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OFCCP & Government Contractors 2020: Critical Issues for Government Contractors, Counsel & Compliance Staff

Speaker(s): David S. Fortney, Erin M. Connell, Gary R. Siniscalco, Leigh M. Nason, Robert J. Gaglione, Robert J. O'Hara
Recorded on: Feb. 12, 2020
PLI Program #: 278925

Erin M. Connell, Co-chair of Orrick's EEO & OFCCP Compliance Group and Pay Equity Task Force, represents employers in high stakes employment litigation and is an expert in equal employment opportunity law, pay equity, and OFCCP compliance.

Erin's practice covers all aspects of employment law. She defends employers in class actions and other complex cases, as well as in systemic investigations and audits by the EEOC, OFCCP, and the California DFEH. Erin has led dozens of internal pay equity analyses and is a trusted advisor for several of the nation's most prominent employers on developing areas of employment law, including DEI, OFCCP compliance, pay equity, and issues stemming from the COVID-19 pandemic.

Erin also is an accomplished trial lawyer. She has tried several cases before juries and in arbitration, and has obtained numerous defense summary judgment rulings and other favorable resolutions in state and federal court. Erin led the trial team that obtained a complete dismissal for Oracle in OFCCP v. Oracle, the largest pay equity case ever brought by OFCCP, which garnered national media attention and earned Erin recognition as a Litigator of the Week by the American Lawyer and a 2021 Employment MVP by Law360.

Erin is currently the management chair of the ABA Equal Employment Opportunity Committee. She is also a faculty member with the Institute for Workplace Equality (IWE), and frequently speaks on California and national employment law issues, including for IWE, the ABA, the Practicing Law Institute (PLI) and the American Employment Legal Council (AELC). She has published numerous articles on employment law in publications around the country, including the ABA Journal of Law & Employment Law. She also provides employment law training and conducts internal investigations on employment-related matters.



Bob Gaglione serves as the Deputy Director of the Office of Federal Contract Compliance Programs (OFCCP) at the U.S. Department of Labor.

Mr. Gaglione has over 30 years of legal experience, including most recently, serving as founder and principal of Gaglione Law Group in San Diego, CA, where he practiced civil litigation including business, employment, insurance, real estate, and tort litigation. He previously served as a partner at the law firm of McInnis, Fitzgerald, Rees & Sharkey – one of San Diego’s largest law firms at the time.

For more than a decade, Mr. Gaglione also served as a member of the American Arbitration Association National Roster of Neutrals and Panel of Arbitrators. He served as an Arbitrator or Mediator in close to 100 cases.

Mr. Gaglione was elected by his peers to a three-year term on the San Diego County Bar Association Board of Directors from 2011-2014. He is a founding Director of the San Diego Chapter of the Federalist Society and a Chair of the Board of Advisors of this chapter. Mr. Gaglione is a Past President of the Todd American Inn of Court and a past Chair of the Bar History Committee and Litigation Section of the San Diego County Bar Association. He has also served on the Board of Directors of the San Diego-Imperial Council of Boy Scouts of America.

Mr. Gaglione is AV-rated by Martindale Hubbell and has been featured in Best’s Directory of Recommended Insurance Attorneys, Law & Business Directory of Environmental Attorneys and Who’s Who in American Law. Mr. Gaglione has been included in the San Diego Daily Transcript Top Attorneys, was named a Super Lawyer, and has made the list of Top Lawyers in San Diego Magazine.

Mr. Gaglione has taught law and political science courses at DeVry University, Keller Graduate School of Management, and JP Catholic University. He is also a frequent lecturer at the University of San Diego School of Law, San Diego State University, and California Western School of Law.

Mr. Gaglione hosted a radio show known as Independent Counsel: the news from a legal perspective for over seven years. He is also a frequent legal commentator on radio and television news programs.

