EEOC Training Institute


EXCEL Workshop Descriptions

Workshop Descriptions for Breakout Sessions 1A. Roundtable Discussion: Processing EEO Complaints 1B. EEO Counselor Skills I: Resolution Based Counseling-Solving the Puzzle Early 1C. Job Accommodation Network – How Does JAN Work? DEMO This session will provide an interactive overview of workplace accommodations related to applications, training, performance, conduct, and benefits. A review of case examples handled by JAN will be shared. These examples will highlight current events in job accommodation, including tough accommodation challenges. The speaker will provide practical tips for handling these job accommodation issues and will provide up-to-date resources on how to navigate an effective accommodation process and use the JAN service. 1D. Mediator Styles: Are You Facilitative, Elicitive, Evaluative, Directive, or Some or All of the Above? Much has been made of Professor Leonard Riskin’s “grid” of mediator styles. He maintains that a good mediator should be able to mediate in any style that the parties require. Is that true for you? Are you only directive/evaluative, only elicitive/facilitative, or both? Do you know what these terms really mean? Can you adapt your style to the case at hand? Should you? This inter-active workshop is for experienced mediators to reflect on their mediation style(s), become familiar with the nuanced distinctions between facilitative and evaluative mediation, and consider expanding their skill-set to adapt to the increasingly challenging variety of cases mediators face today. 1E. Simply MD-715: Core Concepts & Practical Applications 1F. Call to Action: Employment of People with Disabilities This session will provide a strategy to integrate and improve disability employment resources, including the Schedule A and Veterans Hiring Authorities, recruiting pipelines and other tools. In October, the Administration announced that agencies are to analyze policies and programs to ensure that the Federal government is leading the way in the implementation of effective employment practices. This session will help attendees understand how to plan for and create needed change at every level and bring about hiring and retention strategies that Americans with disabilities can believe in. Time will be given for open discussion on how to partner with subject matter experts to integrate a disability employment training program into your agency. 1G. Respect & Intervention in Pursuit of a Respectful Work Environment This workshop will focus on the promotion of a work culture championing the core values of ‘Respect and Intervention’ in pursuit of a ‘Respectful Work Environment.’ We will demonstrate how these values can be masterfully connected with all technical EEO proactive prevention measures to include:(1) an informal trustful work environment whereby employees feel comfortable raising any perceived employee relations conflicts; (2) coach managers to be proactive in addressing employee relations conflicts; and, (3) coach managers to look at employee grievances as an Opportunity to ‘Correct and Stop any Inappropriate Work Conduct.’ This program will be presented by means of ‘creative facilitation’ involving two improvisation actors whom will act different suspect EEO case scenarios. Participants will provide coaching to the actors addressing any inappropriate work conduct in pursuit of a ‘Respectful Work Environment.’ The Lead Facilitators are experts in Leadership/Performance and EEO. 1H. Wending Your Way Through the EEO Hearing Process This 90 minute presentation is geared to both the novice and seasoned EEO practitioner. EEOC professionals give insights into the Federal EEO hearing process from discovery to the closing brief. Areas covered include: Discovery Practice: “Yes, Do It!”; “Dial D for Deadlines.”; Summary Judgment “Don’t Promise Evidence, Give It!”; Motions that Work; They’re in the Orders; Relying on the Other Side to Name Your Witness is Painful; How Leading Witnesses on Direct will Send Them Over the Cliff. Can Too Much Examination Ever Be Enough?; Voir Dire: The Administrative Judge’s Surest Way to Keep a Lawyer Honest; Does Your Client Really Want a Hearing?; and Know Your Judge. The Little Things That Can Expedite a Hearing. This presentation is guaranteed to debunk many of the assumptions surrounding the Hearing process while making you a better advocate for your client. 1I. Evaluating and Preparing the EEO Claim Witness 2A. The Changing Landscape of the Modern EEO Office: Digital Solutions, Web 2.0 & HECAPS! Digital solutions and e-initiatives can create immediate efficiencies in most workplaces. However, Federal agencies - and EEO offices in particular - have approached cautiously Web 2.0 and social media forums, such as Facebook and Twitter. It is only recently that some agencies have realized the opportunities that could be achieved after exploring these digital frontiers. How and why do social media tools apply to an EEO office in the Federal sector? Aren’t these kinds of sites more for social reasons than for business purposes? This session will provide a survey of the newest digital tips, tricks, and websites relevant to the EEO community. It will then transition into an overview of Web 2.0 and social media forums, and their applicability to the modern EEO office. We’ll close by identifying some of the barriers that may stand in the way of implementing Web 2.0 in Federal agencies. 