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David B. Cohen is President of DCI Consulting Group Inc, and Senior Vice President of The Center for Corporate Equality (CCE). He provides consulting services to employers and management law firms on a wide range of human resource risk management strategies, particularly in the areas of EEO/affirmative action program development, systemic compensation statistical analyses, comprehensive human resources self-audits, and employee selection and test validation.
Recognized as a national EEO and affirmative action compliance expert, Mr. Cohen speaks frequently before corporate leaders from Fortune 500 companies, and at regional and national ILG conferences and OFCCP events. In 2006, he co- authored a book entitled “Understanding Statistics: A Guide for I/O Psychologists and Human Resource Professionals,” which was published by Thomson Wadsworth. Mr. Cohen is also the Associate Editor of the Applied HRM Research.
David S. Fortney is a co-founder of Fortney & Scott, LLC, a Washington, D.C.-based law firm counseling and advising clients on the full spectrum of work-place related matters. Fortney & Scott, LLC has been recognized as a leading management employment law firm in the highly prestigious “Best Law Firms” survey for 2011–2013 by U.S. News & World Report and Best Lawyers for Washington, DC.
Mr. Fortney’s OFCCP practice includes representing and counseling federal contractors nationwide on complying with contractors’ nondiscrimination and affirmative action obligations enforced by OFCCP. He regularly advises and represents clients facing audits by OFCCP, including OFCCP’s compensation audits, desk audits, on-site reviews, audits of Functional Affirmative Action Programs, and preaward compliance evaluations.
Mr. Fortney has consistently been recognized by numerous surveys and organizations, including CHAMBERS USA, Washington, DC Super Lawyers, The Best Lawyers in America, and Washington DC’s Best Lawyers, as one of the leading employment lawyers in Washington, DC.
Mickey Silberman is the Managing Partner of Jackson Lewis LLP’s Denver office and is the Chair of the firm’s Affirmative Action Practice Group. He represents management in all areas of employment law and specializes in EEO, Affirmative Action/OFCCP and Diversity. Mickey and the practice group annually prepare more than 2,250 AAPs for employers in all industries and across the country. Mickey directs the defense of hundreds of OFCCP audits and investigations each year, including corporate management reviews. This high volume of audit defense keeps him on the “cutting edge” of OFCCP’s rapidly evolving enforcement trends. Mickey spends much of his time counseling employers on complex “real world” issues relating to EEO and affirmative action compliance and diversity. He also is General Counsel the National Industry Liaison Group (NILG) Board, a national association of employers with federal contracts and affirmative action obligations.
As the Director of The Institute, Ms. Kelly’s responsibilities include the continued provision of critical updates on federal contractor obligations and the expansion of The Institute’s programs and services to assist employers in complying with their legal workplace obligations. Ms. Kelly works closely with employer members as well as the Institute’s Co-founders, Counsel, the Advisory Board, and national Faculty. Ms. Kelly brings extensive experience and expertise in human resources and legal compliance matters to the Director position. Prior to joining The Institute, Ms. Kelly was an AVP and compliance consultant for Wells Fargo’s Regulatory Compliance Risk Management team. During her 21 years with Wells Fargo, Ms. Kelly also managed the Affirmative Action & EEO program, including related OFCCP audits and corporate management reviews, and held several HR positions, including an HR controls compliance consultant and an HR Generalist.
Eric M. Dunleavy, Ph.D.,is a Principal Consultant at DCI Consulting Group, where he is involved in equal employment opportunity audit and litigation consulting. He also serves on staff with the Center for Corporate Equality (CCE), which is a national nonprofit employer and research association based in Washington, D.C. Eric’s primary areas of expertise are in employee selection, employment testing, validation research, adverse impact analyses and other quantitative methods. His most recent work has focused on advanced quantitative analyses for assessing adverse impact and on selection procedure validation research in the context of OFCCP enforcement. Eric received his M.A. (2002) and Ph.D. (2004) in Industrial/Organizational Psychology with a concentration in data analysis from the University of Houston.
Jon A. Geier, Esq., is a partner in the Employment Law practice of Paul Hastings and is based in the firm’s Chicago office. Mr. Geier represents employers in all aspects of labor and employment law, but focuses his practice in three specific areas. First, Mr. Geier advises federal contractors on their obligations under Executive Order 11246 and related statutes and regulations. He assists contractors in preparing, implementing, and maintaining affirmative action plans and advising them with respect to compliance evaluations by the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”). Second, Mr. Geier has extensive experience conducting privileged diagnostics of employment processes, and advising employers on remedial strategies including diversity/inclusion programs. He also has substantial experience working with employers on pay equity studies and remediation. Finally, Mr. Geier represents airlines on labor issues arising under the Railway Labor Act, including matters involving corporate restructuring, as well as litigation under Section 1113 of the Bankruptcy Code.
