Navigating COVID-19 Safety Practices as a Federal Manager
As the COVID-19 virus continues to spread across the United States, the federal government is instituting safety policies and imposing non-compliance-based discipline on its employees. For instance, as we have previously detailed, the Biden administration established a mask mandate across the federal government. Federal managers have now been tasked with enforcing these new safety protocols, including the mask mandate. Implementing these new practices have created unusual difficulties for federal managers.
Recent guidance from the interagency Safer Federal Workforce Taskforce suggests that managers can impose discipline on non-compliant employees including “possible placement of the employee on notice leave during the required period before effecting a suspension.” Unfortunately, federal managers have been put in what can feel like a lose-lose situation—how will you enforce mask-wearing and social distancing among your subordinates while still maintaining an effective workforce? If you don’t properly enforce the guidelines, you yourself may be subject to agency discipline. But, if you are forced to discipline an employee or multiple employees for non-compliance, you risk undermining the office’s effectiveness or prompting a complaint from the disciplined employee(s). As a federal manager, implementing and enforcing these new workplace mandates increases your exposure to administrative risks.
Federal managers must be ready to properly deal with objections by employees to the newly implemented safety practices, especially those made on medical or religious grounds. Like with any mandate, your role in enforcing COVID-19 safety practices will likely make you the target of a number of allegations, such as First Amendment suppression allegations, EEO complaints, workplace safety violations, other Constitutional allegations, and complaints of workplace discrimination. Even if your actions are in accordance with federal mandates and these allegations are ultimately unfounded, you will still suffer the emotional and financial tolls of defending yourself.
Federal managers can protect themselves against allegations with professional liability insurance (PLI). FEDS Protection’s PLI policy provides $200,000 of legal representation coverage per incident for administrative actions, including EEO complaints, disciplinary actions, and proposed removals arising out of the performance of a professional service. For criminal investigations, FEDS provides $100,000 of coverage for defense costs. We offer policies with $1 million or $2 million in civil liability protection for legal fees and indemnity costs in the event you are sued in your civil capacity. Annual premiums for FEDS Protection PLI start at $290, which is less than it can cost to hire a federal employment lawyer for an hour. Additionally, federal managers are eligible for a reimbursement of up to 50% the cost of their PLI policy through their agency. To learn more about how a FEDS PLI policy can protect you and your career, visit http://www.fedsprotection.com or call (866) 955-FEDS, M-F 8:30am-6pm to speak directly to a representative.
*This article is provided for informational purposes only and does not constitute legal advice.