procedure related to management, due process, disciplinary action in the workplace, and legal determinations impacting employment status. A download link will be sent in the confirmation email after the item is purchased.

Available in .pdf form with optional back-up CD and material includes EEOC, FLRA, MSPB, ADA, Privacy Act, Rehabilitation Act, procedure for appeals and stay requests, and current whistleblower statues. Click here to view the Table of Contents. (more details)

Gary Gilbert and Peter Broida provide intermediate to advanced level instruction for agency advocates on federal EEO administrative proceedings: discovery, hearings, and appeals. They discuss the proper role of counsel during the EEO counseling and investigation process; discovery; motion practice; effective summary judgment submissions; approaches to settlement; hearing preparation, practice, and procedure; examination of witnesses; opening and closing statements and briefs; OFO appeals; and interaction with judges, opposing counsel, and pro se complainants. (more details)

In its 3rd edition, this Dewey classic provides comprehensive analysis of federal sector practice before the EEOC. Major topics include individual and class complaint processes, theories of discrimination, pre- and post-investigation case evaluations, discovery, settlement, hearing practice, class actions, remedies, and post-hearing procedures. (more details)

The Disability Guide is an extensive and updated examination of federal EEO disability discrimination decisions, litigation practice, statutes, regulations, and practical advice for supervisors, representatives, HR specialists, and adjudicators. Major topics include overviews of the Rehabilitation Act, the ADA, and the ADAAA, impairments, major life activities, substantial limitations, “regarded as” disabilities, qualified individuals, reasonable accommodation, undue hardship, forms of prohibited discrimination, timeliness, remedies, and GINA. (more details)

This introductory text offers a detailed overview of the EEO complaint process from counseling through appeal. It is ideal for lawyers, counselors, officers, and EEO offices. Major topics include what the EEO process is and how it works, precomplaint and informal counseling, formal complaints and acknowledgment, acceptance and dismissal, investigations, prehearing and hearing processes, settlement, and appeals. (more details)

Best of the Commission explores the development of federal sector EEO law through landmark decisions of the Commission and the Supreme Court while explaining the underpinnings of current federal sector EEO law. Major topics include intentional discrimination, adverse impact, harassment, disability and age discrimination, retaliation, remedies and damages, timeliness, sanctions, contract employees, hearings, and attorney fees. (more details)

A comprehensive, easy to follow, and insightful guide to counseling and investigating EEO complaints, this manual explores the essentials of the EEO complaint process. Major topics include the EEO statutes and process, theories of discrimination, remedies, EEO Counselor’s role, initial interview, identifying, defining the claims, factfinding during counseling, resolution of complaints, MSPB appeals and grievances, EEO Counselor’s report, EEO Investigator’s role, investigative principles, evidentiary issues, scope of investigation, collecting evidence, investigative techniques, and report of investigation. (more details)

Crafting Durable Settlement Agreements is a complete research tool for negotiating, drafting and enforcing settlement agreements, with expert commentary and sample agreement provisions and terms. Analysis of relevant MSPB and EEO case law, regulations, OPM guidance, and MD-110, and Federal Rules of Evidence is included. Major topics include settlement principles and advice, guidelines for settlement, settlement authority, collateral use of and challenges to agreements and offers, preparation for settlement, alternative discipline agreements, last chance agreements, pre-appeal agreements, common settlement terms, enforcement, and rescission. (more details)

This how-to handbook traces the EEO counselor’s responsibilities through the complaint process, including assembling information and interacting with the complainant and managers. Major topics include an overview of EEO laws, regulations and prohibited forms of discrimination; the complaint process; the initial interview; the inquiry; presentation and resolution; report writing; appeals and grievances; and sexual harassment. (more details)

This straightforward training manual educates federal supervisors and managers on complaints and theories of discrimination and the complaint process. Advice is liberally interspersed on how to prevent discrimination complaints and how to defend against a complaint. Major topics include a summary of the discrimination laws, covered employees, disparate treatment and impact, harassment, reasonable accommodation, retaliation, strategies for reducing complaints, the EEO complaint and hearing processes, use of government property and time, and coping with the litigation process. (more details)

Effective Summary Judgment Motions offers a comprehensive analysis of EEO summary judgment case law along with practice tips and sample motions. Major topics include rules, regulations, and guidance; summary judgment standards; written motion papers; intentional discrimination cases; harassment cases; disability cases; reprisal cases; and religious accommodation cases. (more details)

Peter Broida presents this training course on federal sector advocacy in the three principal administrative forums—MSPB, EEOC and arbitration. Topics are broken down by the processes required before each tribunal. Each purchase includes Mr. Broida’s video lecture on DVD; a workbook with reference materials, course notes and outline, and selected cases; and a bibliography. Major advocacy topics include common and dissimilar elements, including jurisdiction, among the MSPB, EEOC and arbitration; basic case preparation and organization, discovery, summary judgment, settlement, prehearing procedures and preparation, the hearing, closing the record, and appeals. (more details)

Maximize discovery and fully develop the agencies defenses to underlying causes of action before the EEOC with the use of sample interrogatories, document requests, instructions, and definitions patterned after actual cases. (more details)

Whether practicing before the EEOC or the MSPB, this training software explores and dissects each step of the litigation process. From pre-discovery to closing arguments, the speakers detail what practitioners before the Board and Commission need to know. (more details)

From the basics of disability law to guidance for practitioners on how best to represent agencies or complainants, this training disc provides a practical lesson on this complex subject. Materials include an examination and explanation of relevant laws, cases, and key terminology. (more details)

Whether assessing exposure or entitlement to compensatory damages, evaluating proof of damages and causation or some measure in between, this practicum provides practical strategies for pursuing or defending against claims for damages and remedial relief before the EEOC. (more details)

A comprehensive, easy to follow, and insightful guide to counseling and investigating EEO complaints, this manual explores the essentials of the EEO complaint process. Major topics include the EEO statutes and process, theories of discrimination, remedies, EEO Counselor’s role, initial interview, identifying, defining the claims, factfinding during counseling, resolution of complaints, MSPB appeals and grievances, EEO Counselor’s report, EEO Investigator’s role, investigative principles, evidentiary issues, scope of investigation, collecting evidence, investigative techniques, and report of investigation. (more details)