Date: August 14th, 2019 3:49 PM Author: Bistre infuriating resort
Couple Sues Law Firm Over Parental Leave, Wages and a Firing
ImageJulia Sheketoff and Mark Savignac at home with their son, Henry. They are suing Jones Day, where they worked as lawyers, over its parental-leave and wage practices, along with Mr. Savignac’s dismissal.
Julia Sheketoff and Mark Savignac at home with their son, Henry. They are suing Jones Day, where they worked as lawyers, over its parental-leave and wage practices, along with Mr. Savignac’s dismissal.CreditCreditT.J. Kirkpatrick for The New York Times
By Noam Scheiber
Aug. 14, 2019
Jones Day, one of the nation’s largest law firms, faced a harsh spotlight this year when six female lawyers filed a class-action complaint saying they had faced gender and pregnancy discrimination while working there and had been subjected to a “fraternity culture.”
Now the glare has intensified, with a couple formerly employed at Jones Day charging in a federal lawsuit that the firm discriminated in its parental-leave policies, and that the husband was fired after he questioned the practice.
The complaint, filed Tuesday, maintains that the firm and some of its partners promoted crude stereotypes about gender roles, with a prominent male partner asking rhetorically, “What would a man do on parental leave — watch his wife unload the dishwasher?” The same partner, the suit claims, teased a male associate for taking parental leave to care for a child.
The plaintiffs are Mark C. Savignac and Julia Sheketoff, who worked in the firm’s elite appellate practice in Washington. Their lawsuit asserts that Jones Day’s policy unlawfully denied Mr. Savignac the full leave he was entitled to after their son was born in January, and that it unlawfully fired him when he complained about the policy.
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“I was shocked; we truly never considered that they would fire me,” Mr. Savignac said. “We thought the law was so obvious.”
Under the firm’s policy, biological mothers who seek to be a primary caregiver receive 10 weeks of paid family leave plus eight weeks of disability leave, while biological fathers who seek to be a primary caregiver receive 10 weeks of family leave. The firm also awards new adoptive parents of either gender 18 weeks of paid leave if they seek to be a primary caregiver.
The Equal Employment Opportunity Commission has held that employers can award biological mothers eight weeks more paid leave than biological fathers if the additional time is tied to their recovery from the physical toll of childbirth.
But in their legal complaint, Mr. Savignac and Ms. Sheketoff argue that Jones Day awards mothers eight additional weeks of paid leave without regard to whether their physical condition warrants it. The plaintiffs write that the policy gives “female associates more time to enable their husbands to prioritize their careers over child care” and “reflects and reinforces archaic gender roles and sex-based stereotypes.”
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Cynthia Thomas Calvert, who advises employers about family-leave policies, said the claim’s fate would hinge on determining whether the policy was intended to provide greater accommodation to recovering mothers, or more time for bonding with a child. If meant to foster bonding, the time is supposed to be equal for fathers and mothers. Advocates argue that policies making it easier for fathers to assume domestic responsibilities help overcome an assumption that mothers are less devoted to their careers.
Ms. Calvert said that the fact that adoptive parents receive the same amount of paid leave as biological mothers supported the plaintiffs’ argument that the leave was for bonding, but that this fact was not decisive.
A policy like Jones Day’s does not appear to have been tested in court, but in 2015 CNN settled an analogous case with a biological father.
David Lopez, a former general counsel of the Equal Employment Opportunity Commission, said Mr. Savignac appeared to have a strong claim that his firing was unlawful. Mr. Savignac was fired three business days after he and Ms. Sheketoff said in an email to the firm that the leave policy was discriminatory, and he had previously earned strong performance reviews, according to the complaint.
Jones Day defended its policy, saying it grants birth mothers eight weeks of paid disability leave to avoid having to ask for medical evidence that they are still recovering from childbirth. The firm said the firing of Mr. Savignac had not been in retaliation for criticizing the leave policy, which it said he and Ms. Sheketoff had done in 2018 without repercussions. Rather, it said, it fired him because he had shown a “lack of courtesy” to colleagues and an “open hostility to the firm,” citing his email.
The firm also said its adoption-leave policy reflected the unique demands that adoptive parents can face, like foreign travel and legal proceedings.
Jones Day’s policy is at odds with a trend in which companies are increasingly eliminating the distinction between fathers and mothers or primary and secondary caregivers. They award all employees the same amount of family leave for a new child, though women who give birth can sometimes receive additional time to recover through disability leave.
