T. Scott Kelly Shareholder Birmingham 205-986-1024 scott.kelly@ogletreedeakins.com 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. Admitted to Practice Alabama Georgia U.S. District Court, Middle, Northern and Southern Districts of Alabama U.S. Court of Appeals, Eleventh Circuit Education J.D., Cumberland School of Law at Samford University, 2000 B.A., Birmingham-Southern College, 1996
Honors and Awards Best Lawyers in America (2016) Super Lawyer - Employment & Labor (2012-2015) Rising Star by Super Lawyers (2011) Practice and Industry Groups Affirmative Action and OFCCP Compliance Defense Contracting Employment Law Higher Education Litigation Professional Activities and Speeches Professional Activities: American Bar Association (Labor and Employment Law Section, 2008-present; Employer Vice-Chair of the Section's Annual Conference Planning Committee, 2015-16; 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
Speeches: Southern Nevada Industry Liaison Group - ''OFCCP Update New Data Requests for Federal Contractors'' - Las Vegas - October, 2015 Alabama ILG - ''Best Practices to Avoid Steering Claims'' - Birmingham - August, 2015 2015 National Conference - American Association for Access, Equity and Diversity - ''Executive Orders Everywhere All the New Rules in One Place'' - New Orleans - June, 2015 Alabama ILG - ''OFCCP Hot Topics: Audits, New Scheduling Letter and a Flurry of Executive Orders'' - Birmingham - December, 2014 Lorman Education Services Webinar - ''Federal Affirmative Action Requirements for Construction Contractors'' - October, 2014 Ogletree Deakins Employment Law Briefing - ''Decrypting President Obama's Recent Executive Orders for Federal Contractors'' - Huntsville - August, 2014 Ogletree Deakins Webinar - ''Fair Pay and Safe Workplaces Executive Order: Changes For Federal Contractors'' - August, 2014 BLR Business & Legal Resources Webinar - ''EEO-1 Reporting Deadline: HR's Step-by-Step Guide to Ensuring Compliance'' - August, 2014 2014 ILG National Conference - ''Practical ADA and FMLA Solutions & ADA Reasonable Accommodation'' - Washington, D.C. - August, 2014 2014 ILG National Conference - ''Equal Pay Enforcement: Minimizing the Risks'' - Washington, D.C. - August, 2014 Ogletree Deakins Webinar - ''Decrypting President Obama's Recent Executive Orders for Federal Contractors'' - July, 2014 2014 SWARM Regional ILG Conference - ''Screening Practices Under Attack'' - Denver - May, 2014 Strafford Webinar - ''OFCCP Game-Changing Final Rules: Complying Amid Vigorous Enforcement'' - April, 2014 Association of Corporate Counsel, Alabama Chapter - ''A Survey of the New Veterans and Disability Regulations for Federal Contractors and Subcontractors'' - Birmingham - March, 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, 2014 Federal Contractors & Section 503: Are you 'READI' & 'ABLE' to include disability? - ''Measuring Up...The Numbers for 503'' - Birmingham - February, 2014 Association of Corporate Counsel - Louisiana Chapter - ''Equal Pay Enforcement: Minimizing the Risk'' - New Orleans - December, 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, 2013
Alabama ILG - ''OFCCP Hot Topics: Compensation, Disability, and Veteran Regulations'' - Birmingham - November, 2013 Ogletree Deakins Managing a Workforce 2014 - ''Affirmative Action and OFCCP Compliance Trends: What Every Federal Contractor or Subcontractor Should Know'' - Birmingham - November, 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, 2013 Space Coast ILG Meeting - ''Best Practices: Recruiting and Selections'' - Melbourne - October, 2013 Huntsville Industry Liaison Group - ''OFCCP Update'' - Huntsville - August, 2013 2013 National Industry Liaison National Conference - ''Screening Practices: Are You at Risk?'' - Indianapolis - July, 2013 Ogletree Deakins Lunch and Learn - ''Affirmative Action and OFCCP Compliance Trends in 2013: What Every Federal Contractor or Subcontractor Should Know'' - Boston - June, 2013 Ogletree Deakins Webinar - ''OFCCP's New Directives: Increased Contractor Scrutiny on the Horizon'' - March, 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, 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 Our Insights 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 01, 2014 - Workforce Magazine - ''The Changing Landscape of LGBT Discrimination Laws'' August 25, 2014 - Subcontractors Association of Alabama Newsletter - ''Heightened Obligations for Federal Contractors and Subcontractors Obligations to Protected Veterans and Individuals with Disabilities'' November 25, 2013 - Bloomberg BNA's Daily Labor Report - ''Attorneys, Consultant Provide Compliance 'Game Plan' for OFCCP's Section 503 Rules'' Fall 2013 - American Bar Association - Labor and Employment Law Newsletter - ''What's Trending with the ADA Amendments'' November 03, 2010 - Law360 - ''Procurement Priorities to Shift Under GOP Control'' 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''
Published Works August 25, 2014 - ''Heightened Obligations for Federal Contractors and Subcontractors Obligations to Protected Veterans and Individuals with Disabilities'' - ''Subcontractors Association of Alabama Newsletter'' Fall 2013 - ''What's Trending with the ADA Amendments'' - ''American Bar Association - Labor and Employment Law Newsletter'' December 2008 - ''Defending Your First Employment Discrimination Case'' - ''The 101 Practice Series, Breaking Down the Basics'' December 2008 - ''Tips Every Lawyer Should Know About the EEOC'' - ''The 101 Practice Series, Breaking Down the Basics''