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 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.)

FortneyScott Workplace Legal Compliance Webinar Series: Part I: EEOC Trends and Employer Readiness

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 .

FortneyScott Launches Workplace Legal Compliance Training Series

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.

David Fortney Recognized in The Best Lawyers of America for 2026

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.

DOJ’s Civil Division is Initiating False Claims Act Investigations of DEI Practices

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.

DOL Update in Trump 2.0

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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