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Biglaw Pregnancy Discrimination Suit: Plaintiff Says She Was Told To 'Keep Her Legs Closed' To Prevent Pregnancy

The complaint alleges repeated harassment over breastfeeding and more.

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White & Case is facing a discrimination lawsuit filed by a former senior legal assistant. In the lawsuit, filed Thursday in Manhattan state court, Hannah Kim alleges violations of New York City Human Rights Law for pregnancy, gender, and disability discrimination, hostile work environment, failure to accommodate, retaliation, and constructive discharge. She also seeks unpaid wages pursuant to New York labor law.

As reported by Law.com, Kim alleges a pattern of harassment that began before she went on parental leave in 2016:

“Plaintiff was subject to severe harassment by the individual defendants as a result of her need to express milk while at the office,” Kim said in the complaint. “This harassment was continuous and ongoing until Plaintiff stopped expressing milk for her child at work in approximately the fall of 2018.”

Rita Masino, one of Kim’s managers and a named defendant in the lawsuit, allegedly made repeated comments about breastfeeding, including that the plaintiff’s son was a “grown-ass boy,” that breastfeeding was “hink,” and that “formula was invented for a reason.” The complaint also alleges Masino made comments about Kim’s breasts and nursing bras.

According to the complaint, Kim was also prevented from using the firm’s lactation room. Plaintiff further alleges that when she latched her own door for privacy while pumping Carol Grajeda, another supervisor and named plaintiff, repeatedly tried to open the door while she was mid-pumping. Additionally, Kim alleges Masino interrupted her by telephone for seemingly minor issues.

The complaint alleges both supervisors repeatedly told Kim she should “keep her legs closed” to prevent additional pregnancies. Kim also alleges Masino told her she “better not be planning on getting pregnant anytime soon,” because Grajeda would “not put up with that shit.”

The plaintiff also says Grajeda and Masino harassed her following a car accident when she sought a part time work schedule to accommodate her recovery.

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Kim says she voluntarily left the firm in February of this year after she was denied a bonus for 2019 and her year-end review was repeatedly put off, which she says are signs she was going to be fired. She also alleges she has not received her last paycheck and unused vacation days.

White & Case has not commented on the lawsuit.

Read the full complaint on the next page.

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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