2B. EEO Counselor Skills II: Resolution Based Counseling, Solving the Puzzle Early 2C. You Too Can Conduct a MD715 Barrier Analysis! Section II(D) of MD715 says Federal EEO programs “must conduct a self-assessment on at least an annual basis to monitor progress and identify areas where barriers may operate to exclude specific groups.” Once the potential demographic anomalies have been identified, a barrier analysis is required to determine the reason behind the numbers. There appears to be no standard methodology developed in order to conduct this type of analysis. An analytical tool has been developed to assist Federal agencies in conducting a barrier or root cause analysis. The methodology is based on the MD715 instructions to “ask questions until no more questions can be asked” about the agencies policies, procedures, and practices in regards to seven major employment cycle steps (recruitment, hiring, promotions, training, awards, disciplinary actions, and separations). This analytical tool, when implemented, results in refining demographic areas of concern and identifying barriers to a more balanced workforce demographic. 2D. Training Through Social Networking Channels – Targeting the Student Intern Workforce This EEO presentation considers the use of social networking channels such as Facebook, Twitter and YouTube to train and target the student intern population within the Federal government. For many interns, the Federal government may be their first “real job” fresh out of high school or throughout their college years. Students are a vulnerable and influential population and in the eyes of most protective parents, are still viewed as children. As such, the Federal government arguably owes a greater duty to ensure that all student interns fully understand the EEO process and the concepts of discrimination and harassment. This presentation introduces creative options for EEO professionals to connect with its student intern population. 2E. You Know You're Doing Diversity When . . . This presentation provides 20 key indicators that help you determine how sustainable your diversity management efforts are. The indicators are based on the Strategic Diversity Management Process(TM) developed by Dr. R. Roosevelt Thomas. The indicators are behaviorally specific and will generate discussion of specific requirements for creating a process that can help you fully utilize all the talent in the organization. 2F. Ethics for Attorneys 2G. Proving or Avoiding Compensatory Damages While EXCEL conferences often focus on the factors used in determining whether a complainant is entitled to emotional distress damages, and the types of evidence/testimony used to support such claims, past conferences have not focused on the testimony of the forensic (expert) psychologist to support, or defeat, that claim. This session will focus on how to qualify your forensic psychologist as an "expert," how to examine the expert psychologist to prove causation between the discrimination and the emotional distress, how to discount or factor in pre-existing conditions, and how to prove severity and continuing need for treatment. This session will also focus on explaining to the fact-finder the difference between treating psychologist and the expert, and explaining to the fact-finder the methodology used by the expert to come up with reliable diagnoses and prognoses. The session will also demonstrate areas for attacking the expert's conclusion. The session will be presented by use of lecture and "mock" examination questions. 5A. Form 462- Basic (PART I) 5B. Developing Your Best Alternative to a Mediated Agreement It is an essential skill of a mediator to assist the parties in understanding what will occur should the current mediation not result in a settlement. The alternatives to a settlement are the basis for evaluating the effectiveness and value of the mediated settlement. This interactive workshop is a variation of the well-known Best Alternative to a Negotiated Agreement (BATNA). 5C. Respectful Workplace: Moving Beyond Diversity and Tolerance to High-Performance Welcome to Diversity 2.0! When managed properly, differences (diversity) can be the source of extraordinary creativity, best-in-class customer service, a committed, engaged workforce and high organizational resiliency...and the key to leveraging diversity is a rock-solid foundation of respect. Respect and diversity are two of the most misunderstood and, oftentimes, controversial topics within the American workplace. Not only have they been the source of complicated government regulations, they often result in costly lawsuits and waves of management and employee diversity training. These training programs may work to some degree, but most do not uncover or address the root causes of disrespectful behaviors. This introductory presentation helps leaders and individual contributors arrive at a common understanding of what respect looks like and how it differs from tolerance. Using cutting-edge neuro-research, participants take a fascinating learning path that expands their awareness and offers critical insights into human thought and behavior norms. 