Senior Counsel, Miller Johnson
Brett Swearingen is a Senior Counsel in Miller Johnson’s Employment and Labor practice. A native of Southwest Michigan, Brett’s practice focuses on employment and ERISA litigation, as well as counseling clients on employment matters and dealing with the government.
Mr. Swearingen litigates on behalf of clients in complex matters of employment and ERISA law, including FLSA collective actions, multiemployer pension withdrawal liability disputes, and government investigations. In addition, Brett regularly advises clients—especially state and federal contractors and grantees—on compliance with civil rights laws, as well as religious non-profits on matters regarding employment law and religious liberty. Brett is also experienced in the statistical analysis of workplace issues, such as using “disparate impact analysis” to help employers test for (and root out) potential discriminatory effects of workplace policies and practices.
Brett previously served as Counselor to the Deputy Secretary at the United States Department of Labor. At the DOL, he advised the Deputy Secretary and Secretary on employee benefits and civil rights matters and was a key advisor on several important rulemakings within the Employee Benefits Security Administration (EBSA) and the Office of Federal Contract Compliance Programs (OFCCP), including regulations concerning ESG investing, proxy voting, and fiduciary investment advice, and reforms to OFCCP’s enforcement procedures and religious exemption.
Prior to his time at DOL, Brett was a litigator in the employee benefits practice of a global law firm, where he defended clients in several multi-million dollar ERISA withdrawal liability cases against multiemployer pension funds concerning alleged evade or avoid liability, successor liability, and employer challenges to pension funds’ discount rates.
Mr. Swearingen is currently licensed in Michigan and Washington, D.C.
Chairman, Center for Equal Opportunity
Linda Chavez is Chairman of the Center for Equal Opportunity. She has published opinions and columns in newspapers across the country and appears regularly on cable news. Chavez is the author of the three books: Out of the Barrio: Toward a New Politics of Hispanic Assimilation, An Unlikely Conservative: The Transformation of an Ex-Liberal, and Betrayal: How Union Bosses Shake Down Their Members and Corrupt American Politics. She has been honored by the Library of Congress as a "Living Legend" and as nominee for Secretary of Labor by President George W. Bush.
Chavez has held many appointed positions and has served on numerous corporate and nonprofit boards. Among her appointed positions has been Chairman, National Commission on Migrant Education (1988-1992); White House Director of Public Liaison (1985); Staff Director of the U.S. Commission on Civil Rights (1983-1985); and member of the Administrative Conference of the United States (1984-1986). Chavez was also the Republican nominee for U.S. Senator from Maryland in 1986 and was elected by the United Nations' Human Rights Commission to serve a four-year term as U.S. Expert to the U.N. Sub-commission on the Prevention of Discrimination and Protection of Minorities.
Chavez earned her BA from the University of Colorado.
Judicial Law Clerk, 31st Circuit Court of Virginia
Peter is a legal professional, receiving his J.D. in 2024 from the Antonin Scalia Law School at George Mason University. He has experience in both the public and private sectors, having worked as a crime analyst for Memphis Police Department, and a geographic information systems analyst for Geomni, a private aerial imaging firm. He also has experience in historical and geopolitical research and analysis, including a peer-reviewed essay on U.S.-Pakistani relations during the Soviet-Afghan War, published in BYU's journal for undergraduate historical research. He is an American patriot and wants to use his analytical skill to serve his nation and community.
Honor Law Graduate Attorney, U.S. Nuclear Regulatory Commission
Judicial Law Clerk, U.S. District Court for the Eastern District of Texas
Leo O'Malley graduated, with honors, from the University of Notre Dame School of Law, where he served as a Showcase Team Oralist on the Moot Court Board and the Director of the 2022-23 Religious Freedom Tournament. He recently completed a clerkship with Justice Janine Kern of the South Dakota Supreme Court and is currently clerking on the United States District Court for the Eastern District of Texas. He will go on to clerk for the United States Court of Appeals for the Third Circuit during the 2027-28 term.
A National Merit Scholarship Recipient, Leo previously graduated summa cum laude from Wheaton College, IL in 2020, with a BS in Applied Mathematics and a BM in Organ Performance. While in high school, Leo performed on classical violin at a competitive level, being recognized at numerous local and national music competitions and participating in the Chicago Youth Symphony Orchestras and the Midwest Young Artists Conservatory. In his free time, Leo enjoys reading fantasy novels and experiencing historical architecture. His passion lies in finding innovative and pragmatic solutions to the political, economic, and societal issues facing America in the 21st Century.
