Burton J. Fishman

BURTON J. FISHMAN

SENIOR COUNSEL

WASHINGTON, D.C.

Tele: (202) 689-1200 | Fax: (202) 689-1209
bfishman@fortneyscott.com

Mr. Fishman has devoted his practice to developing the “law of the workplace,” an interdisciplinary approach that offers employers counsel and representation on a broad range of matters growing out of government regulation of business.


His experience extends to the full spectrum of employment and labor matters, including employment discrimination, affirmative action (OFCCP), the Americans with Disabilities Act (ADA), and human resources counseling. In recent years, his practice has focused on assisting clients with the changing laws of pay equity, worker classification, and similar workplace matters.


He has represented clients throughout the nation in proceedings before the Equal Employment Opportunity Commission, the U.S Department of Labor, the National Labor Relations Board, and in arbitrations and courts at all levels. He has repeatedly been recognized as a Washington SuperLawyer in the labor and employment field by Washington Law & Politics magazine and is a long-served Member of the College of Labor and Employment Lawyers.


Mr. Fishman served as the Deputy Solicitor for National Operations for the U.S. Department of Labor during the George H. W. Bush administration. During that time, he was a departmental spokesman and Congressional witness on such issues as disability law, wage and hour matters, safety and health, and the ‘glass ceiling’ initiative. His familiarity with the regulatory and legislative process has led to his being retained by entities as diverse as the Society of Human Resource Management, the National Association of Manufacturers, and the American Bar Association to represent them regarding emerging issues and proposed legislation before Congress and the executive agencies.


Mr. Fishman currently serves as the co-chair of the “DC Perspectives Group,” a committee of the Employment Law Alliance.  Members of the group are leading employment law practitioners from across the United States.  Mr. Fishman has served as co-chair (management) of the Federal Legislative Developments Committee of the American Bar Association’s Labor and Employment Law Section and also as a member of its Equal Employment Opportunity Committee.


A widely-recognized author of over 100 books and articles on workplace issues, his publications include: The ADA: Ten Years After; HR Guide to Employee Management; The HR Question and Answer Book; Workplace Privacy; Thompson’s HR Policies; and Guide to Accommodations of Disability and Religion. Mr. Fishman is an experienced speaker on employment issues, including several presentations at SHRM national meetings, at the American Bar Association Annual Convention, and at similar gatherings throughout the country.


Mr. Fishman is an active supporter of the arts in Washington, serving as the General Counsel of the Washington Performing Arts Society and as a founding member of the Lawyers Committee of the Shakespeare Theatre Company of Washington.

Firm Practices


Admitted to Practice

  • District of Columbia
  • Maryland
  • United States Supreme Court
  • Various U.S. Courts of Appeals and U.S. District Courts


Education

  • Yale University (J.D.)
  • Princeton University (Ph.D. with distinction)
  • Cambridge University, Cambridge, England (M.A. with honors)
  • Occidental College (B.A. magna cum laude)

