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Jones Day gender discrimination suit

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LaLaLaw
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Jones Day gender discrimination suit

Post by LaLaLaw » Tue Jun 19, 2018 7:36 pm

https://abovethelaw.com/2018/06/jones-d ... tion-case/

This sounds SUPER SHITTY, but not surprising. I'm glad this is coming out right before OCI.

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ymmv
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Re: Jones Day gender discrimination suit

Post by ymmv » Tue Jun 19, 2018 8:00 pm

what the fuck
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Nony
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Re: Jones Day gender discrimination suit

Post by Nony » Tue Jun 19, 2018 9:01 pm

Jesus fucking god, what year is it???

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soj
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Ex-partner sues Jones Day for discrimination (and appears to confirm below market comp for most associates)

Post by soj » Tue Jun 19, 2018 9:19 pm

https://www.law.com/therecorder/2018/06 ... nder-bias/
edit: uh, link seems to be paywalled. it wasn't when i googled it. just google the case or find it on atl if you're inclined.

A new lawsuit alleges Jones Day's black box comp policy and gag rule are a cover for discrimination.

Here are some highlights from the complaint. Some allegations may ring true to anyone who's worked in biglaw, including at other firms.
Male partners control the flow of work in the Palo Alto and San Francisco offices. These male attorneys provide female attorneys with fewer opportunities to work on high billable matters, instead reserving those matters for male associates with whom they prefer to spend longer hours working in the “boys’ club” atmosphere. Female attorneys are put on non-billable projects or on projects where male partners tell them not to record significant blocks of their time. Accordingly, although female attorneys work as hard as male attorneys, their reported objective statistics that drive compensation—chiefly, billable hours—lag behind their male peers. The result is systematic underpayment of female associates.
Sadly, all of this so far sounds like every law firm, except the part about the pay gap, which wouldn't exist at lockstep firms (in theory).
This secrecy extends to partner pay as well: To ensure that female partners do not learn of pay inequities among partners, the Firm still requires partners to maintain confidentiality regarding their own and other partners’ compensation. This confidentiality about pay prevents female attorneys from discovering and seeking to equalize their compensation relative to their male peers.
Yup. That's what people have been saying all this time.
Plaintiff began to experience pay discrimination—and the secrecy that protects and enshrines it—even before she received an offer to join Jones Day. After she interviewed with the Firm, Greg Lanier, the then-partner in charge of Palo Alto, told Ms. Moore that an offer was waiting
for her once she decided to accept it. Until she decided to accept the offer, however, the Firm would not tell her what her compensation would be. Mr. Lanier told Ms. Moore that no one ever rejected an offer after learning of the associated compensation; an attorney who would do such a thing would not fit into the Jones Day culture. Mr. Lanier stated that anyone who asked for more pay was equivalent to a terrorist, adding, “Jones Day does not negotiate with terrorists.”
Can't turn down offer after learning of pay if you have to accept offer before learning of pay.
For example, in 2013 and 2014, Ms. Moore was required to help organize and to participate in an event called “Women’s Spa Day,” in which male partners invited their female clients to a spa. During the event, Ms. Moore and other female partners were expected to disrobe in front of the clients and to serve as “hostesses.” The Firm’s all-male business development committee chose to host this event year after year, over the repeated oral and written objections of Ms. Moore and other female partners. These female partners repeatedly notified the Firm of the event’s degrading nature and relayed direct and unambiguous feedback from female general counsel that the Firm’s clients found the event inappropriate, gender-stereotypical, and offensive.
This one surprised even my jaded ass. I assumed fear of lawsuits and offending clients would have ended this sort of thing. Then again, law firms do a lot of stupid things in the name of tradition.
That the performance review system does in fact ensure that male associates at Jones Day receive the highest compensation was confirmed for Ms. Moore during a conversation with Mr. Kiernan during her tenure as Hiring Partner. During this conversation, Mr. Kiernan reviewed the associate pay scales and rankings for Northern California, reading out to Ms. Moore from his computer screen the names of associates deemed “high performers” in each associate class in the San Francisco and Silicon Valley offices. Only associates so designated received market salaries or “Cravath pay”; all of them were men. Female associates, absent from Mr. Kiernan’s list, received less. Indeed, Plaintiff is aware of several female associates and partners who have been paid less than male associates and partners performing substantially similar work.
According to this, all female associates and some male associates in Jones Day's Northern California offices are paid below market. A number of male associates are paid market. (Is this including bonus? How does this work given the mid-year timing of raises?)
By pretextually terminating Ms. Moore, Jones Day inflicted severe financial penalties against Ms. Moore: Jones Day refused to return $337,500 of capital to her and withheld more than $200,000 in previously-earned compensation that was lawfully owed to her under the Firm’s partnership agreement. At the same time, without explanation or justification, on February 28, 2018, the normal payday for partners, Jones Day paid $43,000 to Ms. Moore’s bank account for her February work and then immediately revoked and refunded the payment.