Assistant Secretary for Civil Rights, U.S. Department of Agriculture
Devon Westhill is the Assistant Secretary for Civil Rights at the U.S. Department of Agriculture. The U.S. Senate confirmed President Donald Trump’s nomination of Westhill on October 7, 2025.
Westhill returns to the USDA where he previously headed the civil rights office as Deputy Assistant Secretary in President Trump’s first term. His previous government appointments also include service at the U.S. Department of Labor, liaison to the Administrative Conference of the U.S., and liaison to the White House Initiative on Historically Black Colleges and Universities. Prior to returning to government service, Westhill was President and General Counsel of a nonprofit civil rights organization.
Westhill has testified on civil rights matters before Congress, federal agencies, and as an expert witness in federal court. He has spoken hundreds of times at college campuses, conferences, and on radio and TV programs, and he is frequently quoted in print publications, and his writing has appeared in numerous national outlets. A U.S. Navy veteran, Westhill earned his BA from the University of North Carolina at Chapel Hill and his JD from the University of Florida.
Arbitrator, American Arbitration Association & Former Deputy Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor
Bob Gaglione is an Arbitrator for the American Arbitration Association based in San Diego, California. He also teaches law and politics courses at several universities in Southern California.
From 2019-2021, Mr. Gaglione was a Presidential appointee serving as Deputy Director of the Office of Federal Contract Compliance Programs (OFCCP) at the U.S. Department of Labor.
Mr. Gaglione has over 30 years of legal experience, including most recently, serving as founder and principal of Gaglione Law Group in San Diego, CA, where he practiced civil litigation including business, employment, insurance, real estate, and tort litigation. He previously served as a partner at the law firm of McInnis, Fitzgerald, Rees & Sharkey – one of San Diego’s largest law firms at the time.
For more than a decade, Mr. Gaglione has been as a member of the American Arbitration Association National Roster of Neutrals and Panel of Arbitrators. He served as an Arbitrator or Mediator in close to 100 cases before he went to work for the Department of Labor. .
Mr. Gaglione was elected by his peers to a three-year term on the San Diego County Bar Association Board of Directors from 2011-2014. He is a founding Director of the San Diego Chapter of the Federalist Society and a Chair of the Board of Advisors of this chapter. Mr. Gaglione is a Past President of the Todd American Inn of Court and a past Chair of the Bar History Committee and Litigation Section of the San Diego County Bar Association. He has also served on the Board of Directors of the San Diego-Imperial Council of Boy Scouts of America.
Mr. Gaglione is AV-rated by Martindale Hubbell and has been featured in Best’s Directory of Recommended Insurance Attorneys, Law & Business Directory of Environmental Attorneys and Who’s Who in American Law. Mr. Gaglione has been included in the San Diego Daily Transcript Top Attorneys, was named a Super Lawyer numerous times, and has made the list of Top Lawyers in San Diego Magazine.
Mr. Gaglione has taught law and political science courses at DeVry University, Keller Graduate School of Management, and JP Catholic University. He is also a frequent lecturer at the University of San Diego School of Law, San Diego State University, and California Western School of Law.
Mr. Gaglione hosted a radio show known as Independent Counsel: the news from a legal perspective for over seven years. He is also a frequent legal commentator on radio and television news programs.
Mr. Gaglione received a Bachelor of Science degree in Business Administration from the University of Southern California and a Juris Doctor degree from the University of San Diego School of Law. He is a member of the California, District of Columbia, and New York Bars. He is also admitted to practice before the United States Supreme Court, the Ninth Circuit Court of Appeals, and all United States District Courts in California.
Founder, Justice Legal Strategies PLLC
Jon Greenbaum, the founder of Justice Legal Strategies, is one of the top civil rights and voting rights lawyers in the country, having worked for over 25 years in key positions at the Lawyers’ Committee for Civil Rights Under Law and in the Civil Rights Division at the Department of Justice. Jon has litigated some of the most important and complex civil rights cases in this century. Jon also has two decades of experience as a manager of large legal teams and has collaborated closely with a variety of external partners. Jon brings his skills as a litigator, legal thinker, developer and implementer of programs, and manager of people and processes to help progressive legal organizations achieve greater impact through innovative and carefully considered strategies and the ability to create legal teams that thrive.
