David S. Fortney

David 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 workplace-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 has a broad-based practice representing and counseling employers and executives in employment and labor matters, including legal compliance with equal employment opportunity requirements and addressing pay equity initiatives and the evolving standards relating to inclusion and opportunity programs; wage and hour matters including Department of Labor audits and enforcement, and collective action litigation claims against employers; union organizing and collective bargaining; and, workplace health and safety. He brings experience from the private and public sectors in advising clients on these issues, and he frequently represents clients before federal agencies, including the U.S. Department of Labor’s agencies, the Equal Employment Opportunity Commission, and the National Labor Relations Board.

Mr. Fortney has been widely recognized for his professional accomplishments, including being named one of the leading employment lawyers in Washington, D.C. by the CHAMBERS USA survey of America’s Leading Lawyers for Business. He also is recognized in The Best Lawyers in America, Washington D.C.’s, Washington D.C.’s Best Lawyers, and Super Lawyers. Mr. Fortney has received an AV rating (the highest level) by Martindale-Hubbell.

Before co-founding the firm, Mr. Fortney previously served as the chief and deputy legal officer of the U.S. Department of Labor in Washington, D.C. during the term of President George H.W. Bush. As Acting Solicitor of Labor, he was responsible for enforcing over 140 laws regulating the nation’s workplaces and managing an agency with 800 attorneys and support staff. He advised the Department of Labor agencies on a broad range of legal, policy, legislative, regulatory and enforcement issues.

Mr. Fortney’s expertise and experience has been requested in testimony before the U.S. Congress, and state legislative committees and before the Equal Employment Opportunity Commission and the National Academy of Sciences.

Mr. Fortney works closely in support of the employer compliance, training and outreach efforts by The Institute for Workplace Equality and the American Employment Law Council. He also hosts the DC Insider – Employer Update™ podcast, is a co-editor of the Federal Employment Law Insider monthly newsletter, and frequently presents at the leading bar association and professional meetings. He also has media experience, including appearances on CNN, CBS and Fox News.

Firm Practices

• Washington DC Expertise
• EEOC Compliance
• Inclusion and Opportunity
• International
• Federal Contractor Compliance
• Pay Equity
• Wage & Hour
• Workplace Investigations

Professional Activities

• American Bar Association, EEO Committee and former Labor and Employment Section Council Member (2 terms)
• American Employment Law Council, Treasurer and Member of Board of Directors
• College of Labor and Employment Lawyers, Fellow
• Employment Law Alliance, Member
• Federalist Society, Member and Former Chair, Labor and Employment Committee
• HR Policy Association, Member of Legal Council
• The Institute for Workplace Equality, Co-Founder and Co-Director
• U.S. Chamber of Commerce, Member of Labor Relations Committee
• Wage and Hour Defense Institute, Member
• Former Member, National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements

Admitted to Practice

• District of Columbia
• Commonwealth of Pennsylvania
• U.S District Court of District of Columbia
• Supreme Court of the United States

Education

• Duquesne University School of Law (J.D.)
• The Pennsylvania State University (B.A.)