Shafeeqa Watkins Giarratani, Esq., is co-managing shareholder of the Austin office of Ogletree Deakins. Shafeeqa represents employers in federal and state court and before administrative agencies and regulatory agencies such as the Equal Employment Opportunity Commission, the Texas Workforce Commission, and the Office of Federal Contract Compliance Programs. Shafeeqa specializes in federal contractor compliance and regularly advises clients on affirmative action matters, from preparing compliant affirmative action plans through handling the conciliation process with the OFCCP. Shafeeqa has been recognized in the Chambers USA Guide for Labor and Employment and was named as “Texas Rising Star.” Shafeeqa graduated from Harvard College and Harvard Law School, both with honors.
Valerie J. Hoffman, Esq., is a partner in the Chicago and Los Angeles offices of Seyfarth Shaw LLP. She is the founder and Chair of Seyfarth Shaw’s Affirmative Action & Diversity Consulting Team. She has more than 30 years of experience in labor and employment law, with particular emphasis in the area of affirmative action compliance and employment discrimination. Her national practice encompasses strategies to prevent employment discrimination litigation, affirmative action compliance, pay equity issues nationally and globally, glass ceiling issues, legally defensible national and global diversity programs and metrics, best practices in employment screening, implementation of OFCCP-compliant applicant tracking systems, and change management. She has helped hundreds of clients leverage their compliance materials as management tools to map trends and spot issues for prevention of litigation and process improvement opportunities. Ms. Hoffman is nationally recognized as a thought leader and routinely quoted in the national press on these topics, and is in wide demand as a speaker and counselor.
Christy’s practice focuses on affirmative action and audit defense before the OFCCP. She has extensive nationwide experience defending audits for clients in a variety of industries, including defense, finance, healthcare, food services, retail, manufacturing and construction. Christy advises contractors on a wide range of legal requirements related to affirmative action, and offers pragmatic, real-world solutions for implementation. She oversees the preparation of hundreds of annual AAPs. And, Christy has developed an equal pay practice that includes proactive pay equity analyses for both federal contractors and non-contractor employers. She guides companies through each stage of an equity review, from the identification and collection of pay factors, to sophisticated statistical analyses, to interpretation of results, to action steps and/or adjustments.
Christy enjoys conducting management and supervisor training on a wide range of legal and practical employment issues, including OFCCP compliance and AAP best practices. She is a contributing author to the Hunton Employment & Labor Law Perspectives blog.
Christy’s work also includes substantial employment litigation in federal and state courts, and administrative practice before the Equal Employment Opportunity Commission, and advice to business management and in-house counsel on a full range of employment issues. Her primary litigation focus is EEO (discrimination, retaliation and harassment), as well as wrongful discharge and defamation, including appeals. She has litigated cases under the major federal employment statutes, Title VII, Section 1981, ADA, ADEA, FMLA, USERRA, and ERISA.
Leigh M. Nason, Esq., is a shareholder in the Columbia, South Carolina office of Ogletree, Deakins, Nash, Smoak and Stewart, P.C., and chairs the firm’s Affirmative Action/OFCCP Compliance Practice Group. She currently devotes the majority of her practice to representing federal contractors and subcontractors in compliance evaluations and administrative enforcement actions triggered by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Ms. Nason has counseled educational, construction, financial, food processing, healthcare and pharmaceutical, transportation, hospitality, manufacturing, and technology employers around the country on the preparation, management, and defense of their affirmative action programs and related matters, including jurisdictional analyses and preventative strategies.
Ms. Nason is routinely involved with investigating and resolving systemic discrimination issues stemming from statistical disparities in hiring, compensation, and testing and has extensive experience negotiating and defending allegations of back pay liability and other sanctions imposed by OFCCP. She has also advised employers on compensation analyses and audits, diversity and inclusion metrics and strategies, and EEO-1/VETS-reporting issues. Ms. Nason has litigated numerous discrimination claims before federal and state courts and administrative tribunals.
Jennifer L. Seda, our beloved friend and colleague, passed away on November 16, 2016.
Jennifer L. Seda was a Principal in the Denver, Colorado, office of Jackson Lewis P.C. Jennifer oversaw the preparation of hundreds of affirmative action plans each year and defended numerous OFCCP audits, including on-site reviews, corporate management (“glass ceiling”) reviews, and on-sites. In addition, she worked with employers in all industries to direct proactive systemic pay analyses and in response to internal complaints, EEOC investigations, OFCCP audits, and litigation. Jennifer also helped employers prepare privileged statistical analyses in response to EEOC systemic discrimination investigations. Jennifer cherished her role as a trusted advisor to clients and EEO employer associations – all of which she served with passion, joy and great skill.
Jennifer was renowned for her talent, insight, leadership, collaborative spirit and unfailingly positive attitude. She also was a caring and attentive mentor to many attorneys and staff.
Jennifer is survived by her husband and two young sons. Our thoughts are with her family and friends.
At Jackson Lewis, Jennifer worked with a team of Ph.D. and Master’s level statisticians to prepare privileged EEO pay analyses to defend employers in OFCCP audits, EEOC investigations, in response to internal complaints, and litigation. Jennifer also worked with numerous employers every year to proactively analyze their pay systems, including base pay, merit increases, bonuses, and executive incentive compensation.