To make matters worse, in April 2018, Jones Day sent Ms. Moore and Ernst & Young (the tax accountant for Ms. Moore and for Jones Day) a materially incorrect K-1 for Ms. Moore that overstated her received earnings in 2017 by the exact amount Jones Day refused to pay her. By filing this tax return, Jones Day essentially asked the Internal Revenue Service to require Ms. Moore to pay taxes on compensation that she had never received because of the Firm’s retaliatory and discriminatory decision. Jones Day did this despite knowing that Ms. Moore was unemployed at the time and had no means to pay these taxes.
Inflated K-1/tax bomb is probably an administrative error but I can't rule out the possibility of Midwestern passive aggression. How Jones Day. Davis Polk is taking notes.

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soj
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Re: Jones Day gender discrimination suit

Post by soj » Tue Jun 19, 2018 10:14 pm

jeez, jones day. just stick to harassing women and holding them back from advancement like every other firm. had to get greedy and underpay them on top of that.

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Gray
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Re: Jones Day gender discrimination suit

Post by Gray » Tue Jun 19, 2018 10:31 pm

Merged SOJ's other thread. WTF Jones Day.

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soj
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Re: Jones Day gender discrimination suit

Post by soj » Tue Jun 19, 2018 10:55 pm

For example, for several years, Plaintiff herself earned less than the amount Jones Day paid a male sixth-year associate, James Burnham, who has since left to work with the Trump administration.
NY Times in 2010:
Emma Kathryn Mittelstaedt and James Mahoney Burnham were married Saturday . . . . Her father is the partner-in-charge at the San Francisco office of the Cleveland law firm Jones Day.
https://www.nytimes.com/2010/07/18/fash ... taedt.html

can't wait to read jones day's motion to dismiss. "if a daughter-in-law of a partner in charge were an associate, we would have paid her 800k too."
assuming this doesn't get settled/arbitrated/whatever

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soj
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Re: Jones Day gender discrimination suit

Post by soj » Tue Jun 19, 2018 11:13 pm

jones day so shitty even a dude getting paid more than 2x his classmates and guaranteed to make partner would rather work for government

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Re: Jones Day gender discrimination suit

Post by BearCat » Wed Jun 20, 2018 12:11 am

I always knew Jones Day was trash idk why people go there.

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Re: Jones Day gender discrimination suit

Post by riot » Wed Jun 20, 2018 12:14 am

I'm shocked, just shocked that secret and subjective compensation would lead to gender inequities. whoever could have seen that coming?

