Sexual Harassment

When Name Partner Asks Are You 'Banging Her Yet?' Well, You Might Have A Problem

A law firm with an alleged smush room? That's a first.

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A sexual harassment lawsuit was filed by former legal assistant Gina Giardina against Scarinci Hollenbeck and its two equity partners, Donald Scarinci and Kenneth Hollenbeck. And hoo boy, the allegations are head turning.

At a baseline level, the complaint alleges women at the firm were regularly referred to as “girls,” which it argues is “reductive and specifically hostile, because it infantilizes women, a tactic which has been historically part of the systemic and overt discrimination against women in our culture.” Additionally, the complaint alleges that sexual harassment training is an actual joke, with the presentation including a slide of a large-breasted woman with the words: “Are you still paying attention?”

The lawsuit also alleges the firm has a “caucus room,” which is used for partnership meetings… but also as a smush room, to use a Jersey Shore turn of phrase, that is, it’s known as a location for sexual relations that is also within earshot of others. And, in one instance, the complaint alleges parter Scarinci “commended” a married male attorney having an affair with a female assistant on the “down low,” despite the allegations that their activities could be heard by others.

The complaint also alleges Giardina’s direct boss told her that her skills were “not great, but she has a nice ass.” And it alleges Hollenbeck asked the supervisor whether he was “banging her yet?”

As reported by Law.com, there are additional allegations:

Giardina worked for a time with attorney Donald Pepe, whose wife falsely believed Giardina was having an affair with her husband, the suit claims. Pepe’s wife frequently told Giardina by phone that she was a “whore” and threatened to harm her by using “voodoo” practices and other means, the suit claims.

Pepe never tried to protect Giardina from such conduct, and on one occasion, he pressed his groin into her buttocks without her permission, the suit claims. On another occasion, Pepe invited her to participate in intimacy with him, explaining that he had both champagne and strawberries and that they could meet to enjoy them, the suit says.

But there’s more. The complaint alleges that when she complained about the issue to an officer manager, she was told to take it as “a compliment.” When she followed up with the manager’s successor, she was allegedly told, “I know, but there’s nothing I can do,”

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The firm provided the following statement about the litigation to Law.com:

“COVID-19 and the ensuing 16-month closure of our three offices negatively impacted the firm’s bottom line and led to employees in many roles being laid off. This case, which is a result of plaintiff’s termination, grossly misrepresents the culture of our firm and actions of our staff. At no time in plaintiff’s decade of employment did she raise any of these concerns formally or informally through the appropriate channels. Had she raised these issues, the firm would have taken immediate action to investigate them.”

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. 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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