Mickey Silberman, Co-Chair of The Institute, is a Shareholder with Fortney & Scott, LLC and Chair of the firm’s Affirmative Action & Pay Equity Practice Group. For more than 20 years, Mickey has represented management in all areas of employment law, specializing in pay equity, OFCCP compliance and audit defense, affirmative action and EEO, and diversity and inclusion.
Recognized as a national expert in the areas of pay equity and systemic pay discrimination, Mickey works closely with clients and a team of statisticians to prepare pay equity analyses both on a proactive basis and also in response to OFCCP and EEOC pay investigations and private pay litigation. He regularly defends employers against claims of systemic pay discrimination. Mickey also advises clients on pay system design and administration to identify and address often subtle or hidden barriers to pay equity.
In addition, Mickey annually has overseen the preparation of thousands of affirmative action plans for government contractors in all industries and across the country. He has directed the defense of hundreds of OFCCP audits, including many corporate management reviews. This high volume of audit defense keeps him on the “cutting edge” of OFCCP’s rapidly evolving enforcement trends. He often is asked to step in to defend OFCCP audits and investigations “gone wrong” and has a strong track record achieving great results in those audits. In fact, in the last 1,000 audits Mickey has defended, he has obtained Letters of Compliance-the best possible audit outcome-in more than 99.5% of the audits.