T. Scott Kelly

Shareholder Birmingham

Scott Kelly provides practical solutions for federal contractors and subcontractors across the United States to comply with the ever-changing affirmative action obligations imposed by doing business with the federal government.  He advocates on behalf of his clients in compliance evaluations and administrative enforcement actions triggered by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).  Mr. Kelly assists manufacturing, transportation, construction, food processing, hospitality, healthcare, and financial institutions with creative solutions for preparing, managing, and defending their affirmative action programs and related matters, including jurisdictional analyses and preventative strategies.  Mr. Kelly spends a majority of his time investigating and resolving systemic discrimination issues stemming from statistical disparities in hiring and compensation and helps find solutions to minimize back pay liability and other sanctions imposed by OFCCP.  Mr. Kelly has also litigated numerous employment-related claims before courts and administrative agencies.


Professional Activities and Speeches

Professional Activities:

  • American Bar Association (Labor and Employment Law Section, 2008-present; Member of Development Committee - Co-Chair, 2017-2018; Employer Co-Chair, Section Annual Conference Planning Committee, 2016-2017; Employer Vice-Chair, Section's Annual Conference Planning Committee, 2015-2016; Labor and Employment Law Committee Co-Chair, 2014; Co-Chair, Marketing Committee, 2012-2014; Co-Chair, Leadership Development Program Committee, 2010-2012; Co-Chair, Outreach to Younger Lawyers Subcommittee, 2010-2012; Membership Committee, 2010-2012; 2009 Leadership Development Program Participant; Track Coordinator, Annual Section Conference, 2010 and 2012)
  • American Bar Association (Young Lawyers Division, 2005-2010; Committee Director and Council Member, 2009-2010; Chair, Labor & Employment Law Committee, 2008-2009; Co-Chair, Labor & Employment Law Committee, 2007-2008; Vice-Chair, Labor & Employment Law Committee, 2006-2007; Labor & Employment Planning Committee, 2006-2010)
  • American Bar Association (Litigation Committee)
  • Alabama, Georgia and Birmingham Bar Associations
  • Alabama and Huntsville Industry Liaison Group Member
  • YMCA Mountain Brook Branch (Board Member, 2006-2010; Vice Chair, Strong Kids Campaign, 2007)
  • Girls Inc. of Central Alabama (Board Member, 2005-2007; Chair of Corporate Sponsorship Committee, 2007)
  • American Cancer Society (Junior Executive Board Member, 2004-2006)
  • Certified Green Belt in Legal Lean Sigma®
  • American Employment Law Council (2017)

Speeches:

