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William E. Doyle, Jr. Partner

Raleigh T +1 919 755 6690 F fax +1 919 755 6602
Washington, D.C.
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Bill defends employers against class-based Equal Employment Opportunity (EEO) claims and government agency enforcement actions under federal, state and local antidiscrimination laws and regulations. He has litigated numerous employment discrimination class and/or collective actions, and he has extensive experience with critical, technical aspects of such matters, including class certification, Daubert motions and statistical evidence of discrimination.

Bill draws on his deep litigation experience when conducting privileged risk assessments that help employers understand their risk profiles and take steps to manage identified risks through collaborative discussions that result in practical recommendations. He regularly works with consulting expert statisticians, labor economists, industrial/organizational psychologists and other experts in such matters. Bill’s risk assessment practice includes:

  • Assisting clients with Diversity, Equity and Inclusion (DEI) risk reviews related to certification under EO 14173 and related federal regulatory investigations into employers’ DEI practices.
  • Assisting clients with risk review and compliance with federal, state and local laws addressing artificial intelligence (AI) applications used for employment purposes. Bill has extensive experience and understanding of legal and technical standards for disparate impact evaluation and employment process validation.
  • Conducting privileged compensation and other personnel action risk assessments for clients to manage the risk of systemic employment discrimination claims.

Bill also assists clients with EEO data submissions and EEO certifications to federal, state and local enforcement agencies. These include risk review and development of pay data submissions and certifications under state equal pay laws and risk review and compliance with state and local pay transparency laws.

Bill advises clients regarding compliance with employment laws and regulations governing federal contractors, including compliance with federal, state and local affirmative action requirements, such as those under Section 503 of the Rehabilitation Act (covering individuals with disabilities) and the Vietnam Era Veterans Readjustment Assistance Act (covering protected veterans). He defends clients in regulatory audits and enforcement actions.

Bill assists clients with all aspects of compliance for workforce restructuring, including risk review under anti-discrimination laws, and compliance with the Worker Adjustment and Retraining Notification Act (WARN), state mini-WARN laws and the Older Workers Benefit Protection Act for valid Age Discrimination in Employment Act (ADEA) waivers.

For over 30 years, Bill has defended clients in systemic discrimination litigation and advised clients on risk management across a wide variety of industry sectors, including technology, financial services, energy, transportation, manufacturing, retail, petroleum and petrochemical, pharmaceuticals, consumer products, real estate, defense, health care, food production and education.

Bill enlisted in the United States Marine Corps out of high school in 1984 and received an honorable discharge as a non-commissioned officer after serving four yours on active duty. Bill now serves on a pro bono basis as counsel to the board of the Marine Corps Heritage Foundation, located at the National Museum of the Marine Corps in Quantico, Virginia. Bill’s pro bono practice has included helping veterans obtain U.S. Department of Veterans Affairs (VA) benefits. He served as lead counsel in Military Order of the Purple Heart v. Sec’y of Veterans Affairs, 580 F.3d 1293 (Fed. Cir. 2009), invalidating the VA’s “extraordinary award review” and thereby precluding the VA from annually overturning 400 benefits awards of $25,000 or more to veterans.

Experience

Systemic Discrimination Class Action Litigation Experience

  • Represented social media company in Equal Employment Opportunity Commission (EEOC) directed age discrimination case.
  • Represented property management firm in nationwide EEOC investigation into criminal background check practices.
  • Represented large financial services firm in litigation of multi-plaintiff allegations of race discrimination in compensation.
  • Represented large financial services firm in putative class action involving allegations of systemic race discrimination in pay and promotions against African American financial advisors.
  • Represented national car rental company in putative class action involving disparate impact challenge to its criminal background procedures.
  • Represented national retail chain in litigated disparate impact challenge to its criminal background check brought by EEOC.
  • Represented large transportation company in putative class action involving allegations of systemic race discrimination in hiring, promotion and discipline against African American applicants and employees.
  • Represented pharmaceutical company in putative class action involving allegations of systemic gender discrimination in pay and promotions against female sales representatives.
  • Represented national retail chain in putative class action involving allegations of systemic gender discrimination in pay against female store managers.
  • Represented large financial services firm in putative class action involving allegations of systemic gender discrimination in pay and promotions against female financial advisors.
  • Represented regional utility in class action involving allegations of systemic race discrimination in pay against African American employees.
  • Represented large technology client in putative class action involving allegations of systemic race discrimination in hiring.
  • Represented large financial services firm in collective action under the ADEA involving age discrimination challenge to reduction in force.

Systemic Discrimination Regulatory Defense Experience

  • Leveraging his background as former deputy director of the Office of Federal Contract Compliance Programs (OFCCP), a role in which he managed the agency’s enforcement and policymaking activities, Bill has defended hundreds of clients in enforcement litigation, audits and complaint investigations brought by the OFCCP. Examples in significant contested cases include:
    • Defended two large technology clients against agency allegations of systemic discrimination during headquarters and enterprise audits.
    • Defended two large financial service firms against agency allegations of system discrimination during enterprise audits, including defense of agency enforcement litigation.
  • Litigated several high-profile cases with OFCCP related to agency jurisdiction and access issues
  • Bill regularly publishes and speaks on defense and prevention of systemic employment discrimination and develops regulatory comments representing the employers’ perspective on proposed regulatory actions. As deputy director of OFCCP, Bill “wrote the book” on systemic compensation discrimination. See Notice, “Interpreting Nondiscrimination Requirements of Executive Order 11246 With Respect to Systemic Compensation Discrimination,” 71 Fed. Reg. 35124, 127-130, 136-137 (June 16, 2006); Notice, “Voluntary Guidelines for Self-Evaluation of Compensation Practices for Compliance with Nondiscrimination Requirements of Executive Order 11246 with Respect to Systemic Compensation Discrimination,” 71 Fed. Reg. 35114, 35,119 (June 16, 2006). Bill has prepared and submitted public comments on most of the major federal agency proposals regulating the employment practices of federal contractors or related to systemic employment discrimination. See, g., MW Comments on FAR Case 2023-01, “Notice of Proposed Rulemaking, Pay Equity and Transparency in Federal Contracting,” 89 Fed. Reg. 5843-54 (Jan. 30, 2024) [submitted April 1, 2024].

Events

Insights

  • Selected for inclusion into the North Carolina Pro Bono Honor Society, 2020-2024

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