Coming Soon
2023 Florida Regional Employer Conference
Thursday, October 12, 2023
Miami, FL


Bradford J. Kelley has a broad practice representing employers in employment anti-discrimination and wage and hour matters. He focuses on advising clients about emerging technologies, including artificial intelligence (AI), and their impact in the workplace.

Brad is an internationally recognized workplace AI authority. He advises clients on how to maximize the benefits of using AI in the workplace while minimizing potential legal and business risks. His deep background in this area provides employers with the tools and insights they need to develop, deploy, and monetize AI and other emerging technologies to bolster business operations and efficiency. In addition, he counsels clients on how to effectively navigate the compliance requirements and litigation risks associated with evolving AI laws and regulations. Brad has published numerous articles about workplace AI, including:

Brad also speaks nationally on these emerging issues. He has given workplace AI lectures at Duke University School of Law, Georgetown University Law Center, University of North Carolina School of Law, and George Washington University School of Law.

Prior to joining Littler, Brad was chief counsel to Commissioner Keith Sonderling at the U.S. Equal Employment Opportunity Commission (EEOC) where he provided the commissioner with legal and policy advice on federal employment anti-discrimination laws. At the EEOC, he worked on cases, policies, and regulations under all the statutes enforced by the Commission, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Pregnancy Discrimination Act (PDA), and the Genetic Information Nondiscrimination Act (GINA). He was also a key advisor to the commissioner regarding the EEOC’s Initiative on Artificial Intelligence and Algorithmic Fairness. In this role, Brad was critical in developing, prioritizing, and implementing the Commissioner’s AI agenda. During his time at the EEOC, Brad was awarded the EEOC Chair’s Circle of Excellence Award for extraordinary commitment to the agency, one of the highest honors conferred within the Commission. In addition, he has been selected to serve on Law360’s Employment Discrimination Editorial Board since 2022 and has served as an adjunct law professor teaching employment discrimination.

Before joining the EEOC, Brad was a senior policy advisor with the Wage and Hour Division (WHD) of the U.S. Department of Labor where he provided key policy and legal advice to the administrator regarding the administration, interpretation, and enforcement of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and wage laws affecting government contractors.

A former U.S. Army infantry and intelligence officer and Iraq War veteran, Brad also defends employers against claims under the Uniformed Services Employment and Reemployment Rights Act (USERRA), including complicated military leave issues. A leading authority on USERRA, Brad’s articles on USERRA have been published in the Penn State Law Review, Drexel Law Review, Hofstra Labor & Employment Law Journal, and the Military Times.

Brad began his legal career as a clerk for a federal district judge. He graduated with Order of the Coif and magna cum laude honors from Louisiana State University Law Center, where he earned his law degree and a diploma in comparative law. In college, he earned a triple major and a minor and graduated with Phi Beta Kappa and summa cum laude honors.

Professional & Community Affiliations

Board Member

Law360 Employment Discrimination Editorial Board


Recipient, Chair’s Circle of Excellence Award


Order of the Coif

Omicron Delta Kappa

Phi Kappa Phi

Recipient, Commendation for extensive pro bono work on behalf of veterans

Veterans Consortium Pro Bono Program

News, Analysis & Press

WPI Labor Day Report 2023

WPI Report

September 5, 2023

Filling the Void: Artificial Intelligence and Private Initiatives

24 North Carolina Journal of Law & Technology 153


Wage Against the Machine: Artificial Intelligence and the Fair Labor Standards Act

34 Stanford Law & Policy Review 261


The Sword and the Shield: The Benefits of Opinion Letters by Employment and Labor Agencies

86 Missouri Law Review 1171


The Promise and the Peril: Artificial Intelligence and Employment Discrimination

71 University of Miami Law Review 1


For Whom the Leave Tolls: Short-Term Paid Military Leave and USERRA

127 Penn State Law Review 57


Veterans Employment Discrimination Guidance Updated

Military Times

February 3, 2021

Are Torts Getting Railroaded? Whether the Interstate Commerce Commission Termination Act (ICCTA) Preempts State Tort Claims Against Railroads

82 Journal of Transportation Law, Logistics and Policy 1


Speaking Engagements

2023 Florida Regional Employer Conference

Miami, FL

October 12, 2023

2023 Littler AI Summit

Washington, DC

September 21, 2023

Emerging Technology and the Administrative State

University of North Carolina School of Law

January 27, 2023

The Promise and Perils of Artificial Intelligence in the Workplace: Navigating the Legal & Ethical Issues

Duke University School of Law

January 25, 2023

Responsible Data and Emerging Technologies Fireside Chat Series

Duke University School of Law

January 25, 2023

The Promise and the Peril of AI in the Workplace

Gray Matters Podcast

December 8, 2022

The Promise and the Peril: Artificial Intelligence and Employment Law

AgSafe Food & Farms Conference

October 11, 2022

A New Frontier for the EEOC: Artificial Intelligence in the Workplace

Fairfax Bar Association (Employment Law Section)

July 27, 2022

Artificial Intelligence in Employment and Hiring: Key Legal Considerations


June 29, 2022


  • J.D., Louisiana State University, Paul M. Herbert Law Centermagna cum laude
  • B.A./B.A., Louisiana State Universitysumma cum laude, Phi Beta Kappa

Bar Admission

District of Columbia


  • U.S. Court of Appeals, District of Columbia
  • U.S. Court of Appeals, 4th Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, Eastern District of Virginia