Jones Day has risen to prominence in recent years thanks partly to its ties to President Trump, whose campaigns it has represented. Several lawyers joined the administration from the firm, including Donald F. McGahn II, Mr. Trump’s first White House counsel.
Mr. Savignac said he had been on parental leave for a few weeks when the firm emailed to say that he was fired, effective that day. He said that he asked Ms. Sheketoff to sit down and hand him their infant, for fear she might drop the baby upon hearing the news.
ImageThe lawsuit by Ms. Sheketoff and Mr. Savignac asserts that the gender disparity in family leave at Jones Day is intended to give “female associates more time to enable their husbands to prioritize their careers over child care.”
The lawsuit by Ms. Sheketoff and Mr. Savignac asserts that the gender disparity in family leave at Jones Day is intended to give “female associates more time to enable their husbands to prioritize their careers over child care.”CreditT.J. Kirkpatrick for The New York Times
According to the lawsuit, after Jones Day fired Mr. Savignac, it refused to allow two partners who had worked closely with him and previously praised his work to recommend him to prospective employers. Mr. Savignac said he had applied to dozens of firms without receiving an offer before accepting an offer in June. Ms. Sheketoff left the firm while pregnant last year to work for a public defender’s office, where she took a substantial pay cut.
Separately, the couple contends that the firm paid Ms. Sheketoff less than it would have paid a man because of her gender. “Julia’s salary was cut in relative terms based on a negative review from a partner who, in hindsight, clearly treated her worse because she is a woman,” said the couple’s email to the human resources director included in the complaint.
Jones Day denied that it had discriminated against Ms. Sheketoff and said that “her reviews from multiple partners were mixed.”
Ms. Sheketoff was at Jones Day for almost four years, and Mr. Savignac was there about 20 months.
Their allegations echo those in the class-action complaint against Jones Day, filed in April, that spoke of a “fraternity culture.” That lawsuit, pending in federal court, contends that women who give birth face obstacles to advancement at the firm, and that women who have a second child are often asked to leave within a few months of returning to work.
Both lawsuits describe a “black box” compensation system in which the firm’s managing partner, Stephen J. Brogan, sets pay for associates. The complaints argue that this system enables pay discrimination against women.
Most large firms pay associates according to a so-called lockstep system, in which salaries are based on seniority, although bonuses can vary.
In a legal filing responding to the class-action complaint, Jones Day said that Mr. Brogan performs “a high-level review of proposed associate compensation adjustments” and denied that the system results in lower pay for women.
The firm said two plaintiffs in the earlier lawsuit had been asked to leave the firm after the birth of a second child because of “performance issues.”
Both Ms. Sheketoff and Mr. Savignac were clerks at the United States Supreme Court before joining Jones Day, which typically hires more former Supreme Court clerks than any other firm.
Ms. Sheketoff and Mr. Savignac said Jones Day had enlisted them to recruit other former clerks and extol the virtues of working in the firm’s appellate practice. “I feel bad about having worked to persuade other people who may have been misled,” Mr. Savignac said.
Date: August 14th, 2019 3:55 PM Author: Territorial genital piercing
i, for one, welcome these suits against our biglaw overlords. nice to see people have the balls to right biglaw shitboomer partners w/o fear of ruining their careers.
Date: August 14th, 2019 4:19 PM Author: dashing macaca
It's funny how they twist the anti-male discrimination into anti-female for the optics:
"The plaintiffs write that the policy gives “female associates more time to enable their husbands to prioritize their careers over child care” and “reflects and reinforces archaic gender roles and sex-based stereotypes.”"
