Ogletree gets hit with discrimination, harassment lawsuit

Labor defense firm Ogletree, Deakins, Nash, Smoak & Stewart PC was hit with a second employment discrimination lawsuit, this time accusing a Los Angeles partner of sexually harassing another male attorney and blocking his promotion.

The lawsuit, filed Wednesday in Los Angeles County Superior Court by Shegerian & Associates Inc., alleges Ogletree hiring partner Johnnie James repeatedly sexually harassed a male staff attorney until he quit. The lawsuit claims the attorney, a Mexican-American identified as Doe, did not receive equal pay for the work he was doing. The plaintiff alleges that no one at Ogletree spoke to him about his complaints and no independent investigation was conducted.

In a statement, Ogletree said it takes any harassment or discrimination claims seriously, adding that the plaintiff knew he was hired for a no-bonus, project-based position.

“When the plaintiff ultimately improved his performance toward the end of his tenure with the firm, he received the classification change he requested in addition to a $20,000 raise and bonus eligibility. At no time did the plaintiff complain of alleged sexual harassment to the firm before his resignation. We promptly and fully investigated these allegations once they were brought to our attention, and subsequently determined them to be false, unsubstantiated or deficient.”

The lawsuit alleges a broader culture of discrimination at the firm than outlined in a federal gender discrimination case filed last month. That $300 million class action in San Francisco federal court claims female attorneys at the firm have been discriminated against and under-compensated. Knepper v. Ogletree Deakins, 18-cv-00303 (N.D. Cal., filed Jan. 12, 2018).

Separately, Ogletree fired an African-American associate after complaints of racial discrimination and two female partners who alleged pay disparities, according to the latest lawsuit.

“Despite providing legal representation to companies of all sizes, specifically in the area of employment law, and purporting to value diversity, Ogletree has an ongoing practice of discriminating against and harassing its own minority employees, specifically its own minority attorneys. Doe was no exception to Ogletree’s discriminatory practices,” the lawsuit states. Doe v. Ogletree, Deakins, Nash, Smoak & Stewart PC, BC695028 (L.A. Super. Ct., filed Feb. 21, 2018).

The lawsuit states the plaintiff complained of sexual harassment to human resources before leaving the firm last summer.

The plaintiff, who said he is gay and was engaged to be married, said in the lawsuit he was hired as a staff attorney in 2015 and soon was harassed by James, who repeatedly propositioned him for sex. According to the lawsuit, the plaintiff was told he would not be promoted if he were to get married and start a family.

“My understanding is he is a powerful partner there,” said Carney Shegerian, who represents the plaintiff. The harassment went on for two years while the plaintiff began to take on the work of an associate but was not paid like one, the lawsuit alleges. During a performance review, the plaintiff said he asked for equal pay but was “brushed off.”

The plaintiff said when he again asked for a raise, Los Angeles managing partner Betsy Johnson said his salary would not be changed because he worked few hours, the lawsuit states. After months of unheeded complaints about pay disparity, the plaintiff said he was offered an of counsel position at $30,000 less than what he would be getting paid at his seniority level, the lawsuit said. The suit seeks economic and noneconomic damages, as well as punitive damages for 12 causes of action, including quid pro quo sexual harassment.

“This stuff is not going to get checked in any way, especially when you deal with a partner who brings in a lot of money,” said Shegerian. “The way these firms justify it, they are not going to jeopardize that money until someone gets sued.”