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OFCCP v. Oracle: Key Take-Aways and Lessons Learned for Federal Contractors


Speaker(s): David B. Cohen, Erin M. Connell, Gary R. Siniscalco
Recorded on: Jan. 13, 2021
PLI Program #: 316087

David B. Cohen is the founder and President of DCI Consulting Group, Inc. He provides consulting services to employers and management law firms on a wide range of human resource risk management strategies, particularly in the areas of EEO/affirmative action program development, systemic compensation statistical analyses, comprehensive human resources self-audits, and employee selection and test validation.

In addition, Mr. Cohen is the Senior Vice President for The Center for Corporate Equality and co-founder of The OFCCP Institute, a national nonprofit employer association that trains and educates federal contractors in understanding and complying with their affirmative action and equal employment obligations.

Recognized as a national EEO and affirmative action compliance expert, Mr. Cohen speaks frequently before corporate leaders from Fortune 500 companies, and at regional and national ILG conferences and OFCCP events. In 2006, he co-authored a book entitled “Understanding Statistics: A Guide for I/O Psychologists and Human Resource Professionals,” which was published by Wadsworth. Mr. Cohen is also the Associate Editor of the Applied HRM Research.

He also created DCI’s HR Equator™salary equity software, which enables companies to conduct systemic and other compensation analyses to comply with OFCCP and EEOC requirements.

Mr. Cohen has a M.S. degree in Industrial and Organizational Psychology from Radford University and B.A. degree in Psychology from West Virginia University. He is also an adjunct faculty member at the University of Maryland Baltimore County at Shady Grove.


Erin M. Connell is an employment law and litigation partner in Orrick, Herrington & Sutcliffe, LLP’s San Francisco office.  She represents employers in high stakes litigation, with a particular focus on equal employment opportunity law and systemic discrimination.  Erin’s practice covers all aspects of employment law, including class actions, systemic discrimination investigations, OFCCP compliance and complex individual cases.  Erin has particular expertise in the area of pay equity, and regularly advises clients with respect to OFCCP and other EEO audits.

Erin frequently speaks on national and California employment law issues, and has published numerous articles on employment law in publications around the country.  She also currently co-chairs the Equal Employment Opportunity Committee of the American Bar Association’s Labor and Employment Law Section.

 


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.