Mr. Gaglione received a Bachelor of Science degree in Business Administration from the University of Southern California and a Juris Doctor degree from the University of San Diego School of Law. He is a member of the California, District of Columbia, and New York Bars. He is also admitted to practice before the United States Supreme Court, the Ninth Circuit Court of Appeals, and all United States District Courts in California.

Gary Siniscalco, Senior Counsel and Co-Chair of the EEO & OFCCP Compliance Group, has significant experience advising clients on complex employment litigation and advisory matters. He has particular experience in counseling and litigation defense for clients on equal opportunity, affirmative action (OFCCP) compliance, wrongful discharge, wage-and-hour matters and in working with companies on cross-border employment issues.

Gary has handled numerous class actions, pattern and practice cases and government audits, in court and before the EEOC and Department of Labor. He brings a particularly unique perspective to clients on matters involving the EEOC, having served as regional counsel and senior trial attorney for the U.S. Equal Employment Opportunity Commission in San Francisco prior to joining Orrick.

Gary also has an extensive class actions practice, focusing on litigation, consent decree strategies and preventive advice. He has been designated as an expert or retained as special counsel in several federal court class actions throughout the United States.

Gary’s counseling practice extends beyond the United States and includes assisting U.S. multinational companies in dealing with complex employee issues in foreign jurisdictions

Gary has written numerous articles on employment law. Most recently, he is Management Editor-in-Chief of a two-volume treatise--Restrictive Covenants and Trade Secrets in Employment Law: An International Survey (BNA, 2010). Gary is co-author of “The Pay Gap, the Class Ceiling, and Pay Bias: Moving Forward Fifty Years After the Equal Pay Act”, ABA Journal of Labor & Employment Law, Vol 29, November 3 (Spring 2014), and “The Law of Employment Discrimination from 1985-2010,” ABA Journal of Labor & Employment Law, Vol. 25, No. 3 (Spring 2010).

Gary is widely recognized as one the top management employment lawyers in the United States by every major ranking organization, including Chambers USA, the National Law Journal, Best of the Best USA (Euromoney), and Who’s Who Legal. Among management employment lawyers in the United States and Europe, Gary is ranked in the top 10 of Who’s Who international management labor and employment lawyers and is described as “absolutely superb.”

Gary also serves regularly on the NYU faculty for training federal judges on employment law, the OFCCP Institute, PLI International Employment Law and ABA Labor and Employment Law Section programs.

Leigh Nason is a shareholder in the Columbia, South Carolina 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).

Leigh provides advice to in-house counsel and human resources professionals in all industries on the preparation, management, and defense of their affirmative action programs and related matters, including jurisdictional analyses, preventative strategies, complaint investigations, and compliance evaluations. She is often retained to assist with OFCCP systemic discrimination cases stemming from statistical disparities in hiring, pay, and testing and has successfully defended allegations of significant monetary liability and other sanctions in every OFCCP region. She advises small and large employers throughout the United States, Puerto Rico, and the Virgin Islands on proactive pay equity analyses, defensible diversity and inclusion strategies and data analytics, and strategic EEO-1/VETS reporting. An experienced litigator, Leigh has defended discrimination claims before federal and state courts as well as administrative tribunals.

Leigh has been included in The Best Lawyers in America for many years. She received the 2018 Distinguished Lawyer Award from the South Carolina Bar’s Employment and Labor Law Section and was selected as the 2017 Employment Law-Management Lawyer of the Year for Columbia, SC. She is listed in Chambers USA as one of the country’s leading attorneys in the affirmative action compliance arena, has been designated as a South Carolina “Super Lawyer,” is AV Rated by Martindale-Hubbell, and has been recommended in the United States edition of The Legal 500 in the category of Workplace and Employment Counseling. Leigh has authored and edited numerous publications on affirmative action compliance issues and is an editor of and contributing author to all five editions of Labor and Employment Law for South Carolina Lawyers, published by the South Carolina Bar. Leigh is often asked by national media for her insights on new developments affecting federal contractors and is a frequent speaker at national, regional, and local conferences on affirmative action compliance and employment discrimination.

