David S. Fortney

David S. Fortney

David S. Fortney Former Acting Solicitor, U.S. Department of Labor | Co-Founder, Fortney & Scott, LLC


Mr. 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 work-place 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 effective diversity, equity and inclusion and pay equity initiatives, wage and hour matters, federal contractor’s affirmative action and non-discrimination obligations, 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 training and outreach efforts by the Institute for Workplace Equality and the American Employment Law Council. He also moderates 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.