5D. Building Trust in the Workplace This workshop will teach supervisors how to end EEO complaints by building trusting relationships at the workplace. This workshop uses a case of retaliation to demonstrate how relationships are damaged and how to stop digging that hole deeper. Instead of having a tense moment turn into the beginning of a retaliation claim, participants will learn how trust is damaged in high stakes moments when emotions are running high and learn how to avoid those moments by creating relationship-building problem solving moments. Participants will learn the skills contained in the ABLE model that are necessary to stop damaging workplace relationships including (1) being Aware of “high stakes moments” and what is happening biologically and psychologically; (2) deciding that my Behavior counts – that it is important to monitor and change my behavioral reaction to “high stakes moments” in order to control my own response to “high stakes” moments; (3) Learn a new behavioral response to “high stakes moments” in order to help the other person gain control; and (4) Explore the other’s “Story” to truly understand the source of the conflict. 5E. Nobody Likes Remands! Agencies hate remands from the EEOC, whether from OFO or from an EEOC Administrative Judge. Some cases are remanded by OFO for procedural errors (accept/dismiss errors). Other cases are remanded due to the poor quality of the investigation by OFO or at the hearing stage by an EEOC Administrative Judge. At whatever stage the remand occurs, remands and reversals are painful for everyone. Improperly processed cases result in an unfortunate waste of resources and justice delayed. This session will focus on some of the common errors that are made at all levels of the formal complaint process from acceptance to investigation to FAD. This session will host three speakers who will provide unique perspectives based on each of their professional experience. This session will provide the participants with useful information on how to process cases correctly the first time around. 5F. MD-715-201 Triggers & Tables – PART I 5G. Drafting Effective Summary Judgment Motions 6A. Form 462- 201: I Did the Report Now What? (PART II) 6B. Keys for Personal Success: Satisfaction is an "Inside" Job Do you feel like your Federal career has stalled? Are you working in an environment that you don’t like? Do you feel that you are not making progress or moving forward fast enough? This workshop focuses on overcoming career challenges and setbacks by sharing personal experiences and suggestions. This workshop explores how managing time, focus, and mood can help anyone achieve ultimate individual career and personal success. *6C. Ethical Considerations in Mediation Ends at 5:30PM During the mediation process, it is essential that one understands the required ethical expectations. This interactive workshop will review the generally accepted ethical obligations for mediation. 6D. “I’ll See It When I Believe It”: The Deeper Challenges to Achieving Equal Employment Opportunity It is fruitless to order people to behave in an unbiased manner and to make unbiased decisions; therefore we must give people the tools to do so. This session explores our human tendency to resist change and, within limits, to believe what we want to believe (especially about ourselves). The training emphasizes the practical effects of some common limits to reasonable behavior. 6E. A Culture of Inclusion: Creating and Maintaining Advanced Non-Traditional Employee Groups Government agencies are creating a culture of inclusion by broadening their outreach to include non-traditional groups such as Gay, Lesbians, Bisexual and Transgender employees, young professionals, and veterans. This workshop will use an example of a Gay, Lesbian, Bisexual and Transgender (GLBT) employee group at one Federal agency to discuss the challenges and opportunities in getting such a group started and how this group has managed to continue being a vibrant group supported by management/leadership. Topics will include strategies for gaining management support, outreach and recruitment strategies, engaging straight allies, and understanding and addressing the interests and priorities of your constituency. This workshop will demonstrate how creating the space for expressions of identity ultimately leads to an inclusive workplace environment in which everyone can contribute to their maximum potential. 6F. MD-715-201 Triggers & Tables – PART II 6G. How Are You Collecting MD-715 Data: Data Gurus Speak Out 6H. Electronic Discovery and The Duty To Preserve Electronic Data This advanced session for attorneys and representatives focuses on the legal issues that arise relating to electronic discovery in EEOC litigation. This session deals with the responsibility to retain electronic information that may serve as evidence in EEOC cases, and the potential sanctions available if a party fails to properly maintain electronic data. This session also provides information about the different ways in which electronic data can be used to support a party's case in EEOC litigation. 