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)

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)

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)

With practice tips, this guide sorts the laws and procedures related to whistleblower reprisal. The guide includes in depth discussion of the Whistleblower Protection Act, the Whistleblower Protection Enhancement Act, noteworthy cases, and the Presidential Policy Directive (PPD-19). Major topics include legislative history and sources of law; OSC operations; corrective and disciplinary actions; IRAs and otherwise appealable actions; grievances and whistleblower reprisal claims; stays; burdens of proof; qualifying disclosures; prima facie cases and contributing factor analysis; clear and convincing evidence; remedies, damages and relief; administrative and judicial review; and intelligence community whistleblower protections. (more details)

RIFs will be the new “furloughs.” An understanding of RIFs is necessary to avoid mistakes. Employees, HR officials, agency counsels, and employee representatives will use this easy-to-use, yet comprehensive guide to master the regulations, statutes, and case law. Major topics include competitive levels and competitive areas, retention registers, bump and retreat rights, severance pay and DSRs, veterans preference, and demotion and termination appeals(more details).

A Dewey classic, Discovery Practice Before the MSPB is now in its third edition, offering comprehensive instruction on oral and written discovery before the MSPB, and includes samples of discovery materials, a detailed examination of discovery procedure, relevant case citations, MSPB regulations, and more, to help maximize discovery and better prepare for litigation. Major topics include non-discovery tools for obtaining information, sample instructions, depositions, interrogatories, requests for documents, physical and mental exams, requests for admissions, motions to compel, how to protect against discovery, and sanctions. (more details)

This guide provides everything needed in dealing with procedural and due process issues. Major topics include due process and the statutory scheme; liberty and property and what’s due; the Stone, Ward Criteria, Analytical Model; ex parte communication; Stone, Ward factors in actual practice; agency investigations—constitutional concerns; due process and the agency process; the Ward model—due process and harmful error; due process—security clearances, base bars. (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)

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)

Peter Broida presents this video training course on settlement of federal sector personnel cases. Each purchase includes Mr. Broida’s lecture (.mp4 video file sent on a CD-ROM); workbook with reference materials and course notes–outline; and a bibliography. Major settlement topics include the basic components of an agreement; settlement notebook; checklist for a typical settlement of an adverse or performance based action; and settlement formalities. (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)

The Art of Advocacy is a thorough, yet concise, instructional text on effective advocacy before the MSPB and arbitrators. Major topics include the basics and importance of advocacy, Board and arbitration practice fundamentals, proof requirements, preappeal advocacy, discovery, motion practice, direct and cross examination, oral and written advocacy, and settlements. (more details)

Peter Broida presents this video training course on federal sector mediation. Each purchase includes Mr. Broida’s lecture (.mp4 video file sent on a CD-ROM), a workbook with course notes—outline and listing of related products, and a copy of The Advocate’s Practical Guide to Using Mediation by John Settle, a prominent mediator. Major mediation topics include: issues amenable and not amenable to mediation; reasons to mediate; preconditions to settlement; traits of a good mediator; sources of mediators and mediation programs; mediator selection; mediation structure; preparation for mediation; the mediation process step-by-step; development and review of settlement agreements; and keys to effective mediation. (more details)

Peter Broida presents this video training course on MSPB practice. Each purchase includes Mr. Broida’s lecture (.mp4 video file sent on a DVD); workbook with reference materials, course notes–outline, and selected cases; and a bibliography. Major MSPB advocacy topics include organization and jurisdiction of the Board; developing the record; litigation management; appeal timeliness; gathering information; MSPB appeals process; motions practice; discovery; prehearing orders, submissions, conferences, and summaries; cases decided without a hearing; hearing preparations; hearings; petitions for review and judicial review; and settlement. (more details)

Drawing from actual cases, this quick reference offers discovery samples to guide agency representatives through litigation before the MSPB. Major topics include definitions, instructions, interrogatories, document requests, and request for admissions. (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)

Peter Broida presents this video training course on federal sector arbitration. Each purchase includes Mr. Broida’s lecture (.mp4 video file sent on a DVD); workbook with reference materials, course notes—outline, and selected cases; and a bibliography. Major arbitration topics include deciding whether to arbitrate; requesting and selecting an arbitrator; expedited proceedings; preliminary case preparation; hearing preparation; hearing presentation; and post-hearing issues. (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)

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 practical e-training software is ideal for any practitioner representing an employee in an appeal or grievance of a personnel action. The course utilizes multiple resources to provide practitioners a guide through the procedure and fundamentals essential to establishing a solid defense for their client. (more details)

Winning at the MSPB covers everything necessary to initiate employment actions and build a winning case before the MSPB and is a valuable resource to any agency supervisor or manager, personnel advisor, and representative. Major topics include jurisdiction, timeliness, whistleblower reprisal, USERRA/VEOA, mixed cases, evidence, adverse action procedures, selecting and drafting charges, nexus, selecting and defending the penalty, performance-based actions, affirmative defenses, appeal responses, proper parties, prehearing practice, settlement, the hearing, decision and review, and remedies. (more details)

This e-course examines and explains the purpose, strategies, and expectations of witnesses at Federal administrative hearings. This practicum covers what to expect and how to prepare for the hearing process from beginning to end. (more details)

This training course is written and narrated by two seasoned agency advocates who offer their experience, analysis, and advice to agency representatives on how to effectively advocate before the MSPB or EEOC. (more details)

A “how-to” approach to mediation with advice on how best to achieve client goals and tips on finding creative solutions for dispute resolution. This guide presents a brief, but thorough explanation of the uniqueness, benefits, and purpose of mediation. Major topics include how mediation is useful, a step-by-step overview of the mediation process, mediators, preparing for and participating in mediation, confidentiality, understanding and using the caucus, working toward resolution, impasse and difficult passages, and concluding the mediation. (more details)

This audio course is a three-hour narration of MSPB practice and procedure. Instruction is offered by two seasoned practitioners and a former MSPB Chairman. (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)

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)

Practical and engaging, this two hour audio course walks management and union representatives through the arbitration process with advice and analysis along the way. (more details)

This audio tutorial from two professional mediators is perfect for any management, employee, or union representative engaged in mediation. An examination of the mediation process is provided, with special attention paid to the role and responsibility of the representative. (more details)

Offering an overview of the arbitration process with tips and tactics for success, this software practicum is essential to both union and agency representatives. The course is comprehensive covering pre-arbitration preparation through closing arguments. (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)

An introductory discourse on MSPB practice, MSPB Basics covers seminal Board and Federal Circuit decisions, Board processes and litigation from the initial appeal through PFR, and relevant regulations. Major topics include an overview of the Board, filing an appeal, the agency’s response and preliminary motions, discovery and motion practice, discrimination, pre-hearing practice, hearing, settlement, whistleblower claims, petitions for review, and significant decisions of the Board. (more details)

For the benefit of agency representatives, this introductory, yet thorough discourse on MSPB practice covers seminal Board and Federal Circuit decisions, Board processes and litigation from the initial appeal through PFR, and regulations. Major topics include Board overview, agency appeal response, discovery, motions practice, settlement, discrimination issues, prehearing procedures, hearings, petition for review, counsel fee petitions, relationships with the judge, opposing counsel and pro se appellants, research, and significant decisions of the Board. (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)