New OFCCP Sex Discrimination Guidelines: Key Actions You Must Take Before the August 15, 2016 Effective Date

About This Course:
Alert: Federal contractors and subcontractors have until August 15, 2016 to get in compliance with the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) newly issued final rule, Discrimination on the Basis of Sex.

The rule, which is expected to impact 65 million contract employees, including 30 million female contract workers, outlines the steps federal contractors and subcontractors must take to ensure that gender-based discrimination does not occur in their workplaces. This development marks the first time these OFCCP guidelines have been updated since 1970.

There is a strong business case for learning about these rule revisions. Employers that fully understand how to avoid gender-based discrimination in the workplace will be in a better position to defend against discrimination claims, including gender identity, sex-based stereotypes, sexual orientation, transgender status, pregnancy, childbirth and related medical issues.

Join us for an in-depth webinar when attorneys David Fortney, Elizabeth B. Bradley and H. Juanita Beecher will explain how the final rule will protect female contract workers against losing their jobs due to pregnancy, childbirth or other related accommodations.

You’ll also discover how the new guidelines affect family leave obligations, extend protections from gender-based stereotypes on the basis of childcare and family obligations, and provide open restroom facility access to transgender employees. Our panel of esteemed attorneys will explain exactly what federal contractors need to do ahead of the August 15, 2016 effective date to stay in compliance with the new discrimination guidelines.

Learning Objectives
  • Which employers and industries are affected by the OFCCP sex discrimination guidelines
  • What classifies as sex-based discrimination
  • The benefits these guidelines provide for employers and employees
  • Anticipated costs associated with getting in compliance
  • The major rule changes and how to alter policies associated with the rule
About Your Presenters

David Fortney, Esq.
Fortney & Scott, LLC

David S. Fortney is a co-founder of Fortney & Scott, LLC, a Washington, D.C.-based, woman-owned law firm counseling and advising clients on the full spectrum of workplace related matters, including employment discrimination and labor matters, compliance programs, government contracting, executive employment and compensation, international dispute resolution and counseling matters, and developing strategies for avoiding or responding to workplace-related crises. Mr. Fortney has a broad-based practice representing and counseling employers and executives in employment and labor matters, including equal employment opportunity requirements, wage and hour matters, federal contractor's affirmative action and non-discrimination obligations, collective bargaining, workplace health and safety, and pension and welfare benefits. He brings experience from the public and private sectors in advising clients on these issues, and he frequently represents clients before the U.S. Department of Labor's agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board. Mr. Fortney's litigation experience includes obtaining defense verdicts for employers in extended jury trials, as well as designing and implementing Alternative Dispute Resolution procedures to help resolve employment claims in an efficient and fair manner.

Before co-founding the firm, Mr. Fortney served as the chief legal officer of the U.S. Department of Labor in Washington, D.C. during the first Bush Administration. As Acting Solicitor of Labor, he was responsible for enforcing over 140 laws regulating the nation's workplaces and managing an agency with 800 attorneys and support staff. He advised Secretaries of Labor Elizabeth Dole and Lynn Martin and the Department of Labor's agencies on a broad range of legal, policy, legislative, regulatory and enforcement issues. The major Department of Labor agencies Mr. Fortney represented included the Wage and Hour Division, the Office of Federal Contract Compliance Programs, the Employee Benefits Security Administration, the Occupational Safety and Health Administration, and the Mine Safety and Health Administration.

Mr. Fortney has testified on several occasions before the U.S. Congress. He most recently testified on behalf of the national employers’ O.T. Coalition in support of the Department of Labor’s issuance of revised FLSA “white-collar” exemption regulations. He has also testified before a state legislative committee on wage and hour matters.

Mr. Fortney is a frequent lecturer and writer on employment-related topics, including appearances on CNN, CBS and Fox News.

Elizabeth B. Bradley, Esq.
Fortney & Scott, LLC

Elizabeth Bradley, a Shareholder at FortneyScott, has over 10 years of experience representing employers and federal contractors in litigation and mediation matters before state and federal agencies and courts, as well as counseling and training private, public, and non-profit employers in all aspects of employment law. Specifically, Ms. Bradley has extensive knowledge and experience in advising employers on wage and hour compliance under federal and state laws; litigating discrimination and retaliation claims advanced under Title VII, ADA, ADEA, and comparable state and local statues; counseling on ADA and FMLA compliance; advising and defending federal contractors in OFCCP compliance proceedings; conducting internal investigations involving discrimination complaints; performing wage and hour compliance reviews; drafting and negotiating employment agreements including non-compete and non-solicitation provisions; and advising employers on their obligations under the Patent Protection and Affordable Care Act (ACA). Prior to joining FortneyScott, Ms. Bradley represented and counseled employers in labor and employment law matters at Epstein, Becker & Green. She graduated from the University of Pittsburgh School of Law and is admitted to practice in Washington, D.C. and Pennsylvania, as well as in various federal courts. Ms. Bradley is an invited presenter for the Advanced Employment Issues Symposium 2016, where she will be discussing OFFCP compliance tripwires and pay data audits.

H. Juanita Beecher, Esq.
Fortney & Scott, LLC

Nita Beecher is a nationally recognized expert on Office of Federal Contract Compliance Programs (OFCCP) and U.S. Equal Employment Opportunity Commission (EEOC) matters. She is Counsel to Fortney & Scott, LLC with a focus on OFCCP regulatory affairs. Ms. Beecher's primary focus is labor and employment law with substantial experience with class investigations by the EEOC and OFCCP. She has more than 30 years of experience in labor and employment law particularly with class investigations by the OFCCP and the EEOC. From 2000 to 2015, Ms. Beecher led networks of senior diversity, EEO and affirmative action corporate practitioners as well as senior in-house labor and employment lawyers.

Ms. Beecher served as an in-house counsel in major corporations for more than 20 years where she advised in-house clients on labor and employment law issues including, among other matters, OFCCP "Glass Ceiling" audits, EEOC class age investigations, implementation of the ADA, and FLSA Wage and Hour audits, and developed a self-audit tool for McDonnell Douglas Corporation and The Boeing Company. Ms. Beecher also worked as in-house counsel for E. I. duPont de Nemours & Co., Consolidation Coal Company and Arch Coal Company.
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