7A. Investigator Skills Part I 7B. Procedural Dismissals for the Busy Professional A "Reader's Digest" version of OFO's newly revamped (2-day) 2010 "Drafting Letters of Acceptance & Dismissal Decisions" training. This class is a highly interactive, one and one half hour roller coaster ride through the most used complaint dismissal regulations under 29 CFR Section 1614.107. After a very brief look at letters of acceptance, the remainder of the session will focus on the use of the highlighted dismissal regulations from the perspective of EEOC's Office of Federal Operations. This session will explain the basics, and the nuances, of an agency's use of the Commission's dismissal regulations, as well as the evidence necessary to sustain a procedural dismissal. 7C. Gender Stereotyping Claims The Federal courts and EEOC are increasingly finding discrimination based on gender stereotyping. This session explains the recent caselaw making distinctions between discrimination based on sexual orientation and preference and discrimination based on gender stereotyping. This session also includes discussion of the status of the Employment Nondiscrimination Act. 7D. Communication: Understanding the Messages You Send We spend about 75% of our day in the act of communication. Communication is not just talking to others, though we may feel tied to our cell phones and e-mail nearly that much of the day. Miscommunication is a daily or even hourly problem. How does my message get so confused? Why did this situation get blown out of proportion? Why don’t people listen to me? Communication is about how we listen, project our feelings, and from what perspective we perceive others projected information. Active listening and understanding others’ working styles will help you better understand the message your co-workers are really sending to you and you to them. It will also help you understand how your message may be misunderstood. This interactive course will help you learn how to effectively communicate with your friends, family and coworkers. 7E. Managing and Leveraging Diversity & Inclusion: Are You Really a Diversity Change Agent? 7F. Executive Leadership in the EEO Arena This workshop will focus on executive leadership in the EEO arena with special emphasis on the following topics: Communicating with senior managers and executives; what reprisal is and how it can be prevented in the workplace; defining individual and corporate responsibility for EEO and why this is important for senior managers and executives; corporate accountability when a finding is made; including learning from findings; next steps (including remedial training); and the efficacy of performance and/or other disciplinary action. 7G. Class Actions - Settlement Strategies and Effective Litigation This course will focus on settlement strategies for class actions. Class actions take up an inordinate amount of Federal agency and Commission resources. Litigation through the merits stage of class cases takes, on average, a decade. More attention must be paid to the economics, efficiency and benefits of early attention to settlements of class actions. Topics addressed will be pre-certification settlement efforts, post-certification settlement efforts, private mediation, Commission-assisted mediation, merits-only settlements, and global settlements. 8A. Investigator Skills Part II 8B. Tips for Retention – From Individuals with Disabilities to Generation Next Creating and maintaining a diverse workforce in your company can make you a leader in your community. One of the ways to accomplish this goal is to join an employer advisory board that promotes the hiring of qualified candidates with disabilities. In this session, you will learn about the features and benefits of getting involved. One example of a highly successful employer board is the Greater Boston Employer Advisory Board (GBEAB) to the Massachusetts Rehabilitation Commission. The GBEAB was created in 1998 and has more than forty employers from the private and public sectors across the state. The mission is to promote mutually beneficial work relationships between employers and candidates with disabilities, as well as, sustainable relationships between employers and qualified candidates with disabilities. Everyone benefits for personal and professional reasons when joining a group that meets job-ready candidates and guides them in job searches. The results are very rewarding as candidates now have a network of support which leads to hiring. You and your company will shine. 8C. Conflict Coaching: Proactively Assisting with Workplace Conflict Most managers and employees are working so fast and furious, that when conflict occurs in the workplace, they are more often reactive rather than proactive. Conflict Coaching is a proactive tool that the FAA Office of Civil Rights implemented to address workplace conflict early. Participants are provided a coach to discuss and work on strategies to address conflicts before the situation escalates. In this session, we will present the results of the FAA Conflict Coaching pilot program and the subsequent expansion of the program. 8D. "Passionate Partnerships" - Facilitating Working Relationships Building and maintaining strong working relationships between EEO, HR and GC is fundamental to an accurate and timely MD-715 report, but more importantly, it is fundamental to a true model agency program. However, building this three-way coalition is easier said that done. This panel presentation will focus on common areas of discord between the three agency factions and "best practice" ways to address potential conflicts. The discussion will cover challenges in the areas of compiling accurate stakeholder data in the 715 reporting process, common miscommunications in the staffing process, as well as divergent roles in the formal EEO complaint litigation process. The three panelists are seasoned, well-regarded legal, HR and EEO professionals, with a cross-functional experience in the Federal government. 