Davis Polk Responds To Racial Discrimination Lawsuit

They say they'll defend themselves 'vigorously.'

Yesterday, we reported on a recently filed racial discrimination case against white-shoe Biglaw firm Davis Polk. The plaintiff is former associate Kaloma Cardwell, who alleges as an African-American he was not provided the same opportunities for career advancement — he says he was routinely left off deal emails and excluded from conference calls — as his white colleagues. The complaint further alleges that negative performance reviews were “retroactively created after Plaintiff engaged litigation” in order to create a pretext for firing him.

While we are still far away from any formal, filed response from the firm, they have broken their silence. Yesterday afternoon, all Davis Polk employees received an email from managing partner Neil Barr letting them know the firm would “defend [itself] vigorously and will show, based on the record, that the claims are not supported by the facts or the law.”

He also defends the firm’s diversity efforts, and touts that as a core value of the firm. You can read his entire email below:

Dear Colleagues:

As you may have seen, a lawsuit against Davis Polk and several individuals was filed last night by a former associate, Kaloma Cardwell, which alleges racial discrimination and retaliation.

Mr. Cardwell’s termination had nothing to do with his race. He was terminated for legitimate, non-discriminatory reasons following negative performance reviews given in the ordinary course. We will defend ourselves vigorously and will show, based on the record, that the claims are not supported by the facts or the law.

Diversity and inclusiveness in the workplace are core values and commitments of Davis Polk. We have worked hard to develop Firm-wide  training and development programs for lawyers across the seniority spectrum, and we have devoted substantial resources to the recruitment, training, and development of diverse talent. For many years, we have had a dedicated group of partners and administrators working on these issues.

I believe, as the Firm does, that having a diverse and inclusive work environment that promotes equality is not only the right thing but also leads to a more qualified workforce and delivers better and more innovative lawyering that is more responsive to clients’ needs.

I know you understand that given the pendency of this litigation, we are unable to provide additional information at this time. We will, however, keep you updated on developments as necessary. If you receive any inquiries related to the lawsuit, please refer them to Tenley Chepiga at our office of general counsel.

Best regards,

Neil Barr

We’ll be following along with the case as it develops.


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headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. 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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