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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. Mr. Barger received his undergraduate (B.A., 1987) and law (J.D., 1990) degrees from the University of Virginia, both with honors, including Phi Beta Kappa, Pi Sigma Alpha Political Science Honor Society, Order of the Coif, and the Earl K. Shawe Labor Relations Award. Recent NILG presentations: 2022 National ILG Meeting (7/27/22): Disparate Impact Discrimination Law, Lore, Lies and Liability; 2021 National ILG Meeting (8/1/21): No Good Deed Goes Unpunished: Legal Issues and Risk Considerations in Implementing ERGs; (2019 National ILG Meeting (7/30/19): Let’s Play Jeopardy: OFCCP Questions and Answers; 2018 National ILG Meeting (8/1/18): Temp to Perm: Practical Issues and Options for Addressing Compliance; 2017 National ILG meeting (8/3/17): Corporate Diversity Initiatives, Evaluating and Managing Relative Component Risk.

11:15 AM – 12:30 PM

Thursday, Aug. 3

Workshop 6

Diverse Slate Policies: Tackling the Models and Risks of the NFL “Rooney Rule” in Hiring
Brian Barger, McGuire Woods

Despite good intensions, the application of NFL “Rooney Rule”-style diverse slate policies as an affirmative action best practice for executive hiring can create various legal risks depending on how such interview protocols are structured and operated. This presentation will provide an overview of key Title VII, EO 11246, and other compliance issues created by corporate diverse slate programs – and suggested policies / practices to control liability exposure.