Biglaw

Plaintiffs In Jones Day Gender Discrimination Case Want It To Be A Class Action

Plaintiffs are taking on the black box compensation model.

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Plaintiffs in the gender discrimination case filed against Biglaw firm Jones Day have filed a motion in federal court to conditionally certify the case as a collective action under the Equal Pay Act. The purported class-action gender discrimination lawsuit alleges a “fraternity culture” at the firm and unequal pay behind the firm’s notorious “black box” compensation system.

There are currently six named plaintiffs in the case (there had been seven, but one anonymous plaintiff dropped out rather than reveal her name). The plaintiffs are spread throughout the country — Nilab Rahyar Tolton, Andrea Mazingo, Meredith Williams, and Jaclyn Stahl worked in California offices of the firm, while Saira Draper was an associate in Atlanta, and Katrina Henderson was in the firm’s New York office — and allege the same black box compensation systems kept their pay below that of men working at the firm:

“Plaintiffs worked in multiple Jones Day offices and practice groups, and each has been subjected to a common compensation practice that results in women earning less than men for substantially equal work,” they said in the filing. “All are challenging the same compensation policy, under which every associate’s compensation is determined in a ‘black box,’ with final decisions made by the Firm’s Managing Partner, Stephen J. Brogan.”

If the collective action is certified, female associates who have worked at Jones Day since April 3, 2016, would be able to opt into the litigation.

In their response to the First Amended Complaint, Jones Day denied the plaintiffs’ allegations, going after the notion the plaintiffs should be paid on the market scale set by Cravath, and highlighting the professional failings of the plaintiffs.

Earlier coverage: Jones Day Hit With Explosive Gender Discrimination Case
Jones Day Facing Second Class-Action Lawsuit Over ‘Fraternity Culture’ Of The Firm
Partner Whose Behavior Features Prominently In Jones Day Gender Discrimination Lawsuit Is Out At The Firm
Jones Day Wants Gender Discrimination Plaintiffs To Reveal Themselves To The Public
Plaintiffs Throw Shade At Jones Day In Gender Discrimination Lawsuit
Gender Discrimination Lawsuit Against Jones Day Gets Yet Another Plaintiff
Gender Discrimination Lawsuit Against Jones Day Dropped — Well, One Of Them At Least
Jones Day Gender Discrimination Case Spreads To New York
Amended Gender Discrimination Case Brings The Real Scoop On Jones Day Compensation
Jones Day To Gender Discrimination Plaintiffs: You Don’t Deserve To Be Paid On The Cravath Scale
Plaintiff Backs Out Of Gender Discrimination Lawsuit Against Jones Day Rather Than Reveal Her Name

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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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