8E. Making Your Agency’s ROIs Provide a Return on Your Investment 8F. Complaints, Solutions, and Choices – Oh My! This seminar will discuss expanding Federal workplace ADR programs beyond mediation. The presentation will focus on Management Directive 110 (MD-110), a guidance issued by the EEOC to establish the procedures that must be followed when processing complaints of discrimination filed by Federal employees and applicants for Federal employment alleging employment discrimination. Agencies can be flexible in designing their ADR programs to fit their environment and workforce as long as the programs conform to the core ADR principles and provide the maximum opportunity for all parties to freely express their views in resolving disputes. Chapter 12 (“Settlement Authority”) of the MD-110 encourages flexible and creative resolution of disputes. It grants Federal agencies wide latitude in structuring settlement agreements. Even in instances where a proposed informal settlement appears to be at odds with normal personnel procedure contained in OPM regulations, agencies can enter and effectuate the terms of those settlements. 8G. Treatment of Mixed Cases by the Merit Systems Protection Board: Procedure and Substance 8H. Effective Settlement Techniques and Drafting Enforceable Settlements This session will focus on settlement techniques in the specific context of Federal-sector EEO negotiations. Because parties in Federal sector cases may be hampered in settlement negotiations due to the overlay of statutes, regulations and Agency rules, a party's representative must know how to deftly craft proposals or counter proposals which satisfy client interests while recognizing the realities of restrictions posed by law, rule or regulation. This session will explore typical issues which arise in settling EEO cases, and how to negotiate the best resolutions, with consideration of appropriate "fall back" positions. The session will also focus on the EEOC's requirements to have a legally binding agreement, not susceptible to being voided for legal insufficiency, vagueness, etc. 9A. Avoiding EEO Pitfalls In Security Clearance Revocation Cases 9B. Conducting Thorough EEO Investigations in the Federal Sector and Preparing a Meaningful Report of Investigation (ROI) In this seminar, students will be presented with legal theories behind the questions s/he poses when investigating discreet cases. For instance, when investigating a disability case, students will be taught how to break down the investigation into an inquiry into the impairment, the major life activity at issue, the limitation of the impairment on the major life activity at issue, etc. Similarly, when investigating a harassment case, students will be taught how to ask questions streamlined to the legal theories of tangible job action and/or hostile work environment; employer based harassment and co-worker based harassment, etc. Students will be presented with take-away model questions to serve as guides in their investigations, including detailed compensatory damages questions. 9C. MD-715 Instructions Update Session 9D. Assessing the Workplace for a Climate Change "Understanding and Leveraging Generational Differences in the Workplace". Learn how employees of four generations differ in today's workplace due to their socialization while growing up in the United States. While this type of workplace diversity can mystify differing generations, find out how we can better value the unique work habits, career goals and communication styles through understanding and leveraging their qualities. Participants will learn about the characteristics of the four generations, the years and historical events that defined them, their workplace values and trends, and most importantly, how leaders and managers can leverage these characteristics to the advantage of the employees' and organization's mission and goals. 9E. Effectively Processing 3rd Party (Contractor) Complaints This workshop will focus on how to determine if a contract worker is also an employee of the Federal government and how an Agency should process complaints filed by contract workers. This workshop will answer questions such as: Should contractors receive EEO counseling and have access to the Agency’s mediation program?; How do we determine if a contract worker is also a Federal employee under relevant legal precedent?; When and how should an Agency’s Civil Rights Office accept or dismiss claims filed by contract workers?; What kind of information is required to determine if a contract worker is also an employee of the Federal government?; How should an Agency handle a performance or conduct issue with a contract worker?; and How should an Agency handle a reasonable accommodation request from a contract worker? 