Federal Contractor Affirmative Action: What Must Come Down by September 21, 2026

George P. Barbatsuly, Partner | K&L Gates LLP

George Barbatsuly spent five years as an attorney with the U.S. Department of Commerce, Office of the General Counsel before moving into private practice, and now represents employers in federal court enforcement actions brought by government agencies as part of a labor and employment litigation practice that spans discrimination, wrongful discharge, and unfair labor practice matters.

• Education & Credentials

George holds a J.D. from George Washington University Law School, earned with honors in 1994, where he served as Articles Editor of The George Washington Journal of International Law and Economics and won the Van Vleck Moot Court Competition in Constitutional Law. He earned his A.B. cum laude from Georgetown University in 1991. He is admitted to the bars of the District of Columbia, New Jersey, and New York, along with the Second and Third Circuit Courts of Appeals and several New Jersey and New York federal district courts.

• Recognition & Leadership

George has spoken repeatedly to bar and industry audiences on regulatory and enforcement developments, including presentations to the Administrative Law Committee of the New York City Bar Association on NLRB, U.S. Department of Labor, and EEOC initiatives, and on city and state bans affecting employers.

• Professional Involvement

George served as a member of the District V-A Ethics Committee of the Supreme Court of New Jersey from 2005 to 2009. He has written on regulatory compliance topics for Bloomberg Law, including pieces on health plan grandfathered status review and early review of powers of attorney, as well as on avoiding legal risk in workforce reductions.

• Experience

George counsels employers on day-to-day practices that reduce discrimination and other  employment-related risk, including review of workplace policies and procedures, and he has represented employers before federal agencies and arbitrators. His government-side background at the Department of Commerce, combined with his current work defending federal enforcement actions, gives him direct exposure to how agencies build and pursue compliance matters — the same institutional vantage point this program’s discussion of OFCCP rulemaking and enforcement calls on. He has also presented paid sick leave and local-ordinance compliance for employers navigating overlapping state and federal requirements.

Brandon A. Keaton, Associate | K&L Gates LLP

Brandon Keaton represents employers in state and federal court and before administrative agencies in employment litigation involving discrimination, harassment, retaliation, and wrongful termination, and he counsels employers on drafting and revising employment policies to keep pace with evolving federal, state, and local requirements.

• Education & Credentials

Brandon earned his J.D. with highest honors from the University of Tulsa College of Law in 2021 and his B.B.A. from the University of Arkansas in 2018. He is admitted to the Bar of Texas and to the Eastern, Northern, Southern, and Western District Courts of Texas.

• Recognition & Leadership

Brandon presented recent developments in employment law at K&L Gates’ People Power Hour in February 2026.

• Professional Involvement

Brandon previously externed for the Honorable Magistrate Judge Irma Ramirez of the U.S. District Court for the Northern District of Texas.

• Experience

Brandon’s litigation practice covers discrimination, harassment, retaliation, wrongful termination, and wage-and-hour claims, and his day-to-day counseling work centers on helping employers draft and revise the employment policies, agreements, and handbooks that keep them aligned with shifting federal, state, and local law — the same policy-reconciliation work this program’s second session addresses. He also handles restrictive covenant matters, including the enforcement and defense of non-compete, nonsolicitation, and confidentiality agreements. Before joining the firm, he was an associate at a Dallas-based firm handling employment, commercial litigation, and noncompete and trade secret disputes, where he took and defended depositions and argued motions including summary judgment, consolidation, severance, and sanctions.

Autumn D. Klick, Associate | K&L Gates LLP

Autumn Klick advises and represents employers on workplace matters spanning litigation, policy counseling, and government investigations involving regulatory and compliance issues, drawing on prior service as a judicial resident in the U.S. District Court for the District of New Hampshire.

• Education & Credentials

Autumn earned her J.D. magna cum laude from the University of New Hampshire School of Law in 2023 and her B.B.A. from the University of Wisconsin in 2019. She is admitted to the bars of Massachusetts and New Hampshire, and to the U.S. District Courts for the Districts of Massachusetts and New Hampshire.

• Recognition & Leadership

Autumn was named to the 603 Legal Aid Pro Bono Honor Roll in 2024, 2025, and 2026 for her pro bono employment work with nonprofit organizations and individuals.

• Professional Involvement

Autumn served as a judicial resident to Magistrate Judge Andrea K. Johnstone in the U.S. District Court for the District of New Hampshire, where she prepared judicial orders and memoranda and observed federal court proceedings.

• Experience

Autumn has assisted in government investigations involving regulatory and compliance matters, work that speaks directly to this program’s focus on how contractors manage enforcement exposure as the federal framework changes. Her broader practice includes representing employers across industries in litigation before state and federal courts and administrative agencies, participating in discovery, dispositive motion practice, and trial proceedings, and day-to-day counseling on workplace policies. Her prior work at a U.S. firm focused on labor and employment litigation for employers across industries.

SESSION 1 – What Must Come Down: Dismantling the Federal Affirmative Action Framework | 2:30pm – 3:30pm

This session will examine the August 21, 2026 OFCCP final rules and Executive Order 14173 and identify the affirmative action requirements, policies, procedures, and documentation that federal contractors should evaluate for removal or revision the September 21 effective date. The discussion will also address the federal obligations that remain in force, including nondiscrimination, reasonable accommodation, and protected-veteran requirements.

BREAK | 3:30pm – 3:40pm

SESSION 2 – What Stays: State Requirements, Policies and Employer Risk | 3:40pm – 4:40pm

This session will focus on the practical employment-law consequences of the federal changes, including state contractor requirements, workplace policies, investigations, and potential enforcement or litigation exposure. Speakers will provide a framework for counseling employers operating across multiple jurisdictions where federal and state requirements may no longer align.