Make Your Penalty Stand: Don’t Omit the Douglas Mitigating Factors

Douglas factors aren’t always aggravating

Time and time again deciding officials use the Douglas factors as a way to justify a penalty that has already been determined and only focus on the aggravating factors which consequently has their decision being overturned by MSPB. To avoid reversal, agencies need to consider and incorporate the often disregarded mitigating factors when preparing a decision letter.

In this 90 minute live seminar, you’ll learn directly from attorney Robert Erbe how to address the Douglas mitigating factors and draft decision letters that improve your likelihood of issuing effective, sustainable penalties. You’ll also benefit from Mr. Erbe’s experienced guidance on how to:

• Start a Douglas factor analysis
• Determine which Douglas factors are typically mitigating
• Handle when an employee raises a medical condition as a mitigating factor
• Determine whether a nexus has been established between the misconduct and the medical condition
• Effectively address disability-related claims using EEOC Enforcement Guidance