David S. Fortney

DAVID S. FORTNEY

CO-FOUNDER

1909 K Street, NW, Suite 330, Washington, DC 20006

Tele: (202) 689-1200 | Fax: (202) 689-1209

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 also advises U.S. and global employers on pay transparency and pay equity laws including developing compliance strategies across the patchwork of requirements, modeling legally compliant compensation analyses, developing remediation strategies, and confirming accuracy of mandatory reporting.

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

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.)

David Fortney's Speaking Engagements:

9/16/2026 – CHRO Association, “SESSION 6: The Future of Global Pay Equity and Transparency – Caring for Employees.” Read more and register here.
6/17/2026 – CHRO Association, “SESSION 4: Worker Categories, the 5% Gap, and Joint Assessments.” Read more and register here.
5/7/2026 – The Institute for Workplace Equality, “What Employers Need to Know: Debriefing Our Discussion with EEOC Chair Andrea Lucas.” Read more and register here.
5/7/2026 – The Institute for Workplace Equality, “Fireside Chat with EEOC Chair Andrea Lucas.” Read more and register here.
4/28/2026 – FortneyScott Webinar , “FAR Council Implements EO 14398: Federal Contractor Compliance Obligations Begin.” Watch here.
4/24/2026 – DC Insider – Employer Update, “DOL Update with Jonathan Berry, Solicitor of Labor.” Listen here.
4/24/2026 – Wage and Hour Defense Institute, “Washington and DOL Update with Administrator Andy Rogers.”
4/22/2026 – Pennsylvania Bar Institute – “The Trump Administration Changes – What Employment and Labor Lawyers Need to Know.”
4/16/2026 – Employment Law Alliance, “Inside Washington: Emerging Employment & Labor Law Trends in the US.”
4/9/2026 – The College of Labor and Employment Lawyers, “EEOC and DOL Priorities: A Conversation with Andrea R. Lucas and Jonathan Berry.”
4/9/2026 – FortneyScott Workplace Legal Compliance Webinar Series, “Part III: Trump Administration Increases DEI Pressure.” Watch here.
4/7/2026 – The Institute for Workplace Equality, “Understanding the New DEI Executive Order.”
3/18/2026 – American Bar Association, “From the Inside Out: An Analysis of Current Legal Trends by Former Government Practitioners.”
3/11/2026 – CHRO Association, “SESSION 1: Directive Overview and Impacts.” Read more here.
3/3/2026 – FortneyScott Workplace Legal Compliance Webinar Series, “Part II: What to Expect from DOL.” Watch here.
2/26/2026 – The Institute for Workplace Equality, “Take 5: Whistleblowers and Penalties: The Hidden Risks of the False Claims Act.”
2/24/2026 – DC Insider – Employer Update, “Trump Administration Continues to Push Against DEI.” Listen here.
2/19/2026 – American Bar Association, “A Perspective on Trends from the DOL and on a State Government Level.”
2/3/2026 – FortneyScott Workplace Legal Compliance Webinar Series, “Part I: What to Expect from EEOC.” Watch here.
1/26/2026 – Practicing Law Institute, “U.S. Department of Labor Wage and Hour Update – What to Expect from the Trump Administration.”
1/20/2026 – DC Insider – Employer Update, “State of Civil Rights Under Trump 2.0.” Listen here.

New OFCCP Regulations – What Federal Contractors Need to Know

September 10, 2026

On August 21, 2026, the OFCCP finally published its final rules upending long-standing affirmative action requirements for federal contractors. While the elimination of EO 11246 regulations was expected, the substantial changes to Section 503 were less expected. By September 21, contractors must not only update their systems to remove now banned requirements but also determine how they will meet their affirmative action requirements without data collection. We will break down the most important developments, explain which obligations remain in place, and highlight practical steps organizations can take now to reduce risk, preserve defensible compliance practices, and prepare for what comes next. In this webinar, you will learn how to: Identify the OFCCP changes most likely to affect your affirmative action program strategy; Evaluate how revised Section 503 requirements may affect disability-related data collection, outreach, and documentation; Understand continuing VEVRAA obligations for protected veteran compliance. Manage transition issues for current and upcoming AAP cycles; and Prioritize practical next steps for policies, records, audits, and stakeholder communications.