In addition, Jennifer specialized in the preparation of statistical analyses to use in defending claims of systemic discrimination and in assisting employers in the development and implementation of employer applicant tracking systems (“ATS”) and strategic disposition codes. She helped employers develop and implement systems that strike a balance between the applicant tracking system’s purpose) and the employer’s compliance obligations. Jennifer regularly conducted HR and recruiter training on recruiting and requisition best practices designed to get recruiter “buy in” and strategically protect the organization using the ATS.
Leslie E. Silverman, Esq., is a shareholder at Fortney & Scott, LLC where she counsels and advises clients on complying with workplace laws, dealing with the Equal Employment Opportunity Commission, other government agencies and Congress, and on a wide range of workplace issues, including employment screening and diversity and recruitment and retention programs. Ms. Silverman also conducts workplace investigations and represents clients before the EEOC and other government agencies.
Ms. Silverman served as the Vice Chair of the U.S. Equal Employment Opportunity Commission until September 2008, and as a Member of the Commission starting in 2002. As a Member of the EEOC, Ms. Silverman oversaw the development and approval of enforcement policies, authorized litigation, and issued Commissioner’s charges of discrimination. While at the Commission, Ms. Silverman initiated and led the EEOC’s Systemic Task Force, which examined the EEOC’s efforts at combating systemic discrimination. In April 2006, the Commission unanimously adopted the Task Force recommendations. Ms. Silverman also helped spearhead the Commission’s examination of discrimination against workers with caregiving responsibilities, and this effort culminated in the issuance of EEOC enforcement guidance. During her tenure on the Commission, Ms. Silverman led an effort to expand and enhance the EEOC’s mediation program in partnership with the American Bar Association.
Gary R. Siniscalco, Esq., based in the San Francisco office, is a member of the employment law group. Orrick’s Employment Law and Litigation group was recently named Labor & Employment Department of the Year in California by The Recorder, the premier source for legal news, in recognition of their significant wins on behalf of leading multinational companies on today’s most complex and challenging employment law matters.
Mr. Siniscalco has developed special expertise in equal opportunity, affirmative action (OFCCP) compliance, wrongful discharge, wage-and-hour matters and in working with companies on cross-border employment issues. His practice involves both employment litigation and counseling. He has handled numerous class actions, pattern and practice cases and government audits, in court and before the EEOC and Department of Labor.
Paul F. White, Ph.D. is a labor economist and the founding partner of the Washington, D.C. office of Resolution Economics Group. Since 1993, his practice has focused on the economic and statistical aspects of employment discrimination matters, including compensation, hiring, promotions, and terminations. Dr. White’s labor and employment practice includes EEOC investigations, OFCCP investigations of federal contractors, proactive monitoring of compensation and employee selections, economic damages (single-plaintiff, multi-plaintiff, and class actions), union contract negotiations, and NLRB hearings. His practice also covers the statistical aspects of wage and hour matters, including typicality and commonality analyses for class certification, misclassification, off-the-clock work, management edits, and other quantifiable issues. Additionally, Dr. White has conducted analyses on mutual fund trading practices, asbestos exposure, and prescription drug pricing. Dr. White has testified numerous times in local, state, and federal courts.
Christopher Wilkinson, a Washington, D.C., employment partner, maintains a broad practice in labor and employment, health and safety, government relations and administrative law. Chris most recently served as Associate Solicitor for Civil Rights and Labor-Management. In that role, Chris was the senior career civil rights and labor management lawyer for the Department of Labor providing advice on regulatory, policy and enforcement matters for seven DOL agencies including the Department’s Office of Federal Contract Compliance Programs, Civil Rights Center and Office of Labor Management Standards.
Chris counseled the Department on a broad array of equal employment opportunity regulatory and policy initiatives and advised on a wide range of constitutional and statutory matters in federal courts including the Supreme Court of the United States. In addition to EEO matters, Chris led the Solicitor Office’s union election and reporting enforcement work, counseled on transit labor certification matters and advised on appellate matters related to labor union practices.
Chris is an active member of the America Bar Association, having presented on numerous federal contractor compliance, LBGT and compensation discrimination topics at the ABA Conference on Equal Employment Law.
W. Carter Younger, Esq., is currently Counsel in the Richmond, Virginia office of McGuireWoods LLP, where he has been a partner for over 35 years. He represents management in the areas of employment discrimination litigation, international employment, union-management relations and government regulation of the employment relationship. A principal focus of his practice involves compliance, audits and litigation with the U.S. Department of Labor, Office of Federal Contract Compliance Programs.
Mr. Younger is a Fellow of the College of Labor and Employment Lawyers (class of 1998). He is listed for labor and employment law in Best Lawyers in America (since 1987), Chambers USA (since 2006), Virginia Super Lawyers, and the International Who’s Who of Management Labour and Employment Lawyers. Among other publications, he is the author of the Labor Law chapter of the Thompson/West multi-volume treatise Business and Commercial Litigation in Federal Courts.