For nearly fifteen years as Chief Counsel at the Lawyers’ Committee, Jon managed a multi-unit legal department with as many as forty people, served on the Executive Management Team, and co-led teams with law firm partners and nonprofit leaders. Jon worked with staff lawyers and pro bono counsel, public policy teams, communications professionals, organizers, social scientists, clients, external partners, and others to craft multifaceted responses to civil rights issues.
Jon brings his skills as a litigator, legal thinker, developer and implementer of programs, and manager of people and processes to help progressive legal organizations achieve greater impact through innovative and carefully considered strategies and the ability to create legal teams that thrive.
Professor Emeritus of Political Science and Professor Emeritus of Public Policy, Univ. of Maryland Baltimore County
George R. La Noue is Professor Emeritus of Political Science and Professor Emeritus of Public Policy at the University of Maryland Baltimore County. He has served as a trial expert in twenty cases involving public procurement preferences. For thirty years, he was Director of the Project on Civil Rights and Public Contracts at UMBC which recently contributed 289 public contracting disparity studies to the Library of Congress. He has been a consultant to nine governments and trial expert in thirty cases where the validity of disparity studies was at issue.
Prof. La Noue can be reached by email at glanoue@umbc.edu.
Associate Judge, Superior Court of the District of Columbia and President of the Bar Association of the District of Columbia
Craig E. Leen is an Associate Judge of the Superior Court of the District of Columbia. He also serves as the 139th President of the Bar Association of the District of Columbia and a Professorial Lecturer in Law at George Washington University School of Law.
Prior to being sworn in, Judge Leen was a partner at K&L Gates in the Washington, DC office focused on labor & employment, litigation, government contracts, and administrative & regulatory law. He was also the pro bono coordinator for the DC office.
Judge Leen was formerly a federal agency head, serving as Director of the Office of Federal Contract Compliance Programs (OFCCP) at the U.S. Department of Labor.
Prior to his federal service at OFCCP, Judge Leen was the City Attorney of the City of Coral Gables, and before that was Chief of the Appeals Section and then Chief of the Federal Litigation Section at the Miami-Dade County Attorney's Office. Earlier in his career, Judge Leen served as a law clerk to the Honorable Robert E. Keeton, United States District Judge, District of Massachusetts.
In recognition of his public service, Judge Leen received the Secretary's Exceptional Achievement Award - Professional while at the U.S. Department of Labor, and the Paul S. Buchman Award for Outstanding Contribution in the Area of Legal Public Service while in local government.
Judge Leen received his Juris Doctor from Columbia Law School, graduating as a Harlan Fiske Stone Scholar, and having served as a teaching fellow in both Contracts and Torts. Judge Leen received his Bachelor of Arts, cum laude, from Georgetown University, where he majored in both Government and Economics.
Adjunct Professor of Law, New York University School of Law
Jenny R. Yang served in the White House, Domestic Policy Council as a Deputy Assistant to the President for Racial Justice and Equity until March 2024. From the first day of the Biden-Harris Administration until March 2023, she served as the Director of the Office of Federal Contracts Compliance Programs at the U.S. Department of Labor. Before that she served on the Biden-Harris Labor Transition Team. Ms. Yang served as Chair, Vice-Chair, and Commissioner of the U.S. Equal Employment Opportunity Commission from 2013 to 2018.
Ms. Yang is currently teaching Employment Law at New York University School of Law. She previously served as a Senior Fellow at the Urban Institute and a consultant with Working Ideal from 2019-2020. She spent a decade representing workers in complex nationwide employment discrimination and wage and hour actions as a partner and Chair of the Diversity Committee at Cohen Milstein. Before that, she served as a Senior Trial Attorney with the U.S. Department of
Justice, Civil Rights Division, Employment Litigation Section. She began her career at the National Employment Law Project protecting the rights of garment workers. Prior to that she clerked for Judge Edmund Ludwig of the U.S. District Court for the Eastern District of Pennsylvania. Ms. Yang served a co-chair of the first national board of the National Asian Pacific American Women’s Forum. A graduate of Cornell University, she earned a B.A. in Government. She earned a J.D. from NYU School of Law where she was a Root-Tilden Public Interest scholar and served as Notes Editor of the Law Review.
