T. Scott Kelly
- Indexed articles, last 90 days
- 14
- Latest publication
- Sep 25, 2026
- Outlet visibility, for natlawreview.com
- Top 1M sites
- Earliest in this view
- Jul 7, 2026
Latest articles
Fourteen States Remind Employers: Disparate Impact Enforcement Is Not Going Away (opens the original)
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On September 17, 2026, the attorneys general (AG) of fourteen states issued joint guidance reaffirming that disparate impact liability remains lawful, constitutional, and enforceable under both state and federal law. The guidance responds directly to the federal government’s efforts over the past two years to narrow or eliminate disparate impact enforcement and signals those states’ commitment to continuing to enforce civil rights laws under disparate impact theories. The guidance—issued by the
Federal Court Strikes Down Mass Termination of Education Grants Tied to DEI (opens the original)
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On September 17, 2026, the U.S. District Court for the District of Massachusetts vacated the U.S. Department of Education’s February 2025 internal directive ordering the review and termination of Teacher Quality Partnership (TQP) and Supporting Effective Educator Development (SEED) grants that included diversity, equity, and inclusion (DEI) programming, finding the directive arbitrary and capricious and contrary to the federal statutes governing the programs. On January 21, 2025, President Trump
Talent Risk Assessor, 6 - Pay Analysis Tools for Assessing Risk and Building a Defense [Podcast] (opens the original)
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In episode six of the Talent Risk Assessor series of Defensible Decisions, Scott Kelly (Birmingham/Washington) and Cam Ellis (Atlanta) are again joined by Pete Bell of the firm’s data analytics team to examine how compensation data can be analyzed for potential pay disparities. Building on the performance rating patterns discussed in episode five, the speakers walk through a layered approach, starting with average pay comparisons among similarly situated employees, moving to a review of outliers
Talent Risk Assessor, 5: Performance Ratings as the Foundation [Podcast] (opens the original)
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In episode five of the Talent Risk Assessor series on Defensible Decisions, Scott Kelly (Birmingham/Washington, D.C.) and Cam Ellis (Atlanta) are joined by Pete Bell of the firm’s data analytics team to examine performance ratings—one of the foundational pillars of employment decisions from merit to promotion to termination. The speakers walk through how the talent risk assessor goes beyond a company-wide view to flag gender or race-based differences in ratings within a specific manager’s team o
Talent Risk Assessor, 4- Connecting Talent Progression to Retention Risk [Podcast] (opens the original)
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In episode four of the Talent Risk Assessor series on Defensible Decisions, shareholders Scott Kelly (Birmingham/Washington) and Lauren Hicks (Indianapolis/Atlanta) are joined by Emily Botto, a senior data analyst on the firm’s data analytics team, to examine talent progression and retention. Building on the voluntary separation patterns identified in episode three, the speakers walk through how time-to-promotion and tenure data, when read together, reveal whether certain job families or busines
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