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Re: Ex-partner sues Jones Day for discrimination (and appears to confirm below market comp for most associates)

Post by ss108 » Wed Jun 20, 2018 12:22 am

soj wrote:
Tue Jun 19, 2018 9:19 pm
For example, in 2013 and 2014, Ms. Moore was required to help organize and to participate in an event called “Women’s Spa Day,” in which male partners invited their female clients to a spa. During the event, Ms. Moore and other female partners were expected to disrobe in front of the clients and to serve as “hostesses.” The Firm’s all-male business development committee chose to host this event year after year, over the repeated oral and written objections of Ms. Moore and other female partners. These female partners repeatedly notified the Firm of the event’s degrading nature and relayed direct and unambiguous feedback from female general counsel that the Firm’s clients found the event inappropriate, gender-stereotypical, and offensive.
This one surprised even my jaded ass. I assumed fear of lawsuits and offending clients would have ended this sort of thing. Then again, law firms do a lot of stupid things in the name of tradition.
Yeah that was my reaction: no great surprise that this kind of thing would be thought up at the firm with the greatest ties to the Trump Administration, but surprise any modern company would execute on such a plan given practical considerations/common sense.

Also I don't understand...why would the female clients want to see the firm's females disrobe, and why would they want to be served by said disrobed female associates? I guess the question is really "why do JD loons think female clients would want that".

Also wondering what "disrobe" means here exactly.
Last edited by ss108 on Wed Jun 20, 2018 1:48 am, edited 2 times in total.

BearCat
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Re: Jones Day gender discrimination suit

Post by BearCat » Wed Jun 20, 2018 1:23 am

Also why tf are Jones Day clients not switching firms, esp if they're offended enough to complain about the spa day.

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Re: Jones Day gender discrimination suit

Post by jhett » Wed Jun 20, 2018 8:34 am

I was a summer associate in one of JD's California offices, but didn't take the offer. I always wondered by the attrition among the female attorneys was so high... now I know.

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Danger Zone
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Re: Jones Day gender discrimination suit

Post by Danger Zone » Wed Jun 20, 2018 8:42 am

This is incredible

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Spidey3147
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Re: Jones Day gender discrimination suit

Post by Spidey3147 » Wed Jun 20, 2018 9:43 am

This is disgusting on so many levels. For the sake of my friends at JD, I hope this puts an end to their absurd black box compensation structure.

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soj
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Re: Jones Day gender discrimination suit

Post by soj » Wed Jun 20, 2018 9:53 am

i know this is old news and peripheral to the complaint, but i still can't get over jones day paying the son-in-law of a partner in charge 800k as an associate (while paying female partners less and forcing them to strip for clients). i've seen third world dictatorships and drug gangs less corrupt than jones day. was it here or tls where someone tried to defend jones day's black box in part on grounds that it allows you to do as well as james burnham if you're a real superstar? lmfao

BearCat
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Re: Jones Day gender discrimination suit

Post by BearCat » Wed Jun 20, 2018 11:12 am

No doubt if you dig deeper into this firm you'll unravel racial discrimination in compensation too, if minority associates even make it long enough for a gap to occur

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Re: Jones Day gender discrimination suit

Post by Stirfry » Wed Jun 20, 2018 11:46 am

Sounds like she was an ERISA service partner and he was an associate with considerable connections.

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mercy
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Re: Jones Day gender discrimination suit

Post by mercy » Wed Jun 20, 2018 6:13 pm

6th year associate made $810K?

Wat

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SmittyWerben
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Jones Day Sued for Pregnancy and Gender Discrimination by 6 Former Associates

Post by SmittyWerben » Thu Apr 04, 2019 8:44 am

Article: https://www.nytimes.com/2019/04/03/busi ... ation.html

Thoughts? The allegations in the complaint are pretty terrible. It's been pretty clear for a long time now that the Jones Day "black box" is just an excuse for below-market compensation, and likely other arbitrary abuses (such as withholding compensation to pregnant associates).


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Sunny
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Re: Jones Day gender discrimination suit

Post by Sunny » Thu Apr 04, 2019 3:05 pm

A friend recommended me for a Jones Day opening. I met with them and asked them to accommodate a change in their offer. A partner from the hiring committee came back at my friend and unleashed a tirade on her. Way too much crazy for me. Turned them down.

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Nebby
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Re: Jones Day gender discrimination suit

Post by Nebby » Wed May 08, 2019 9:13 pm

Damn. Jones Day is terrible

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