Brian Barger

Partner - McGuireWoods, LLP

Brian Barger is a labor and employment partner at McGuireWoods LLP with 30+ years of experience, focused on federal affirmative action law and strategic employment risk management. Mr. Barger defends clients in affirmative action systemic discrimination enforcement claims, audits, and complaint investigations throughout the country. He also regularly works on preparing affirmative action plans and counseling clients regarding applicant tracking and selection system design, diversity initiatives, compensation analyses, pre-employment testing, and federal record keeping requirements.

2:30 PM – 3:45 PM

Wednesday - REGULAR CONFERENCE Wednesday, July 27

Workshop 4

Disparate Impact Discrimination Law, Lore, Lies and Liability
Brian Barger (McGuire Woods)

Statistical adverse impact analyses are a core part of affirmative action and a key measure by which contractors are audited. However, the law regarding “disparate impact” discrimination is complex. There is also often a disconnect between what the law says, what OFCCP does and practical compliance. This presentation will provide a history of the disparate impact theory, an overview of the legal framework, and analysis of OFCCP’s current enforcement approach.