Gender discrimination suit against Olgetree dropped

A former Ogletree, Deakins, Nash, Smoak & Stewart PC attorney dropped her federal gender discrimination lawsuit against the employment firm.

The attorney, former shareholder Dawn M. Knepper, agreed to drop her claims with prejudice, according to a joint stipulation filed Friday in the Central District of California.

Knepper is represented by David Sanford of Sanford Heisler Sharp LLP. Ogletree is represented by Nancy L. Abell. Neither attorneys responded to requests for comment.

Knepper, now a shareholder at Buchalter, filed her lawsuit in 2018, alleging the firm illegally underpaid women compared to their male colleagues, and restricted their opportunities and advancement.

The firm moved to compel a 2016 arbitration agreement, which Knepper did not sign, but it argued that by not opting out of the agreement she effectively agreed to it. Knepper, meanwhile, argued that opting out does not consent to an agreement, pointing to internal communications by the firm stressing the importance of signatures.

Last year, U.S. District Judge James V. Selna sided with the firm, saying Knepper's lack of recollection about the mandating process didn't get in the way of the agreement's enforceability. He ruled she never opted out of the firm's arbitration policy. Knepper v. Olgetree, Deakins, Nash & Smoak & Stewart PC, 19-CV00060 (C.D. Cal., filed Jan. 10, 2019).

The firm sent emails to Knepper, who was notified the arbitration agreement now applied to non-equity shareholders such as herself. The emails told her to sign and return the agreement or an opt-out agreement. Knepper didn't do either but responded to emails. "I will turn mine in tomorrow. Thanks," according to court filings.

Knepper's lawsuit alleged Ogletree had male-dominated management and compensation committees which steered an inordinate amount of credit for the firm's success to other men at the firm. On average, the firm paid male shareholders about $110,000 more than female shareholders in target compensation and bonuses, according to the firm.

Between 2014 and 2016, the average amount of origination credits, or who got credit for cases, for male shareholders nearly doubled that of female shareholders.