Judge pares lawyers’ bias complaint against MoFo

Most of the sex, pregnancy and bias allegations that two female former Morrison & Foerster LLP attorneys filed against the law firm will go to trial in August, a federal judge ruled.

Last week, U.S. Magistrate Judge Jacqueline Scott Corley said she would consider six of the plaintiffs' 13 claims in their entirety, and partially consider three more of those claims.

The four remaining claims -- which alleged MoFo retaliated against the plaintiffs, Sherry William and Joshua Klayman, in violation of Title VII, the Fair Employment and Housing Act, and the New York City Human Rights Law -- were dismissed in their entirety.

"Disputes of material fact preclude summary judgment on many, but not all, of plaintiffs' claims," Corley wrote.

The claims going to trial on Aug. 16 include William's allegations that MoFo engaged in pregnancy and maternity discrimination against her in violation of the Fair Employment and Housing Act; that William was wrongfully discharged; and that the firm violated the state's Family Rights Act and Unfair Competition Law in its conduct with her. Klayman's federal and New York equal pay act allegations will also be considered.

While Corley said there was a possibility MoFo engaged in pregnancy and maternity discrimination against Klayman when the firm denied her a promotion in 2017, the judge agreed with the firm that it was not discriminating against Klayman when it denied her a promotion in 2016. Corley also partially dismissed Klayman's claims that MoFo violated the Family and Medical Leave Act and the New York City Human Rights Law.

William and Klayman were among a larger group of female attorneys at MoFo who filed complaints in 2018 and 2019 against the firm, alleging discrimination. In late 2019, five of the plaintiffs settled their individual claims, leaving William and Klayman to proceed with their current complaint alleging the firm denied them advancement opportunities when they became pregnant, and retaliated against them when they complained of bias.

William and Klayman respectively worked in the finance practice at MoFo's Los Angeles and New York offices. MoFo had filed two motions for summary judgment, one for each plaintiff, and alleged the attorneys failed to advance in the firm because they made poor choices and underperformed.

At oral argument in January, Corley tried to discourage the parties from pursuing a trial, saying she feared the proceeding would "end up hurting everyone."

The case had been referred to U.S. Magistrate Judge Virginia K. DeMarchi for settlement in February.