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.

Learn more about T. Scott Kelly

Education

  • J.D., Cumberland School of Law at Samford University, 2000
  • B.A., Birmingham-Southern College, 1996

Admittance to Practice

  • Alabama
  • Georgia
  • U.S. District Court, Middle, Northern and Southern Districts of Alabama
  • U.S. Court of Appeals, Eleventh Circuit

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 2, 2018
  • Ogletree Deakins Webinar - "OFCCP on a Roll: What Contractors Need to Know About the Nine New Directives" - October 2, 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 9, 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 1, 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 7, 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 1, 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 1, 2015
  • 2015 National Conference - American Association for Access, Equity and Diversity - "Executive Orders Everywhere – All the New Rules in One Place" - New Orleans - June 4, 2015
  • Alabama ILG - "OFCCP Hot Topics: Audits, New Scheduling Letter and a Flurry of Executive Orders" - Birmingham - December 5, 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 7, 2014
  • 2014 ILG National Conference - "Equal Pay Enforcement: Minimizing the Risks" - Washington, D.C. - August 6, 2014
  • Ogletree Deakins Webinar - "Decrypting President Obama's Recent Executive Orders for Federal Contractors" - July 9, 2014
  • 2014 SWARM Regional ILG Conference - "Screening Practices Under Attack" - Denver - May 1, 2014
  • Strafford Webinar - "OFCCP Game-Changing Final Rules: Complying Amid Vigorous Enforcement" - April 9, 2014
  • Association of Corporate Counsel, Alabama Chapter - "A Survey of the New Veterans and Disability Regulations for Federal Contractors and Subcontractors" - Birmingham - March 7, 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 - 27, 2014
  • Association of Corporate Counsel - Louisiana Chapter - "Equal Pay Enforcement: Minimizing the Risk" - New Orleans - December 6, 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 9, 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
  • 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 Seminar - "OFCCP Audit Defense - Is It A Moving Target" - Huntsville - November 2012
  • Ogletree Deakins Seminar - "OFCCP Update in Light of the Election" - Homewood - 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 6, 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 - "Basic Affirmative Action Requirements for Federal Contractors" - webinar - October 2008
  • Lorman Education Services - "Employment Law from A-Z" - 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
  • National Business Institute - "Defending Wrongful Discharge Claims" - Birmingham - November 2007
  • 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
  • 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
  • August 25, 2014 - Subcontractors Association of Alabama Newsletter - "Heightened Obligations for Federal Contractors and Subcontractors Obligations to Protected Veterans and Individuals with Disabilities"
  • Fall 2013 - American Bar Association - Labor and Employment Law Newsletter - "What's Trending with the ADA Amendments"
  • December 2008 - The 101 Practice Series, Breaking Down the Basics - "Defending Your First Employment Discrimination Case"
  • December 2008 - The 101 Practice Series, Breaking Down the Basics - "Tips Every Lawyer Should Know About the EEOC"
  • October 5, 2018 - Bloomberg BNA - "Contractors Get Carrot for Hiring, Retaining Disabled People"
  • October 1, 2014 - Workforce Magazine - "The Changing Landscape of LGBT Discrimination Laws"
  • November 25, 2013 - Bloomberg BNA's Daily Labor Report - "Attorneys, Consultant Provide Compliance 'Game Plan' for OFCCP's Section 503 Rules"
  • November 3, 2010 - Law360 - "Procurement Priorities to Shift Under GOP Control"
  • Best Lawyers Award Badge
  • Best Lawyers in America (2016-present)
  • Super Lawyer – Employment & Labor (2013 – present)
  • Rising Star by Super Lawyers (2011 – 2012)
  • AV Preeminent Rating by Martindale-Hubbell

Insights by T. Scott Kelly