Register for FortneyScott's Webinar on New OFCCP Regulations – What Federal Contractors Need to Know

August 27, 2026

Join FortneyScott attorneys on Thursday, September 10, 2026 from 12:00pm to 1:00pm EDT for a timely and practical webinar on the revised OFCCP regulations and how contractors should respond. To register, click here . On August 21, 2026, the OFCCP finally published its final rules upending long-standing affirmative action requirements for federal contractors. While the elimination of EO 11246 regulations was expected, the substantial changes to Section 503 were less expected. By September 21, contractors must not only update their systems to remove now banned requirements but also determine how they will meet their affirmative action requirements without data collection. We will break down the most important developments, explain which obligations remain in place, and highlight practical steps organizations can take now to reduce risk, preserve defensible compliance practices, and prepare for what comes next. In this webinar, you will learn how to: Identify the OFCCP changes most likely to affect your affirmative action program strategy; Evaluate how revised Section 503 requirements may affect disability-related data collection, outreach, and documentation; Understand continuing VEVRAA obligations for protected veteran compliance. Manage transition issues for current and upcoming AAP cycles; and Prioritize practical next steps for policies, records, audits, and stakeholder communication s. To register for this webinar, please CLICK HERE .

DOL Issues Final Rules Affecting Federal Contractors

August 20, 2026

The U.S. Department of Labor (DOL) will publish in the Federal Register the three final rules impacting federal contractor regulations on Friday, August 21, 2026. Executive Order 11246 regulations – DOL finalized the rescission of its regulations for EO 11246, effective October 26, 2026, to eliminate the obligations of federal contractors to prepare affirmative action plans based on race and sex, in addition to nondiscrimination provisions, and additional compliance requirements. This is to align with EO 14373, wherein President Trump rescinded EO 11246. Section 503 of Rehabilitation Act – DOL finalized the elimination of the disability self-identification requirements as well as the 7% utilization goal. In addition, the CC-305 Form will be eliminated. DOL holds that the Americans with Disabilities Act prohibits employers, including federal contractors, from collecting voluntary disability identification from applicants and employees. The nondiscrimination and reasonable accommodation requirements are maintained. Contractors with 50 or more employees and $50,000 or more in contracts will continue to be required to prepare affirmative action plans and to assess their outreach and recruitment. DOL moved the administrative procedures provisions from EO 11246 regulations here. VEVRAA – DOL’s revisions to the VEVRAA regulations were mostly technical, retaining the obligation to provide voluntary self-identification of veterans and to prepare affirmative action plans. DOL added the administrative procedures to these regulations and updated the jurisdictional threshold from $150,000 to $200,000. Please contact your FortneyScott attorney or email us at info@fortneyscott.com for more information.

EEOC Proposes Rescission of EEO-1 Report

July 21, 2026

The EEOC voted 2 to 1 on Tuesday, July 21st to issue a Notice of Proposed Rulemaking (NPRM) to rescind the requirement for employers and other covered entities to file an annual report with the EEOC summarizing aggregate data on their employees’ race and sex (reports known respectively as the EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reports or EEO Data Reports). This includes the rescission of recordkeeping requirements related to these reports. The proposal states that the Commission has determined the EEO Reports are inconsistent with equal employment opportunity law, may raise constitutional concerns, and that the collection of data is not narrowly tailored or necessary to enforce anti-discrimination statutes. EEOC determined that the reports, which had been collected since, 1966, have limited value, which was outweighed by the significant burdens they impose on employers and on the Commission. Once the NPRM is published in the Federal Register, individuals will have only 30 days to submit comments on the 60-page proposal. The Institute for Workforce Equality is planning to submit comments. Please contact your FortneyScott attorney or email us at info@fortneyscott.com with any thoughts you have on the proposed rescission, or on employer record-keeping obligations generally.

Approval of EEOC Information Collection under UGESP

June 25, 2026

On Wednesday, June 24, 2026, the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) extended EEOC’s information collection under the Uniform Guidelines on Employee Selection Procedures (UGESP) through June 29, 2029. UGESP requires employers covered by Title VII to collect and maintain records on the race, sex and ethnicity of those impacted by their employment selection procedures but does not require employers to report the data. EEOC and other enforcing agencies can then demand to see such data in connection with any investigation of employment discrimination. Please contact your FortneyScott attorney or email us at info@fortneyscott.com for additional information.