Alert:  Register for FortneyScott's Next Webinar Here -  "Filter Out the Noise - What Employers Need to Know About the Trump Administration Changes"

Leslie E. Silverman

LESLIE E. SILVERMAN

SHAREHOLDER

WASHINGTON, D.C.

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

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

Leslie E. Silverman is a shareholder at Fortney & Scott, LLC where she counsels and advises clients on complying with workplace laws, and a wide range of workplace issues, including harassment, disability and religious discrimination, employment screening, pay equity and diversity and inclusion. Ms. Silverman frequently represents clients before the U.S. Equal Employment Opportunity Commission (EEOC) and other government agencies and conducts high-level investigations.


Ms. Silverman serves as an independent monitor, appointed by the court in consent decree resolutions and with the approval of the EEOC in conciliation agreements, to address allegations of widespread discrimination and harassment. In this role, she works with employers to ensure they have effective and compliant policies, robust complaint and investigation procedures, impactful workplace training programs, effective and compliant application processes, supervisor accountability measures and appraisal systems. She also collaborates with employers on the development of employee surveys, feedback tools and other key components of effective culture initiatives.


Ms. Silverman serves as an independent monitor, appointed by the court in consent decree resolutions and with the approval of the EEOC in conciliation agreements, to address allegations of widespread discrimination and harassment. She has served as an independent monitor in multiple EEOC settlements involving allegations of widespread sexual, gender-based, and racial harassment and disability discrimination. In this capacity, she works with employers to ensure they have effective and compliant policies, complaint procedures, investigations, harassment and investigation training, supervisor accountability/appraisal systems, culture initiatives and employee surveys. She has also served as a member of a Fortune 50 company’s external diversity advisory board.

Ms. Silverman previously served as the Vice Chair of the EEOC until September 2008, and as a Member of the Commission starting in 2002. While at the Commission, she initiated and led the EEOC’s Systemic Task Force, which examined the EEOC’s efforts at combating systemic discrimination. She also helped spearhead the Commission’s examination of discrimination against workers with caregiving responsibilities, and this effort culminated in the issuance of EEOC’s Caregiver guidance. During her tenure on the Commission, Ms. Silverman led an effort to expand and enhance the EEOC’s mediation program in partnership with the American Bar Association.  Immediately prior to joining the EEOC, she served for five years as Labor Counsel to the Senate Health, Education, Labor and Pensions Committee Her responsibilities included oversight of the EEOC and the Department of Labor and for handling all employment discrimination, Fair Labor Standards Act, and Family Medical Leave Act legislation on behalf of the Committee.


Ms. Silverman was elected to the College of Labor & Employment Lawyers and is a member of the American Bar Associations’ Equal Employment Opportunity Committee. She served on the Society for Human Resource Management’s Labor Experts Panel from 2009-2014 and has also served as an EEO expert in a number of private-sector diversity initiatives, including the Center for Worklife Law’s Family Responsibilities Discrimination Management Brain Trust; the Center for Work-Life Policy’s “Hidden Brain Drain” Task Force; the Society for Human Resource Management’s Leadership Summit on Diversity and Inclusion Issues in the 21st Century; and the World Diversity Leadership Summit. Ms. Silverman served on a special expert’s panel charged with addressing gender diversity at the United Nations, and in 2008, Ms. Silverman was a member of the U.S. Delegation to the United Nations’ Committee on the Elimination of Racial Discrimination in Geneva.


Ms. Silverman is a frequent speaker on EEO law and the EEOC, both in the United States and abroad.

Practices


Professional Activities

  • College of Labor and Employment Lawyers, Fellow
  • American Bar Association, Equal Employment Opportunity Committee
  • American Employment Law Council
  • Institute for Workplace Equality, Faculty Member
  • U.S. Chamber of Commerce Labor Relations Committee
  • Society for Human Resources (SHRM), formerly served on Labor Relations Expertise Panel


Admitted to Practice

  • District of Columbia
  • U.S. Supreme Court
  • U.S. Court of Appeals
  • Fourth Circuit
  • U.S. Court of Appeals, Sixth Circuit


