Morgan Epperson helps employers with OFCCP Compliance and Government Reporting, Pay Equity, and Diversity, Equity, Inclusion, and Belonging. During a stint in human resources in the hospitality industry, Morgan realized the tremendous amount of work involved in recruiting and retention. This combination of legal experience and people management underpins her pragmatic advice and counsel to employers facing today’s complex workplace challenges.
OFCCP Compliance and Government Reporting
Morgan advises federal contractors and subcontractors in manufacturing, construction, health care, financial, and other industries, throughout the United States, including:
- Translating complex reporting and compliance obligations into best practices for applicant, payroll, and information-systems data management and analysis; and recruiting, hiring, and compensation, including the use of artificial intelligence
- Analyzing coverage under federal regulations enforced by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP)
- Providing practical training to managers, human resources professionals, and talent acquisition teams on compliance obligations and best practices
- Preparing affirmative action programs (AAPs) and functional AAPs, for supply and service contractors, along with in-house data analysts, that include job group mapping, applicant-disposition analysis, establishment structure, utilization analyses, regulatory compensation analyses, and disparity analyses of hiring, promotion, and termination data
- Identifying data integrity errors and, under the attorney-client privilege, developing analytical methodologies to resolve statistical indicators of potential discrimination
- Helping construction contractors and subcontractors navigate the 16 affirmative action steps and develop and implement compliance programs
- Preparing Section 503/Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) AAPs
- Advising employers on strategically integrating diversity, equity, and inclusion efforts with contractor compliance requirements
Morgan’s aids employers with various government reporting obligations, including:
- EEO-1 Reports
- VETS-4212 reports
- OFCCP Contractor Portal
- State pay reports
- Surveys from the U.S. Bureau of Labor Statistics, the U.S. Census Bureau, the U.S. Department of Defense, and other agencies
- Working with agencies and employers to ensure the accuracy of information needed for submission to federal, state, and local pay or other reports
Morgan brings her litigation experience to defend both construction and supply and service clients in OFCCP audits and compliance reviews, including:
- Challenging jurisdiction and coverage under the federal government contracting regulations
- Drafting and compiling desk audit submissions and responses to follow-up requests and on-site review notices
- Defending overreaching requests for documents, data, and information
- Avoiding and/or coordinating on-site reviews with agencies
- Rebutting preliminary findings of technical violations and/or substantive discrimination issues
- Identifying and aiding with correcting notice and poster deficiencies on contractors’ career websites and at worksites
- Preparing contractors for onsite reviews
Diversity, Equity, Inclusion, and Belonging
Morgan aids clients in creating, implementing, and managing legally compliant Diversity, Equity, Inclusion, and Belonging (DEIB) programs, including:
- Partnering with statisticians to analyzing data to find meaningful DEIB metrics and benchmarks, including analysis of employment practices, including hiring, pay, promotions, and discharges
- Performing diagnostic assessments of DEIB performance, including climate surveys and organizational analyses
- Developing and implementing strategic plans to integrate DEIB, build DEIB systems, and draft related policies and internal and external communications
- Helping clients navigate state and federal laws related to DEIB programs, including evaluating programs for legal risk, and advising how to mitigate risk
- Providing practical training to managers, human resources professionals, and talent acquisition teams on DEIB best practices
- Guidance concerning the development of DEIB initiatives related to Environmental, Social, and Governance (ESG) for public and private companies
Pay Equity
Morgan advises manufacturing, health care, financial, higher education, and other clients, on proactive measures and compensation best practices to prevent and defend pay discrimination claims, including:
- Analyzing compensation structures for potentially tainted variables
- Partnering with experienced labor economists and statisticians to help clients conduct proactive, privileged pay audits, including in response to internal complaints, litigation, and pressure from internal stakeholders
- Advising clients on the ever-increasing number of state-specific laws related to pay equity and transparency
- Advising clients on communicating the results of proactive, privileged pay audits while maintaining the attorney-client privilege
About Morgan
During law school, Morgan interned at the Equal Employment Opportunity Commission and the United States District Court for the Northern District of Alabama. She graduated from the University of Alabama School of Law, where she served on the Alabama Law Review, the National Labor and Employment Law Moot Court Team, and the John C. Campbell Moot Court Board. Morgan graduated magna cum laude from the Harrah Hotel College at the University of Nevada Las Vegas, ranked one of the world’s best colleges for Hospitality & Leisure Management.
Morgan serves on the Executive Board of the Women Lawyers Section of the Birmingham Bar Association, and on the Junior Board of Hand in Paw, an animal-assisted therapy non-profit. Morgan is a member of the Military Spouse JD Network and the Tennessee Valley Industry Liaison Group. Morgan grew up in Dothan, Alabama, but lived in Okinawa, Japan; Las Vegas, Nevada; and Tuscaloosa, Alabama before making Birmingham home. Morgan loves to travel, watch University of Alabama football, and spend time with her family, her always-anxious basset hound (Harley), and her shelter-cat (Beans).