Special Projects Officer, National Guard Bureau, Office of the Inspector General; Adjunct Professor, University of Maryland Global Campus
John McGlothlin currently serves as a special projects officer with the National Guard Bureau. His duties include oversight of the investigation of whistleblower allegations and the development and delivery of training on ethics.
John was previously counsel at Cause of Action, a non-profit law firm dedicated to government transparency. He also teaches as an adjunct professor at University of Maryland Global Campus and previously taught an honors seminar at the Virginia Military Institute.
His military career began in intelligence and included deployments to Iraq and Afghanistan along with working across Europe. He then attended the University of Virginia School of Law and transferred to the JAG Corps and to the D.C. National Guard, where he mobilized during the summer 2020 civil unrest and after the January 6th attack on the U.S. Capitol.
He lives in Washington, D.C. with his wife, the artist MK Bailey, and recently authored his first book, How to Deal with Damn Near Anything – The Paratrooper’s Guide to Life.
He is here today in his personal capacity and his views do not represent the Department of Defense nor any of its components.
Legal Scholar and Solo Practitioner
Jack received his B.A. in History from the University of Virginia in 1977, graduating with Highest Distinction. After graduating Yale Law School in 1980, he served active duty in the U.S. Army's JAG Corps, rising to the rank of Major, where he represented the United States in more than 250 cases.
He practiced for a decade as an Associate for Bradley Arant in Birmingham, Alabama. He proudly served the State of Alabama in the Office of the Attorney General, both as Deputy and Assistant Attorney General, handling complex civil and criminal litigation cases for the people of Alabama. In 2000, he won the "Best Brief Award" from the National Association of Attorneys General for his brief in a case decided by the U.S. Supreme Court, James Alexander v. Martha Sandoval – a case he won. He was Special Assistant to the Inspector General for the Corporation for National and Community Service, Visiting Legal Fellow for the Center for Judicial and Legal Studies for the Heritage Foundation, Of Counsel at Strickland Brockington Lewis, a solo practitioner, and General Counsel for Indigo Energy.
Most recently, he "re-upped" for military service, volunteering his legal services to the Georgia State Defense Force where twice each month he provided legal services for National Guardsmen who were being deployed. He wore his military uniform for the last time in October 2024.
Jack Park passed away on March 16, 2026.
Assistant Secretary for Civil Rights, U.S. Department of Agriculture
Devon Westhill is the Assistant Secretary for Civil Rights at the U.S. Department of Agriculture. The U.S. Senate confirmed President Donald Trump’s nomination of Westhill on October 7, 2025.
Westhill returns to the USDA where he previously headed the civil rights office as Deputy Assistant Secretary in President Trump’s first term. His previous government appointments also include service at the U.S. Department of Labor, liaison to the Administrative Conference of the U.S., and liaison to the White House Initiative on Historically Black Colleges and Universities. Prior to returning to government service, Westhill was President and General Counsel of a nonprofit civil rights organization.
Westhill has testified on civil rights matters before Congress, federal agencies, and as an expert witness in federal court. He has spoken hundreds of times at college campuses, conferences, and on radio and TV programs, and he is frequently quoted in print publications, and his writing has appeared in numerous national outlets. A U.S. Navy veteran, Westhill earned his BA from the University of North Carolina at Chapel Hill and his JD from the University of Florida.
Explainer Episode 91 - OFCCP's Proposed Regulatory Changes
Brett Swearingen, Linda L. Chavez
On July 1st, 2025, the Office of Federal Contract Compliance Programs (OFCCP) released three proposed...
New Voices in Civil Rights: How Universities are Responding to SFFA
Peter Abernathy, Samuel Gellen, Leo O'Malley, Anthony Pericolo, Devon Westhill
Institutions of higher education released demographic data for their first classes admitted after the Supreme...
The Future of Civil Rights Enforcement at the EEOC, OFCCP, and DOJ
Robert J. Gaglione, Jon Greenbaum, George R. La Noue, Craig E. Leen, Jenny R. Yang
Federal civil rights enforcement in the employment area is handled by the Equal Employment Opportunity...
Military Academies Litigation After SFFA
John E. McGlothlin, John J. Park, Devon Westhill
Last year, the Supreme Court decided the cases of Students for Fair Admissions v. Harvard...