Leigh is a graduate of Wake Forest University and the University of South Carolina School of Law, and is certified by the South Carolina Supreme Court as a specialist in the area of employment and labor law. She served as Chair of the South Carolina Bar’s Labor and Employment Law Committee and its Employment and Labor Law Specialization Advisory Board. She is on the faculty of The Institute for Workplace Equality and serves on the Board of Directors of the South Carolina Industry Liaison Group.

Mr. Fortney is a co-founder of Fortney & Scott, LLC, a Washington, D.C.-based law firm counseling and advising clients on the full spectrum of work-place related matters, including employment discrimination and labor matters, compliance programs, government contracting, and developing strategies for avoiding or responding to workplace-related crises. Mr. Fortney’s broad-based practice includes equal employment opportunity requirements, wage and hour matters, federal contractor’s affirmative action and non-discrimination obligations, collective bargaining, and workplace health and safety. He brings experience from the public and private sectors, and he represents clients before federal and state agencies, including the U.S. Department of Labor’s agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board.

Previously, Mr. Fortney served as the chief legal officer and other positions at the U.S. Department of Labor in Washington, D.C. during the term of President George H.W.  Bush.

Mr. Fortney is on the Board of Directors of the American Employment Law Council, a co-founder of the Institute for Workplace Equality, and a Member of the ABA Council for the Labor & Employment Section.  Mr. Fortney has been recognized as one of the leading employment lawyers in Washington, D.C. by the CHAMBERS USA survey of America’s Leading Lawyers for Business in all years from 2005 through present.  He was selected for inclusion in the 2008 through present editions of The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers, and Super Lawyers.  Mr. Fortney received an AV rating (the highest level) by Martindale-Hubbell.

Robert J. O’Hara* is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green. His practice focuses on employment law counseling and litigation as well as human resources counseling, compliance, and training.

Mr. O’Hara’s experience includes:

  • Conducting and overseeing workplace investigations (including sexual harassment, bribery, the Foreign Corrupt Practices Act, product quality, supply chain theft, and malfeasance of every kind), executive terminations, and government audits
  • Representing employers in federal and state trial and appellate courts in matters involving breach of employment contracts, alleged wage and hour violations, alleged wrongful terminations, harassment and discrimination claims, and other employment law issues
  • Successfully defending more than 300 compliance audits by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs and Wage and Hour Division
  • Advising employers on all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions
  • Counseling employers with respect to the avoidance of employment-related disputes, employee discipline, leaves of absence, accommodation requests, and termination of employment (including voluntary and involuntary reductions in force)
  • Identifying and solving the unique labor and employment law issues faced by multinational companies operating in various legal regimes, and implementing global programs to ensure that compliance requirements are met
  • Conducting workplace training for employees, managers, and human resources personnel

Immediately before joining Epstein Becker Green, Mr. O’Hara was an Assistant General Counsel and Senior Vice President of Member Engagement for a nonprofit employer association dedicated to helping its members manage workplace compliance requirements and risks. Prior to that, for 18 years, Mr. O’Hara managed employment law and compliance for a Fortune 50 company with 225,000 employees operating in more than 150 countries. During that time, he was also a significant contributor to U.S. Congress-directed negotiations on Americans with Disabilities Act amendments and Section 503 disability regulations.

Earlier in his professional career, Mr. O’Hara spent 13 years at the National Security Agency in a number of intelligence analyst and management positions, including as Senior Intelligence Analyst for the National Security Council at the White House, and had assignments in the Pentagon supporting the Secretary of Defense and the Chairman of the Joint Chiefs of Staff. He also clerked for the Assistant General Counsel for Administrative and General Law at the U.S. Department of the Treasury’s Office of General Counsel.

*Admitted in Connecticut and the District of Columbia; not admitted in New York.