  • Lorman Webinar - ''Complying with OFCCP Guidelines for Hiring People with Disabilities'' - August 31, 2017
  • Alabama ILG - ''Affirmative Action Update'' - Birmingham - August 30, 2017
  • Ogletree Deakins Webinar - ''Preparing for the New EEO-1 Pay Data Reporting Obligations'' - August 23, 2017
  • 2017 ILG National Conference - ''Preparing for the New EEO-1 Pay Data Reporting Obligations'' - San Antonio - August 01, 2017
  • American Bar Association Section of Labor & Employment Law Webinar - ''Navigating Federal Contractor and Sub-Contractor OFCCP Requirements in the New Administration'' - July 19, 2017
  • Austin ILG - ''OFCCP: Staying Ahead of Compensation Trends'' - Austin - April 13, 2017
  • American Bar Association Section of Labor & Employment Law Equal Employment Opportunity Committee - 2017 National Conference on Equal Employment Opportunity Law - ''Policy v. Practice'' - New Orleans - March 31, 2017
  • Ogletree Deakins Briefing - ''Eye on Pay Equity: Increased Focus on Increased Risk'' - Huntsville - August 11, 2016
  • TVILG (Tennessee Valley Industry Liaison Group) - ''New Compliance Regulations for Federal Contractors: OFCCP’s Final Rule on Sex Discrimination'' - Huntsville - August 11, 2016
  • Ogletree Deakins Workplace Strategies Seminar - ''Affirmative Action - How the Rules Have Changed and How to Comply With Them'' - Chicago - May 2016
  • Ogletree Deakins Briefing - ''Pay Equity: Federal and State Focus Increases Risk of Pay Discrimination Claims'' - Nashville - April 07, 2016
  • American Bar Association Labor and Employment - 2016 National Conference on Equal Employment Opportunity Law - ''Modern Family: Keeping Up with Accommodations for Religious, Caregiver & Transgender Employees'' - Austin - April 01, 2016
  • Alabama ILG - ''Affirmative Action – How the Rules Have Changed and How to Comply with Them'' - Birmingham - March 24, 2016
  • Southern Nevada Industry Liaison Group - ''OFCCP Update – New Data Requests for Federal Contractors'' - Las Vegas - October 23, 2015
  • Alabama ILG - ''Best Practices to Avoid Steering Claims'' - Birmingham - August 01, 2015
  • 2015 National Conference - American Association for Access, Equity and Diversity - ''Executive Orders Everywhere – All the New Rules in One Place'' - New Orleans - June 04, 2015
  • Alabama ILG - ''OFCCP Hot Topics: Audits, New Scheduling Letter and a Flurry of Executive Orders'' - Birmingham - December 05, 2014
  • Lorman Education Services Webinar - ''Federal Affirmative Action Requirements for Construction Contractors'' - October 21, 2014
  • Ogletree Deakins Employment Law Briefing - ''Decrypting President Obama's Recent Executive Orders for Federal Contractors'' - Huntsville - August 21, 2014
  • Ogletree Deakins Webinar - ''Fair Pay and Safe Workplaces Executive Order: Changes For Federal Contractors'' - August 12, 2014
  • BLR® — Business & Legal Resources Webinar - ''EEO-1 Reporting Deadline: HR's Step-by-Step Guide to Ensuring Compliance'' - August 11, 2014
  • 2014 ILG National Conference - ''Practical ADA and FMLA Solutions & ADA Reasonable Accommodation'' - Washington, D.C. - August 07, 2014
  • 2014 ILG National Conference - ''Equal Pay Enforcement: Minimizing the Risks'' - Washington, D.C. - August 06, 2014
  • Ogletree Deakins Webinar - ''Decrypting President Obama's Recent Executive Orders for Federal Contractors'' - July 09, 2014
  • 2014 SWARM Regional ILG Conference - ''Screening Practices Under Attack'' - Denver - May 01, 2014
  • Strafford Webinar - ''OFCCP Game-Changing Final Rules: Complying Amid Vigorous Enforcement'' - April 09, 2014
  • Association of Corporate Counsel, Alabama Chapter - ''A Survey of the New Veterans and Disability Regulations for Federal Contractors and Subcontractors'' - Birmingham - March 07, 2014
  • Ogletree Deakins Breakfast Briefing - ''Affirmative Action and OFCCP Compliance Update: A Survey of the New Veterans and Disability Regulations for Federal Contractors'' - Birmingham - February 27, 2014
  • Federal Contractors & Section 503: Are you 'READI' & 'ABLE' to include disability? - ''Measuring Up...The Numbers for 503'' - Birmingham - February 26 - February 27, 2014
  • Association of Corporate Counsel - Louisiana Chapter - ''Equal Pay Enforcement: Minimizing the Risk'' - New Orleans - December 06, 2013
  • ABA Center for Professional Development - Webinar - ''Understanding Federal Contractor Compliance Under the OFCCP's New Section 503 Regulations: Opening the Door for Workers with Disabilities'' - November 22, 2013
  • Alabama ILG - ''OFCCP Hot Topics: Compensation, Disability, and Veteran Regulations'' - Birmingham - November 19, 2013
  • Ogletree Deakins Managing a Workforce 2014 - ''Affirmative Action and OFCCP Compliance Trends: What Every Federal Contractor or Subcontractor Should Know'' - Birmingham - November 15, 2013
  • American Bar Association Section of Labor and Employment Law 7th Annual Conference - ''The Ins and Outs of the Administrative Procedures Act II'' - New Orleans - November 09, 2013
