5 of 7 attorneys who are mothers settle with MoFo

Five of the seven female attorneys who sued Morrison & Foerster LLP alleging discrimination against pregnant employees and mothers have reached a settlement with the firm, according to a joint status conference statement.

Deborah K. Marcuse, managing partner at Sanford Heisler's Baltimore office, confirmed Tuesday the matter was resolved as to Jane Does 2, 3, 4, 5 and 7 but declined to comment further.

Two remaining plaintiffs who have yet to resolve their matters now seek to be certified as a class. Additionally, they seek at least $50 million in back pay and another $50 million for nominal, liquidated and compensatory damages. The plaintiffs also seek at least $100 million in punitive damages, according to the joint case management statement filed Nov. 27 in San Francisco federal court. Jane Doe et al. v. Morrison & Foerster LLP, 3:18-cv-02542 (N.D. Cal., filed April 30, 2018).

All the plaintiffs, identified only as Jane Does 1-7, are represented by Sanford Heisler Sharp LLP. MoFo was represented by Gibson, Dunn & Crutcher LLP. U.S. District Judge Jacqueline Scott Corley in San Francisco is presiding over the case.

The remaining plaintiffs plan to file a fourth amended complaint by Dec. 10 "in which all pseudonyms will be lifted," the joint statement said.

The statement added further discovery is needed to negotiate a settlement, if any, to the claims pending for Jane Does 1 and 6.

The lawsuit, filed in 2018, accused MoFo of running 'an old boys' club' environment and discriminating against female attorneys by routinely holding back "women who are pregnant, have children and take maternity leave by denying opportunities for greater pay and limiting progression."

In court filings, MoFo contended it was committed to equal treatment of all employees as well as supporting and advancing women who are also given positions of influence and leadership upon promotion. The same leadership opportunities are given to attorneys who are parents, their response said.

Four of the plaintiffs worked at MoFo's California office. Two worked at the firm's New York location and one worked at the Washington D.C. office, according to the complaint.

MoFo is further accused by plaintiffs of demanding new mothers prove their commitment by working more hours when they return from maternity leave and are given impossibly high standards or denied assignments.

Since 2013, at least seven female lawyers have been held back upon their return from maternity leave in one of MoFo's California offices, the suit said, adding some women who start maternity leave, including Jane Does 4 and 5, have faced termination as a result.

Gibson Dunn could not be reached for comment Tuesday.