T. Scott Kelly

Shareholder Birmingham

Scott Kelly is a shareholder in the Birmingham, Alabama office of Ogletree Deakins and co-chairs the firm’s Affirmative Action/OFCCP Compliance Practice Group, whose experienced attorneys counsel and defend federal contractors and subcontractors throughout the United States on jurisdictional, compliance, and enforcement issues involving the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Scott’s national practice includes representing employers in OFCCP compliance evaluations and administrative enforcement actions in each of its six regions. He offers his clients, which span all industries including higher education, a solution-oriented approach to both his work of preparing, managing, and defending affirmative action programs and minimizing back pay liability and other sanctions imposed by OFCCP when investigating and resolving systemic discrimination issues stemming from statistical disparities in hiring and compensation cases. Scott frequently works to design legally defensible hiring process and practices to fit his clients’ business models and needs. He has developed an expertise for assisting employers with conducting privileged proactive compensation analyses and fair pay audits, providing best practices and strategies for diversity and inclusion practices and metrics, and complying with the EEOC’s and Veterans’ Employment and Training Service annual reporting requirements. In his work, Scott routinely applies principles of efficiency he learned while pursuing his greenbelt in Legal Lean Sigma. A litigator by training, Scott has appeared in numerous employment-related claims before courts and administrative agencies, and even spent time as a prosecutor.

Scott is an active member of the American Bar Association’s Labor & Employment Law Section (“LEL”) and has served in various LEL leadership roles since 2010. He is also an active member and has held leadership roles with the LEL’s Committee on Equal Employment Opportunity Law. Most recently, Scott served as Chair Emeritus of the LEL’s 12th Annual Section Conference, after serving as Chair of the 11th Annual Section Conference, and Vice-Chair of the 10th Annual Section Conference. He has also served as a LEL Section Council Liaison to the Young Lawyers Division, as Co-Chair of the LEL’s Membership, Marketing, and Leadership Development Committees, and is a graduate of the inaugural LEL Leadership Development Program. He also is a member of the Alabama and Tennessee Valley Industry Liaison Groups and the American Employment Law Council. Scott frequently speaks on topics including affirmative action & OFCCP compliance, pay equity, legally defensible selection practices, pre-employment testing, and equal employment opportunity.

Scott has been recognized for his professional accomplishments, including being selected for inclusion in The Best Lawyers in America (2016-present), Super Lawyers-Employment & Labor (2013-present), and Super Lawyers-Rising Star (2011-12). Mr. Kelly has been awarded an AV rating (the highest level) by Martindale-Hubbell.


Professional Activities and Speeches

Professional Activities:

  • American Bar Association Labor and Employment Law Section: Liaison the ABA Commission on Sexual Orientation and Gender Identity (2018-19); Chair Emeritus, 12th Annual Conference (2017-18); Co-Chair 11th Annual Conference (2016-17), Vice-Chair 10th Annual Conference (2015-16); Co-Chair Membership Committee (2017); Co-Chair Marketing Committee (2012-15); Co-Chair Leadership Development Program Committee (2010-12); Co-Chair Outreach to Younger Lawyers Subcommittee (2010-12); Council Liaison to ABA Young Lawyers Division (2010-12); Member Membership Committee (2010-12); Graduate 2009 Leadership Development Program; Track Coordinator, 4th and 6th Annual Section Conference (2010, 2012); Equal Employment Law Committee (2008-present); Planning Committee for National Conference on Equal Employment Opportunity Law (2014-2018).
  • American Bar Association Young Lawyers Division (2005-10): Committee Director and Council Member (2009-10); Chair Labor & Employment Law Committee (2008-09); Co-Chair Labor & Employment Law Committee (2007-08); Vice-Chair, Labor & Employment Law Committee (2006-07); Labor & Employment Planning Committee (2006-10).
  • Alabama and Tennessee Valley Industry Liaison Group Member
  • American Employment Law Council 
  • Certified Green Belt in Legal Lean Sigma
  • Equal Employment Opportunity Commission: Alternative Dispute Resolution Intern (1998-2000)
  • National Association of College and University Attorneys

Speeches:

  • Arizona Industry Liaison Group Annual Conference - ''An Update of OFCCP’s Enforcement Trends & Initiatives'' - Phoenix - November 02, 2018
  • Ogletree Deakins Webinar - ''OFCCP on a Roll: What Contractors Need to Know About the Nine New Directives'' - October 02, 2018
  • Ogletree Deakins Managing a Workforce Seminar - ''An Update of OFCCP’s Enforcement Trends & Initiatives'' - Denver - September 28, 2018
  • Ogletree Deakins Workplace Strategies Seminar - ''The Fast-Paced World of Affirmative Action and OFCCP Compliance for Federal Contractors and Subcontractors'' - Phoenix - May 09, 2018
  • 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

OFCCP Publishes List of Contractors That Received CSALs

September 24, 2018

More Transparency and Communication Promises From OFCCP

September 20, 2018

Check Your Mailbox! OFCCP Just Sent 750 Corporate Scheduling Announcement Letters

September 10, 2018

Addressing a Gap: OFCCP Will Require Verification of Written AAP Compliance

August 31, 2018

OFCCP Listened: Contractor Recognition Program Directive

August 30, 2018

OFCCP Announces Lower Annual VEVRAA Hiring Benchmark for 2018

March 30, 2018

Heads Up! Advance Notice Letters and Audits on the Way From OFCCP

February 06, 2018

OMB Decides to Review and Stay EEO-1 Pay Data Collection

August 30, 2017

OFCCP Reminds Contractors to Display EEO Posters

July 14, 2017

Governor Cuomo Signs Executive Orders to Close the Wage Gap as part of “New York Promise” Agenda

January 13, 2017

OMB Renews OFCCP’s Scheduling Letter and Itemized Listing Until 2019

July 01, 2016

OFCCP Notice of Proposed Extension of Record-Keeping Requirements for Construction Contractors

September 08, 2014

OFCCP Launches New Databases to Assist With Disability and Veteran Regulations Compliance

March 24, 2014

Change Proposed for VETS Reporting Requirements

February 25, 2014

New OFCCP Regulations Published—Effective Date Currently March 24, 2014

September 24, 2013

OFCCP Publishes New Federal Contract Compliance Manual

August 23, 2013

Construction Contractor Settles Sex Harassment Allegations With OFCCP

July 31, 2013

OFCCP Posts Corporate Scheduling Announcement Letters on its Website—And Then It Disappears!

July 19, 2013

It’s That Time of Year Again—EEO-1 Passwords Reset in Anticipation of 2013 EEO-1 Reporting Requirement

July 03, 2013

Federal Contractors Must Use 2010 Census Tab Starting January 1, 2014

May 15, 2013

Federal Construction Contractors Beware: OFCCP Wants You!

May 10, 2013

Media

Media Quotes

October 05, 2018 - Bloomberg BNA - "Contractors Get Carrot for Hiring, Retaining Disabled People"
October 01, 2014 - Workforce Magazine - "The Changing Landscape of LGBT Discrimination Laws"

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