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
Scott Kelly
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Shareholder at Ogletree, co-chairs the firm’s OFCCP Compliance, Government Contracting, and Reporting Practice Group
- Counsels and defends federal contractors and subcontractors throughout the United States on jurisdictional, compliance, and enforcement issues involving the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP)
- National practice includes representing employers in OFCCP compliance evaluations and administrative enforcement actions and assisting in the preparation, management and defense of affirmative action programs
- Has served in leadership and membership roles for various committees and associations
- Has been recognized for his professional accomplishments, including being selected as a Fellow in the College of Labor and Employer Lawyers and for inclusion in The Best Lawyers in America , Super Lawyers - Employment & Labor, and Super Lawyers - Rising Stars
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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