We’ve embedded the full complaint below. Here are some of the more fun or interesting parts:
84. The only limited comments for which some partners expressed room for growth, were not substance, but subjective claims about fit within the Ropes “culture” — a virtually all white culture, that viewed blacks as “diversity hires” and “tokens.”
85. For example, Lisa Ropple stated:
Lateral from Cravath/Jenner & Block. Some people adore him; others say he needs softening around the edges. Can be hierarchical, but willing to learn and does learn. Needs to learn to help associates and train them. Wants to be a partner.
“Hierarchical” and in need of “softening”? Well, cut John Ray a little slack. You can take the boy out of Cravath, but you can’t take the Cravath out of the boy.
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131. Immediately thereafter, Ropes began an “investigation” into Ray, led by “Chief People Officer” Joy Curtis.
132. And as a result, the firm issued a “reprimand” not regarding his work product, but his social interactions, claiming, among other things that he “barked” orders like a dog at others and did not “make eye contact.”
Alleged barking of orders? Inadequate eye contact with colleagues? I’m surprised that Ray did not make partner.
Here is one of the most striking allegations from the complaint:
107. In early 2008, Robert Skinner, a partner in the Litigation Department, entered Ray’s office, closed the door and explained that the firm wanted to compete for the discrimination case against Washington Mutual and its affiliates, to build a new relationship.
108. Skinner explained that Washington Mutual and its various loan affiliates were alleged to have discriminated against blacks who applied for home mortgage loans in Dorchester, Massachusetts (a predominately black neighborhood) by adding arbitrarily extra non-credit based percentage points to their interest rates.
109. Skinner said that it was important for the firm to be able to present a “black face” to Washington Mutual as part of the litigation team.
110. Skinner said that he wanted to be clear, while Ray would have some responsibility, he would be a “token black associate” for the team and largely “sit there and smile.”
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I find this rather surprising. Back when I worked in private practice, I had a case against Rob Skinner, and I found him to be a perfect gentleman. And I’m not alone in that view; readers of Above the Law identified Skinner as a top partner to work for, describing him as “a phenomenal human being.” Another Ropes source has called him “a well-loved, youngish partner” — one who staged a Midlife Crisis Cabaret on the occasion of his fortieth birthday.
Rob Skinner doesn’t strike me as evil enough — or, quite frankly, stupid enough — to say the things he’s accused of saying. I would expect the kind of staffing arrangement alleged by Ray to be instituted with much more subtlety (if at all). When I was at a firm, I was staffed on a case that was overseen, on the in-house side, by an Asian-American lawyer. I suspect that one of the reasons I was put on the case was because I’m Asian-American; the in-house lawyer and I bonded over our shared Asian heritage, which presumably pleased the partners. Nobody ever told me the firm needed a “yellow face” on the matter; they just went ahead and staffed me.
But look, who knows; surprising things can happen in the world of Biglaw. If this ever goes to trial, both sides can put forward their evidence, and a jury can decide who’s telling the truth.
Finally, John Ray’s complaint features a celebrity cameo:
144. [I]n late June 2008, [Ropes partner] Diane Patrick contacted Ray to discuss his complaints, as a member of the firm’s “Diversity Committee.”
145. Ray extensively detailed his concerns to Patrick, who was appalled by the conduct of her partners.
146. Patrick, however, never responded.
147. She remained quiet.
Yes, we’re talking about that Diane Patrick — the Ropes & Gray partner who also happens to be the First Lady of Massachusetts, thanks to her marriage to Governor Deval Patrick. If this matter does go to trial, will the First Lady be called to testify? That would certainly be something to behold.
But we’re a long way off from a trial; this litigation is just getting started. For your reading pleasure, here is the complete complaint in Ray v. Ropes & Gray:
Ex-associate broadens bias complaint against Ropes & Gray [National Law Journal]
Earlier: (Potential) Lawsuit of the Day: Another Discrimination Claim Against Ropes & Gray
(Potential) Lawsuit of the Day: More From John Ray About Ropes & Gray
Biglaw Discrimination Lawsuit Potpourri: Proskauer Rose and Ropes & Gray
Ropes & Gray Partner Rob Skinner Puts on a Midlife Crisis Cabaret