'I suppose we have your honeymoon to blame for this?'

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Can’t we all just get along? This is our second story today about an associate claiming discrimination by her law firm. No wonder Kirkland & Ellis has adopted a new mandatory arbitration policy.
From Massachusetts Lawyers Weekly:

An associate in the employment, labor and benefits section of the Boston firm of Mintz, Levin, Cohn, Ferris, Glovsky & Popeo has filed a complaint with the Massachusetts Commission Against Discrimination charging that colleagues discriminated against her because of her gender and status as a wife and mother.

Mintz, Levin associate Kamee Beth Verdrager also alleges in her MCAD filing against the firm and ML attorneys Robert M. Gault, Donald W. Schroeder and David Barmak that she was the target of retaliation when she complained about the treatment accorded her by certain members of the employment section and that she was subsequently demoted and placed on probation.

Commenting on behalf of the firm, Public Relations Director Gina Addis said that “the reality is from time to time allegations like these are made against all businesses, including law firms. Our firm has and will deal with any such allegations in the ordinary course and at the appropriate time and in the appropriate forum.”

More discussion, including highlights from Verdrager’s complaint, after the jump.


The firm’s track record seems to be mixed. There’s positive stuff:

[A]ccording to the Center for WorkLife Law at the University of California Hastings College of the Law in San Francisco, Mintz, Levin has been named to the Working Mother magazine list of best law firms for women attorneys.

And less positive stuff:

Verdrager’s complaint marks the second time in recent years that Mintz, Levin has been hit with allegations of discrimination against a female associate.

In 2005, the 4th U.S. Circuit Court of Appeals ruled that a jury had acted permissibly on the evidence in finding that Mintz, Levin’s Reston, Va., office had retaliated against a female employee, attorney Dawn M. Gallina — by deferring a pay increase and ultimately terminating her — because of her continued complaints of gender discrimination.

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Mintz Levin has retained WilmerHale in the matter. Here’s what they had to say:

Boston attorney Joan A. Lukey, representing Mintz, Levin, told Lawyers Weekly the firm “obviously denies that there has been any discrimination or retaliation of any kind. Ms. Verdrager is a current associate, who is very well compensated for her services, and the action for which she primarily complained was a setback in her seniority level, which was a product of issues pertaining to her performance.”

Ah, so it’s an Aaron Charney action — going after a firm while you’re still there.

According to WilmerHale attorney Lukey, Verdrager came to Mintz, Levin as a lateral hire, with five years’ experience, “most of which was with a firm in New York. As it turned out, her experience was not at the fifth-year associate level for Mintz, Levin. That was the reason for which the action of which she complains was taken, and the firm categorically denies that there were any improper motives involved.”

Kamee Beth Verdrager’s complaint contains several different allegations. These are the most juicy:

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In December 2004, Verdrager told [partner Robert] Gault she was getting married in a few months, and, according to the MCAD complaint, he suggested she “follow in the path of another female attorney who had agreed to take a cut in salary and status as a means of ensuring her job security.”

Verdrager goes on to claim that Gault made comments in her performance review in the spring of 2005 “that were so derogatory and false that the firm later revised the review to exclude them.”

In October 2005, when Verdrager informed Gault she was pregnant, he responded in what she says in her filing was “a sarcastic and demeaning manner: ‘I guess these things happen. I suppose we have your honeymoon to blame for this?‘”

If these allegations are true, it would be ironic. Bob Gault is an employment lawyer who “has frequently represented employers in…. wrongful termination and discrimination suits…. and litigation arising from employment disputes.”
Since Verdrager and the lawyers she’s accusing happen to work in the employment area, perhaps this will be a learning experience for everyone. They’ve seen employment disputes from the lawyer’s perspective; now they’ll find out what it’s like to be the client.
Mintz, Levin associate hits firm with MCAD bias complaint [Massachusetts Lawyers Weekly]
Robert Gault to Speak on Mass Health Care Reform and Employer Requirements and Responsibilities [Mintz Levin]

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