9F. Writing Timely and Effective Final Agency Decisions: a FAD Writer’s Perspective The goal of this workshop is to educate and motivate agency FAD-writers. Writing a Final Agency Decision is one of the highest responsibilities of an EEO Specialist. The outcome of the decision can have a profound effect on the complainant’s life, not to mention the managers and other individuals inevitably entwined in the incidents raised in the complaint. However, FAD writers may feel that other pressures may prevent them from giving complaints the attention they deserve. Some FAD writers may feel that time constraints make it impossible to conduct detailed factual and legal analyses. Others may feel that office politics make it a predetermined outcome that a finding of no discrimination must be issued. This workshop will seek to explore those pressures and reconcile them with our responsibilities as FAD writers. The end result will better enable practitioners to produce quality, timely FADs while constantly developing themselves professionally. 10A. Employment Discrimination Protection for Sexual Orientation and Gender Identity 10B. Uniformed Military Supervising Employees The interaction between civilian employees and military supervisors presents distinct challenges in navigating workplace disputes. One unique issue is how military supervisors approach formal and informal discrimination complaints by their civilian subordinates. This presentation will illustrate examples of workplace frictions between military personnel and their civilian subordinates and how EEO complaints by civilian contractors are handled by the employing agency. In particular, what civilian managers and EEO professionals need to know about agency liability for the acts of uniformed military personnel supervising civilians, and vice versa. Recent case law from the Commission and Federal courts will be utilized, and the various theories under which liability can be established against agencies, including the “joint employer” concept, will be discussed. Ultimate courses of action will be recommended from the side of the civilian and military personnel. Special attention will be paid to the challenges presented in combat work environments. 10C. Shedding Light on Hidden Disabilities Learn accommodation strategies for hiring, retaining and promoting employees with hidden disabilities. The instructor will describe typical hidden disabilities effecting employees in the workplace such as learning disabilities, mental health impairments, diabetes, epilepsy and respiratory disorders. Participants will have the opportunity to ask accommodation questions. 10D. Emotional Intelligence as a Motivating Factor in Mediator Effectiveness The mediator's emotional intelligence (EI) is what provides him or her with a sense of timing, knowing when and when not to intervene during an unfolding conflict. These skills surface by exploring one's own awareness that will allow the mediator to be fully present during the interaction. Mediators with high EI can also be positive role models for the parties and can help the parties move more positively through the process. If a mediator, facilitator, or trainer is unaware of the effect that his/her behavior, thoughts, or beliefs can have on those they are interacting with, the result can be detrimental and disempowering. A key in developing skills to work with emotion is increasing our comfort with emotion. Learning more about our emotional intelligence is an empowering process as it increases our internal strength. The more inner strength and knowledge we have, the greater our ability to be compassionate, understanding and empathic. 10E. Compliance Training: Why Teaching the Law Alone Just Won’t Do It The purpose of civil rights laws is to eliminate discrimination in the areas addressed by Federal statutes and the purpose of training should be to change behavior in line with these laws. However, much of today’s training focuses solely on communicating information. In a compliance-focused workplace, information is important, but it’s not enough. Government employees need to understand the rules and understand how such rules affect workplace productivity and professionalism. For people to change their behaviors, especially those dealing with compliance issues, they have to be motivated to change and provided with simple rules linked to job performance. In this interactive session, former EEOC trial attorney and ELI® CEO Steve Paskoff, Esq., will demonstrate how effective training provides leadership skills that impact behavior, especially when dealing with workplaces that are disaffected and disengaged. He’ll also provide a roadmap for training that assures learning that translates into behavioral change. 10F. Practical Solutions to Real EEO Problems: Manager Accountability & Performance Plans, Leading Practices, Remedying Deficiencies & Other Relevant EEO Topics This course will provide an overview of the latest Federal sector case law on retaliation and also provide practical tips for Federal agencies to avoid unlawful practices. Specifically this course will focus on: the U.S. Supreme Court decision in Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006); EEOC COMPLIANCE MANUAL Number 915.003 (5/20/98); the most recent EEOC case law applying the "interference with the EEO process" standard; Best practices for a Federal agency to avoid liability, particularly with regard to per se violations. SPECIALTY TRACK – ADVANCED MEDIATIONS Strongly Recommended: Completion of one (1) multi-day basic mediation training course