Education

  • Georgetown University Law
    Center (LL.M. with distinction)
  • American University Washington
    College of Law (J.D.)
  • University of Vermont (B.S.)
March 7, 2025
Filter Out the Noise – What Employers Need to Know About the Trump Administration Changes
February 22, 2025
On February 21, Judge Adam B. Abelson in the District Court for Maryland issued a preliminary injunction enjoining defendants (other than the President) from acting under parts of EO 14173. Specifically, the defendants are ordered not to: “pause, freeze, impede, block, cancel, or terminate any awards, contracts or obligations . . . or change the terms of any Current Obligation,” make federal contractors certify that they do not engage in DEI practices that violate anti-discrimination laws, or bring any enforcement actions (including FCA claims) based on the EO’s certification requirement. The government is still permitted to make lists of organizations to investigate. We will keep you apprised of any further developments.
February 20, 2025
There have been significant changes at the Equal Employment Opportunity Commission (EEOC) during President Trump’s first four weeks in office, as part of the widespread changes at federal agencies. To learn the latest EEOC developments, join FortneyScott’s next webinar on February 25, from 12 noon to 1:00pm (Eastern) as the latest in FortneyScott’s ongoing series of webinar s and podcasts that provide employers with the latest information on the key Trump Administration changes. Register here . In this webinar , FortneyScott’s highly experienced attorneys, including David Fortney, Leslie Silverman (former Vice Chair of EEOC), and Nita Beecher, will discuss the practical implications for employers due to the latest changes at EEOC, including: Impact of President Trump’s unprecedented personnel actions resulting in a lack of a quorum; Response of Acting Chair Andrea Lucas to President Trump’s Executive Orders; Likely focus of the EEOC under the Trump Administration; and, Impact on EEOC of the Trump Administration’s efforts to secure reversal of the Supreme Court’s seminal Humphrey’s Estate decision. Click here to register for this important and timely free webinar on Tuesday, February 25, 2025, from 12 noon to 1:00pm (Eastern).
February 7, 2025
On February 5, 2025, six Plaintiffs (the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO); The American Federation of Government Employees (AFGE); The American Federation of State, County & Municipal Employees, AFL-CIO (AFSCME); Service Employees International Union, AFL-CIO (SEIU); The Communications Workers of America, AFL-CIO (CWA); and Economic Policy Institute (EPI) filed a complaint in the U.S. District Court for the District of Columbia against the Department of Labor (DOL), Labor’s Acting Secretary Vince Micone, the U.S. DOGE Service (USDS), and the U.S. DOGE Service Temporary Organization. The complaint seeks declaratory and injunctive relief to prevent the “Department of Government Efficiency” (DOGE) from accessing DOL’s information systems and the sensitive data therein concerning both federal employees and private citizens. The complaint explains how DOGE, sanctioned only by Executive Order 14158 (Establishing the President’s Department of Government Efficiency), functions as a network of DOGE-related offices, teams, and roles overseen by Elon Musk within the Executive Office of the President and implanted within each federal agency. The complaint describes DOGE’s pattern as overtaking federal agencies without statutory authority, seizing their information systems, threatening career civil servants’ resistance with adverse employment action, and unilaterally dismantling or restructuring the agencies. As DOL is DOGE’s next posited target, plaintiffs seek to prevent DOGE from unlawfully accessing DOL’s sensitive information systems, including such systems maintained and managed by the Federal Employees’ Compensation Act Claims Administration, the Wage and Hour Division, the Occupational Safety and Health Administration, and the Bureau of Labor Statistics. These systems include medical information, financial information, and personnel information, as well as the identities of anonymous whistleblowers. Plaintiffs allege that DOGE’s actions are unconstitutional because DOGE lacks lawful authority to either direct agency actions or access statutorily restricted government systems. Rather, DOGE’s function is limited to advising and assisting the President. Plaintiff’s claims mostly arise under the Administrative Procedure Act, which protects individuals harmed by “arbitrary and capricious” final agency actions and provides court intervention when such harm occurs. Specifically, Plaintiffs accuse DOL of unlawfully threatening federal employees with termination, violating information privacy statutes by instructing and disclosing confidential and private records, creating new rules without meeting “notice and comment” requirements, and abusing its discretion. As relief, Plaintiffs asked the Court to declare DOGE’s access to DOL’s systems as unlawful. Plaintiffs also request a Court order forbidding DOL from granting DOGE access to DOL’s systems, taking adverse personnel action against employees who refuse providing DOGE with unlawful access, and providing non-public DOL information to any person with a conflict of interest. This is the first complaint filed challenging DOGE’s access to sensitive government information systems.
February 7, 2025
On February 3, 2025, four plaintiffs (the National Association of Diverse Officers in Higher Education, the American Association of University Professors, the Restaurant Opportunities Centers United, and the Mayor and City Council of Baltimore, Maryland) jointly filed a complaint challenging EO 14151 (“Ending Radical Government DEI Programs and Preferencing”) and EO 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”). The complaint does not challenge the revocation of 11246 yet addresses the legality of §§3-4 of EO 14173. The complaint alleges that EO 14173 is unconstitutional on various grounds and seeks a court order overturning the EO. With respect to EO 14173, the complaint alleges that §3 violates the Free Speech Clause of the First Amendment. By threatening FCA enforcement against federal contractors and grantees who certify that they do not operate undefined “programs promoting DEI,” plaintiffs allege that §3 chills the expression of or participation in diversity, equity, inclusion, and accessibility initiatives. Plaintiffs also alleges that §3 violates separation of powers because it empowers the executive branch, rather than Congress, to control federal funding based on whether contractors or grantees operate “programs promoting DEI.” As for §4 of EO 14173, the complaint alleges that it likewise violates the First Amendment’s Free Speech Clause by threatening civil investigation and “deterrence” against anyone who expresses support for undefined “illegal DEI.” Furthermore, because §4 is vague with respect to terms (e.g., “illegal DEIA and DEIA policies”) and the criteria for selecting which organizations are subject to investigation or enforcement actions, plaintiffs also allege §4 violates the Fifth Amendment’s Due Process Clause. We anticipate additional plaintiffs filing similar lawsuits related to EO 14173 are forthcoming.
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