September 4, 2025
Federal policies under the Trump Administration are reshaping workplaces nationwide. Employers must stay ahead of evolving laws and shifting EEOC priorities. Join FortneyScott attorneys on Thursday, September 18 th at noon EDT to learn the key steps organizations should take now to ensure compliance with EEO laws influenced by these broader policy changes. Key Topics to be Covered Include: Status of the Commission and what to expect once there is a restored quorum; Current EEOC priorities , including protecting religious liberties, eliminating unlawful DEI, and reshaping sex discrimination; Notable EEOC enforcement actions, updates, and emerging trends; and Actionable strategies and key takeaways to ensure compliance with Title VII, the PWFA, etc. This webinar is the first in a four-part series designed for compliance professionals, in-house counsel, HR and inclusion leaders, and other business leaders responsible for labor and employment law compliance. To register for FortneyScott’s Workplace Legal Compliance training series, please click here .
September 2, 2025
During the first months of the Trump Administration employers have faced unprecedented challenges in understanding and keeping up with the rapidly changing legal environment. To assist our clients in successfully navigating these challenges, FortneyScott is initiating a four-month, complimentary training program addressing Workplace Legal Compliance. These new, original trainings will occur during September through December, 2025 and will include 4 monthly webinars, at least 4 podcasts of DC Insider—Employer Update and timely alerts as developments unfold. The trainings are designed to provide substantive updates and to assist employers in addressing the latest developments as part of their organization’s comprehensive workplace legal compliance program. How to Participate : Register now for the FortneyScott Workplace Legal Compliance webinars, podcast notifications and alerts: Register for all 4 webinars (September 18, October 23, November 20 and December 18). Register for notifications of new podcast episodes of DC Insider—Employer Update. Register for Workplace Legal Compliance alerts and updates. If you have an immediate questions or feedback, please contact any of the FortneyScott attorneys or email info@fortneyscott.com . Additional Background : Workplace legal compliance is essential for mitigating risk, protecting employees, and fostering a positive and reputable company culture. Adhering to federal, state, and local laws concerning labor, safety, and discrimination prevents costly penalties, lawsuits, and operational disruptions. Beyond simply avoiding legal and financial consequences, compliance builds trust with employees and other stakeholders by demonstrating a commitment to ethical conduct. This creates a fair and safe work environment that boosts employee morale, increases retention, and enhances overall productivity. By proactively managing legal responsibilities, an organization strengthens its reputation and brand image, which in turn can attract top talent and create a competitive advantage in the marketplace. FortneyScott’s Workplace Legal Compliance supports employers in meeting these objectives. Ultimately, legal compliance is not only a regulatory obligation – it is a strategic investment in the long-term success and integrity of your organization.
August 21, 2025
We are pleased to announce that FortneyScott attorney David Fortney has been recognized as one of The Best Lawyers in America for 2026, in recognition of outstanding achievement and contributions to the field of Labor and Employment law. This marks a continuation of his recognition in The Best Lawyers in America since 2008, reflecting a sustained commitment to excellence, innovation, and leadership. It underscores the impact of his work within the professional community. We extend our congratulations on this well-deserved recognition.
August 18, 2025
The U.S. Department of Justice (DOJ), Civil Division is sending Civil Investigative Demands (CIDs) to federal contractors seeking information on their DEI practices, under its authority to investigate False Claims Act (FCA) claims. Flowing from President Trump’s Executive Order 14173, which seeks to limit DEI efforts, the DOJ recently launched the Civil Rights Fraud Initiative, which utilizes the FCA to investigate and pursue claims against recipients of federal funds (including federal contractors) that their DEI practices violate federal civil rights laws. The focus of these investigations will likely be: Discriminatory preferences/goals: DEI programs that assign benefits or burdens based on race, ethnicity, or national origin. Use of proxies to mask discrimination: Practices using criteria like "cultural competence" or "lived experience" as proxies for protected characteristics in hiring or promotion decisions. Segregation in the workplace: Limiting membership in affinity groups or separating employees by protected characteristics during training. Discriminatory training programs: DEI training that promotes stereotypes, excludes individuals based on protected characteristics, or creates a hostile environment. Failure to protect against antisemitism: Institutions accepting federal funds that do not adequately address antisemitism or other civil rights violations. Organizations found to be in violation of the FCA can face significant penalties, including treble damages (three times the amount of damages incurred by the government), civil penalties for each false claim, and reputational harm. As a result, all federal contractors and grant recipients should be on high alert for any communication from DOJ and should immediately notify internal counsel if any such communication is received. Please contact your FortneyScott attorney or email us at info@fortneyscott.com for additional information on how to be prepared and to respond to these DOJ investigations and other best practices recommendations.
August 18, 2025
As the Trump Administration reshapes the U.S. Department of Labor (DOL), employers and federal contractors face significant shifts in agency leadership, budget priorities, enforcement programs, and regulatory strategies. Join FortneyScott attorneys for an in-depth webinar covering what these changes may mean for your organization. Key Topics to be Covered Include: New Leadership: Review of confirmed and pending DOL appointees, including Secretary Chavez-DeRemer and Deputy Secretary Keith Sonderling. Compliance & Self-Audit Programs: Expansion of opinion letter guidance and voluntary audit initiatives across W&H, VETS, OSHA, EBSA, MSHA, and OLMS. Aggressive Deregulatory Agenda: Efforts to revoke EO 11246 regulations, registered apprenticeship affirmative action requirements, and legacy EBSA guidance. Regulatory Revisions & Enforcement: Reforms to Section 503, VEVRAA, tip-credit rules, and child labor standards — including new penalty frameworks. Status of Biden-Era Rules: Updates on independent contractor, overtime, minimum wage, and PLA-related regulations. Proposed FY2026 Budget: 35% overall reduction, including workforce downsizing and potential elimination of OFCCP, Job Corp, and the Women’s Bureau. Strategic Considerations: How the return of the PAID program and potential OFCCP self-audit options may affect employer risk exposure.
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