Dawn Knepper
If you thought a thriving Labor and Employment practice, an Am Law 100 ranking that’s climbing, and a certification from the Women in Law Empowerment Forum meant that a Biglaw firm was immune from a blockbuster gender discrimination suit, well, you’d be wrong. Last Friday, Ogletree, Deakins, Nash, Smoak & Stewart was hit with a $300 million purported class-action by nonequity shareholder Dawn Knepper, alleging gender discrimination and unequal pay.
The complaint alleges Ogletree systemically undervalues the work that women partners (shareholders in the parlance of the firm) do on behalf of the firm:
Why Your Practice Is Burning Money And How You Can Do Better
Our expert panel explores common sources of profit leakage along with practical steps for improvement.
Through formal policies and widespread practices, [Ogletree’s] male leadership interferes with, limits, or prevents female shareholders from receiving the appropriate credit for the business they bring to the firm and their hard work in running complex and demanding cases day-to-day.
The complaint goes on to argue this treatment has a direct — and negative — impact on the pay and promotion of women attorneys at the firm.
There are also some eye-popping numbers in the complaint, which alleges that on average, women shareholders make ~$110,000 less than their male counterparts. And the complaint notes that while women represent about 58 percent of associates at Ogletree, a mere 32 percent of shareholders are women.
Kneppler is represented by the firm of Sanford Heisler Sharp, which is carving out a niche for themselves suing Biglaw firms over gender discrimination. As Law.com reports, Jill Sanford, one of the attorneys on Kneppler’s case, believes the moment is ripe for lawsuits just like this:
Pursuing The Pro Bono Story: A Conversation With Alicia Aiken
This Pro Bono Week, get inspired to give back with PLI’s Pursuing Justice: The Pro Bono Files, a one-of-a-kind podcast hosted by Alicia Aiken.
We are at a cultural tipping point where women in the workplace will no longer tolerate unfair treatment, whether it comes in the form of sexual harassment or, as seems true at Ogletree, discriminatory pay and promotion practices that disadvantage women.
Ogletree has lawyered up, retaining Nancy Abell of Paul Hastings in its defense. In a statement about the lawsuit, the firm said it will “confidently defend” itself:
“Equal opportunity has been a core principle of Ogletree Deakins since the firm’s founding, and we do not tolerate discrimination of any kind—gender or otherwise. We take the allegations filed by one California shareholder very seriously,” it added. “However, the decision-making process that governs our compensation system is both fair and equitable.”
We will continue to follow the developments in this case.
Kathryn Rubino is an editor at Above the Law. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).