Conducted at least 10 mediations Limited to 40 participants maximum Participants for this track MUST attend 10 of the 12 sessions to receive a certificate of attendance/completion. Workshop Descriptions below: 1J. "Generations Apart" - Age is Not Just a Number (CLOSED SESSION) The Generations Apart Workshop examines the various generational issues affecting relationships and productivity in the workplace. The differences are always intriguing, often confusing, and occasionally exasperating. This workshop will help you understand and effectively manage the generational differences. Our attitudes, language, actions, ideas, practices and perspectives are profoundly influenced by the cultural values and mores developed during our youth. Understanding one another is integral to an organization’s success. The savvy modern manager understands this and creates a work environment that is equally appealing to Generation X, Generation Y, and the Boomers. It is a delicate balance indeed! The “one size fits all” model is long gone. The instructor will provide an entertaining and informative presentation using generational music, personal experiences, historical statistics, iconic figures, and mainstream media campaigns. Attendees will depart with a better understanding of themselves, their colleagues, and their family and friends. 2I. Fairness as a Mediation Tool Creating the perception of fairness in an emotionally charged mediation is often a very difficult. Recent studies can shed great insight into altering an individual’s sense of fairness through careful listening strategies. Workshop participants will learn about the study and how to apply the concept to a mediation. 3I. Mediator Styles: Are You Facilitative, Elicitive, Evaluative, Directive, or Some or All of the Above? Much has been made of Professor Leonard Riskin’s “grid” of mediator styles. He maintains that a good mediator should be able to mediate in any style that the parties require. Is that true for you? Are you only directive/evaluative, only elicitive/facilitative, or both? Do you know what these terms really mean? Can you adapt your style to the case at hand? Should you? This inter-active workshop is for experienced mediators to reflect on their mediation style(s), become familiar with the nuanced distinctions between facilitative and evaluative mediation, and consider expanding their skill-set to adapt to the increasingly challenging variety of cases mediators face today. 4I. Culturally Appropriate Alternative Dispute Resolution There are many different forms of alternative dispute resolution. The dominant one originated in the US, and incorporates Euro-American values. Much of ADR in the EEO field is done between groups with different cultural, racial, and ethnic backgrounds. The mediator must often struggle to keep the table level between the parties. One way to be sensitive to the needs of the parties is to use ADR methods that are based in traditional methods. The presenter has worked with Native Americans in the Pacific Northwest and studied a variety of ADR methods used around the world. The systems have pros and cons. They can be used to empower a party who normally has little power, and to bring greater understanding to the dominant culture party. Some of these traditional systems have meaningful enforcement and monitoring methods built in. They are also respectful of the belief systems of the people involved. 5I. Drafting Settlement Agreements Settlement should be the end of a case. Unfortunately, it is too often the beginning of compliance proceedings, most of which could be avoided with clear, concise, and legally enforceable settlement agreements. This session discusses the problematic clauses to avoid, clauses that should be included, and drafting clear, concise, and legally-enforceable settlement agreements. 6C Ethical Considerations in Mediation Ends at 5:30PM* Understanding the ethical expectations required when conducting a mediation is essential to the mediation process. This interactive workshop will review the generally accepted ethical obligations for mediation. 7I. Emotional Intelligence as a Motivating Factor in Mediator Effectiveness The mediator's Emotional Intelligence (EI) is what provides him or her with a sense of timing, knowing when and when not to intervene during an unfolding conflict. These skills surface by exploring one's own awareness that will allow the mediator to be fully present during the interaction. Mediators with high EI can also be positive role models for the parties and can help the parties move more positively through the process. If a mediator, facilitator, or trainer is unaware of the effect that his/her behavior, thoughts, or beliefs can have on those they are interacting with, the result can be detrimental and disempowering. A key in developing skills to work with emotion is increasing our comfort with emotion. Learning more about our emotional intelligence is an empowering process. It increases our internal strength. The more inner strength and knowledge we have, the greater our ability to be compassionate, understanding, and empathic. 