Find out how to properly track applicant data to avoid costly and damaging discrimination findings.
All employers should pay special attention to their recruiting and selection practices to avoid unnecessary litigation and scrutiny from federal agencies such as the Equal Employment Opportunity Commission or the Office of Federal Contract Compliance Programs. Employers with federal affirmative action obligations should ensure they are proactive and attend to recordkeeping obligations, especially those pertaining to recruiting and hiring. This topic will teach you about the pros and cons of an applicant tracking system (ATS) and practical tips on how to configure them to minimize risk. We will examine the application of the internet applicant rule and the importance of disposition codes for all employers. We also will spend time discussing hiring discrimination claims, how to try to avoid them, and recruiting and hiring best practices.
Agenda
Faculty
T. Scott Kelly
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Shareholder in the Birmingham office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., and co-chairs the firm’s Affirmative Action/OFCCP Compliance Practice Group
- Devotes the majority of his practice to representing federal contractors and subcontractors in compliance evaluations and administrative enforcement actions triggered by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP)
- Routinely involved with investigating and resolving systemic discrimination issues stemming from statistical disparities in hiring and compensation
- Negotiates allegations of back pay liability and other sanctions imposed by OFCCP and has also litigated numerous employment-related claims before courts and administrative agencies
- An active member of the American Bar Association’s Section of Labor and Employment Law where he currently is the employer co-chair of the Section’s Marketing Committee
- Previously served a two-year term as a co-chair of the Section’s Leadership Development Program, co-chair of the Section’s Young Lawyer Outreach Committee, member of the Section’s Membership Committee, and as the Young Lawyers Division’s liaison to the Section of Labor and Employment Law
- Has written and spoken on many topics related to his areas of expertise
- Super Lawyer, employment and labor, 2013 to present; and Rising Star by Super Lawyers, 2011 to 2012, and has achieved the highest rating in the Martindale-Hubbell Law Directory
- J.D. degree, Cumberland School of Law at Samford University; B.A. degree, Birmingham-Southern College
Tina Lam
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Associate in the Birmingham office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., and is a member of the firm’s Affirmative Action and OFCCP Compliance Practice Group
- Practice focuses on assisting federal contractors and subcontractors with affirmative action and U.S. government reporting obligations, as well as responding to compliance reviews brought by the Office of Federal Contract Compliance Programs (OFCCP) and the United States Department of Labor
- Regularly provides guidance and advice to clients on affirmative action planning, OFCCP jurisdictional matters, investigation and defense of systemic discrimination issues stemming from statistical disparities in hiring and compensation cases
- In addition, she helps employers comply with state and local affirmative action obligations; she leans on her litigation experience when recommending proactive and practical measures covered contractors can implement to ensure compliance with the affirmative action regulations
- Best Lawyers Ones to Watch – Labor and Employment Law – Management (2021); Super Lawyers Rising Star (2017-2021); Women’s Section of the Birmingham Bar Association Distinguished Service Award Recipient (2016, 2017, 2018) and Birmingham Bar Association Future Leaders Forum, Class of 2017
- LL.M. degree, with distinction, University of East Anglia; J.D. degree, Cumberland School of Law at Samford University; M.B.A. degree, Brock School of Business at Samford University; B.A. degree, Wake Forest University
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