Biglaw

Biglaw Firm Uses Technology As A Defense In Discrimination Case

Those are some pretty explosive allegations.

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Dechert is arguing that cloud-based computing technology, not gender and age discrimination, is the reason behind letting go some of their employees. Back in November, Patricia Gindhart, 58, and Dana Dudek, 55, sued the Biglaw giant alleging they were fired from their jobs in the payroll department of the firm as a result of age and/or gender bias. Gindhart and Dudek filed complaints about their termination with the Equal Employment Opportunity Commission, and received right to sue letters in August.

The plaintiffs, each of whom spent over 25 years in the payroll department at Dechert, claim administrative leaders made comments that revealed their bias against older women, as detailed in the complaint:

“Gindhart’s termination came on the heels of several complaints she raised with defendant that she was being discriminated against because of her age and/or her sex,” the complaint says. “By way of example, plaintiff Gindhart complained about a culture of bias against older and/or female employees at [Dechert], which included a supervisor calling long-term female employees ‘cows’ and the encouragement of a ‘boys club’ that resulted in beneficial treatment for certain younger, male employees of defendant.”

Those are some pretty explosive allegations. But, in an answer filed this week, the firm claims “[d]iscrimination played no role in Dechert’s employment decisions,” and instead insists that technology made the plaintiffs’ positions obsolete, as reported by Law.com:

“Dechert moved to a cloud-based application for finance and human resources and then outsourced its payroll function to streamline processes, improve efficiencies, and implement needed controls,” the answer said. “As a result, the positions held by plaintiffs were eliminated. The decision to terminate plaintiffs’ employment had nothing to do with plaintiffs’ age or gender or any retaliatory motive.”

We’ll have to wait and see if this tech defense works.

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headshotKathryn 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).

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