8I. Enough Already! Dealing with Bullying Behaviors in the Workplace Ever come across allegations of workplace bully or a bad manager in the Federal workplace? This interactive workshop will explore the avenues that such challenges may come across your desk. By providing guidance from real life scenarios where conflict resolution services were utilized, this session will focus on identifying workplace bullying conflicts and appropriate conflict resolution tips. Through the use of lecture and case scenarios, this interactive session will focus on preparing individuals for workplace bullying scenarios in the Federal sector. Register early for this session. Limited space will be available to maximize participant interaction and discuss various workplace challenges that arise from “adults behaving badly.” 9I. Mock Mediation - Role Plays 10I. Mock Mediation - Role Plays 11I. EASE Initiative – EEOC Philadelphia District Office Pilot Settlement Program 12I. Open Discussion/ Best Practices SPECIALTY TRACK – HEARINGS PREPARATION Preference is given to registrants who are: Attorney, representatives at EEOC Hearings, Human Resources Officials and Union Officials. Limited to 40 participants maximum Participants for this track MUST attend all sessions to receive a certificate of attendance/completion. Workshop Description: The Hearing Preparation Skills Training and Mock Hearing course is designed to train attorneys, complainants, agency representatives, human resources employees and union officials in representing a party - either a complainant or an agency - in preparing for an EEOC hearing and in presenting the party’s case at an EEOC hearing before an Administrative Judge. The participants are divided into two legal teams, each representing either a complainant or an agency. Each team will be coached by experienced presenters who will assist team members in performing the various tasks required to prepare for and present a case at an EEOC hearing. The course is designed as a three-day training module, over the course of which participants will learn how to fully prepare for an EEOC hearing and will present their cases at a mock hearing during the final session. 1I. Evaluating and Preparing the EEO Claim Witness 2K. Hearings Preparation I See description above 5G. Drafting Effective Summary Judgment Motions 6I. Hearings Preparations II See description above 7B. Procedural Dismissals for the Busy Professional A "Reader's Digest" version of OFO's newly revamped (2-day) 2010 "Drafting Letters of Acceptance & Dismissal Decisions" training. This class is a highly interactive, one and one half hour roller coaster ride through the most used complaint dismissal regulations under 29 CFR Section 1614.107. After a very brief look at letters of acceptance, the remainder of the session will focus on the use of the highlighted dismissal regulations from the perspective of EEOC's Office of Federal Operations. This session will explain the basics, and the nuances, of an agency's use of the Commission's dismissal regulations, as well as the evidence necessary to sustain a procedural dismissal. 8G. Treatment of Mixed Cases by the Merit Systems Protection Board: Procedure and Substance 9G. Mock Hearing I See description above 10G. Mock Hearing II See description above SPECIALTY TRACK – MD715 :ADVANCED BARRIER ANALYSIS (New in 2010) Prerequisites Basics of MD 715 or Experience in preparing MD-715 Report Limited to 40 participants maximum Participants for this track MUST attend all sessions to receive a certificate of attendance/completion. Workshop Description: This workshop is the equivalent of EEOC’s three-day course in advanced barrier analysis. The first session comprises a review of the steps in the barrier analysis process: identifying triggers; gathering information sufficient to establish a connection between triggers and possible barriers; identifying potential barriers; developing action plans to eliminate those barriers; and assessing the results of action plans. In the second session, participants will briefly review the techniques for analyzing and interpreting workforce data tables. In the remaining sessions, participants will be presented with several scenarios involving workplace policies, practices, procedures, or conditions at a fictitious Federal agency. In each of those scenarios, participants will be given a trigger. They will be required to look for documents and obtain statements from various individuals who have knowledge of the situation, and will have to do so under the less-than-ideal conditions that typify a Federal workplace. Once they have acquired sufficient information, they will prepare a Part I for inclusion in the fictional agency’s MD-715 report to be submitted to EEOC. SPECIALTY TRACK - BASIC MEDIATION TRAINING FOR NEW MEDIATORS (New in 2010) Prerequisites: Prior knowledge of the Federal EEO process and EEO laws. Limited to 40 participants maximum Participants for this track MUST attend all sessions to receive a certificate of attendance/completion. Workshop Description: This workshop is the scaled down version of EEOC’s five-day course in Basic Mediations. The workshop will provide participants with the tools and techniques to become an effective Federal mediator. Participants will learn how to make procedural suggestions to help parties reach an agreement and what substantive options mediators may use to expand the range of possible resolutions under consideration. Participants will gain practical experience in mediation techniques using a variety of scenarios, simulations and exercises.