  • Space Coast ILG Meeting - ''Best Practices: Recruiting and Selections'' - Melbourne - October 15, 2013
  • Huntsville Industry Liaison Group - ''OFCCP Update'' - Huntsville - August 15, 2013
  • 2013 National Industry Liaison National Conference - ''Screening Practices: Are You at Risk?'' - Indianapolis - July 31, 2013
  • Ogletree Deakins Lunch and Learn - ''Affirmative Action and OFCCP Compliance Trends in 2013: What Every Federal Contractor or Subcontractor Should Know'' - Boston - June 13, 2013
  • Ogletree Deakins Webinar - ''OFCCP's New Directives: Increased Contractor Scrutiny on the Horizon'' - March 28, 2013
  • Ogletree Deakins Seminar - ''OFCCP Update in Light of the Election'' - Homewood - November 2012
  • Ogletree Deakins Seminar - ''OFCCP Audit Defense - Is It A Moving Target'' - Huntsville - November 2012
  • American Bar Association Section of Labor & Employment 6th Annual CLE Conference (Moderator) - ''I Went to Law School to Avoid Math: OFCCP 101'' - Atlanta - November 2012
  • Ogletree Deakins Webinar - ''Best Practices for Preparing EEO-1 Reports and VETS-100A Forms'' - August 2012
  • 2012 Southeastern Industry Liaison Conference - ''Applicant Tracking Systems - The Highs and the Lows'' - Charlotte - June 06, 2012
  • Ogletree Deakins Briefing - ''Can Your Company Survive an OFCCP Investigation'' - St. Louis - April 2012
  • American Bar Association - Equal Employment Opportunity Committee Mid-Winter Meeting - ''Ethical Implications of In-House Investigations'' - San Francisco - March 2012
  • American Bar Association Section of Labor & Employment 5th Annual CLE Conference - ''Objection! Demonstrations on When and How to Object'' - Seattle - November 2011
  • Huntsville Industry Liaison Group - ''OFCCP'' - Huntsville - November 2011
  • National Industry Liaison Group Meeting - ''Employee Tests: Right or Wrong'' - New Orleans - August 2011
  • Lorman Education Services - ''Employee Discipline for Conduct Outside of Work, When Work and Lifestyle Collide'' - webinar - March 2011
  • Ogletree Deakins webinar - ''Social Media Issues in the Workplace'' - February 2011
  • Ogletree Deakins webinar - ''OFCCP Hot Topics'' - November 2010
  • Ogletree Deakins Workplace Strategies Seminar - ''Everything Old is New Again: OFCCP’s Return to “Affirmative Action'' - Las Vegas - May 2010
  • Ogletree Deakins Seminar - ''R U Safe from Misuse of Social Media'' - Birmingham - December 2009
  • American Bar Association Young Lawyers Division Fall Conference - ''Work-Life Balance'' - Birmingham - October 2009
  • American Bar Association Young Lawyers Division, Fall Conference - ''Work-Life Balance'' - Birmingham - October 2009
  • Ogletree Deakins Breakfast Briefing - ''Lost in MySpace – How Technology Poses New Risks for Employers'' - Birmingham - August 2009
  • Ogletree Deakins Workplace Strategies Seminar - ''Government Contractors Take Note – OFCCP Update'' - Miami - May 2009
  • American Bar Association Young Lawyers Division, Spring Conference - ''Lost in MySpace – How Technology Poses New Risks for Employers'' - New Orleans - April 2009
  • Lorman Education Services - ''Employee Discipline for Conduct Outside of Work, When Work and Lifestyle Collide'' - webinar - February 2009
  • Lorman Education Services - ''Employment Law from A-Z'' - webinar - October 2008
  • Lorman Education Services - ''Basic Affirmative Action Requirements for Federal Contractors'' - webinar - October 2008
  • Lorman Education Services - ''How Federal Contracting Obligations Impact Hiring Process'' - webinar - October 2008
  • Lorman Education Services - ''Affirmative Action Compliance'' - Birmingham - January 2008
  • Ogletree Deakins Seminar - ''Summary of Recent Federal Regulations and Federal Contractor Requirements, Including the New EEO-1 Categories, EEOC Initiatives, and VETS-100 Reporting'' - Birmingham - November 2007
  • National Business Institute - ''Defending Wrongful Discharge Claims'' - Birmingham - November 2007
  • Dyas Human Resources Development - ''Navigating the Minefield: Tips on OFCCP Compliance and Employment Laws for Federal Contractors and Subcontractors'' - Huntsville - March 2006
  • Lorman Education Services - ''Litigation Skills for Legal Staff in Alabama: Organizing the File and Working Towards Trial: What Litigation Attorneys Need From You'' - Birmingham - February 2006
  • National Business Institutes - ''Prevent Human Resource Claims'' - Birmingham - January 2006
  • National Business Institute - ''Fundamental Issues in Employment Law'' - Birmingham - November 2004

Published Works

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Our Insights

Media

Media Quotes

October 01, 2014 - Workforce Magazine - "The Changing Landscape of LGBT Discrimination Laws"
November 03, 2010 - Law360 - "Procurement Priorities to Shift Under GOP Control"

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