Date: August 14th, 2019 3:59 PM Author: appetizing fuchsia hairy legs
lol whoa JD doctored the ugly wife to make her look prettier and she got MAF
>> And now for the most shocking allegation in the complaint, at least in my humble opinion: the complaint alleges that when Sheketoff had her picture taken for the firm’s website, the final image was edited to lighten her skin and narrow her nose. As the complaint notes, “[t]he apparent purpose of the alterations was to make was to make Julia appear more Caucasian and (in the opinion of the editor) more attractive.” The complaint says they edit the pictures of women at the firm on the reg (pointing to two of Sheketoff’s female friends at the firm) to make them prettier, while men are spared the photoshop treatment. In a perfect illustration on the way intersectionality works, in the case of this bi-racial woman, “prettier” = more white. <<
Date: August 14th, 2019 4:02 PM Author: appetizing fuchsia hairy legs
as a guy who thinks white chicks are wayyyyy better looking, i actually don't think they were trying to make her whiter. Just looks like they were brightening up her face, and it actually does look better and not as dowdy
Date: August 14th, 2019 4:21 PM Author: House-broken House
(Kirkland & Ellis non-equity "partner" poasting from his shared office in jeans and t-shirt, feeling cocky about dress-code violations since all the equity partners are away in san diego at the annual meeting)
Date: August 15th, 2019 2:25 AM Author: richard clock (ggtp)
on the flip side, JD found these dudes to be worth half a million a year but thought it was worth just throwing them in the trash over a few extra weeks to take care of a newborn? seems insane
Date: August 14th, 2019 5:05 PM Author: talking concupiscible persian
No one over there thought it might invite litigation to fire--effective immediately--a likely litigious associate for complaining about parental leave while he was still on parental leave? And this firm wants clients to hire it for important deals and cases?
Date: August 14th, 2019 5:42 PM Author: Slate Vigorous New Version Senate
She left in August baby was born in January. They asked for extra weeks in August but were denied. Then sent email demanding the weeks after kid as born or they will sue.
She’s a federal public defender and he’s at Steptoe as of June.
Both Breyer clerks, he clerked for Posner, her Sentelle.
Date: August 14th, 2019 5:42 PM Author: electric ape
He obviously put it writing to set a record and JD was stupid enough to fall right in and fire him immediately. They are such a cheap ass firm that they couldn’t wait a few months before firing him to make it look less retaliatory. Guess they’re not afraid of litigation since they don’t spend any money on outside counsel, and they will just use their shitty associates and partners to defend the suit.
Date: August 14th, 2019 8:58 PM Author: Bistre infuriating resort
146. On January 16, 2019, shortly after their son was born, Julia and Mark sent the following email to the Human Resources Director and Heifetz:
We have closely reviewed the case law, including the two cases you rely on. We have also discussed the matter with other competent attorneys. Your cases do not support Jones Day's discriminatory policy, which is illegal under Title VII and D.C. law.
Jones Day's policy is also inconsistent with the EEOC enforcement guideline you mention. Regardless, your reliance on the guideline example is misplaced because EEOC's interpretations of the substantive provisions of Title VII do not receive Chevron deference, and courts routinely reject them. E.g., Young v. UPS, 135 S.Ct. 1338, 1351-52 (2015).
Because our son has now been born and because Julia made the prior request whereas I will be the named plaintiff, I write to say: Give me the treatment that Jones Day gives to all women with new children-IS weeks of paid leave and 6 weeks of unpaid leave--orelse I will file a charge with EEOC and then a class-action lawsuit, and the matter will be decided in the D.C. Circuit and in the court of public opinion. We are very familiar with the D.C. Circuit and
confident that we will win.
I am aware that Jones Day's black-box compensation system and its attempts to keep associate salaries secret are tailor-made to enable sex discrimination, including retaliation. We ourselves experienced this when Julia's salary was cut in relative terms based on a negative review from a partner who, in hindsight, clearly treated her worse because she is a woman. As you know, Title VII prohibits retaliation for opposition to sex discrimination.
Date: August 14th, 2019 5:25 PM Author: talking concupiscible persian
This is like an episode of when keeping it real goes wrong from Chappelle show. I can picture a partner smugly emailing the plaintiff to fire him and saying, this firm does not tolerate "lack of courtesy" to colleagues and an "open hostility to the firm." We keep it real.
Now they're getting sued, getting written up in the Times, and will either have to settle or air a bunch of dirty laundry litigating.
Date: August 14th, 2019 5:52 PM Author: Bistre infuriating resort
I love this gem from paragraph 83: "Indeed, Partner A has stopped by the male Issues & Appeals associates' table in the Jones Day cafeteria to make self-deprecating remarks to the effect that the male associates are more intelligent than Partner A."
Date: August 14th, 2019 6:03 PM Author: Bistre infuriating resort
Any idea why they would do a case with mandatory fee-shifting pro se? Even if they wanted to do everything on their own, they should have at least gotten a shitlawyer to churn the bill for them.
Date: August 14th, 2019 7:30 PM Author: talking concupiscible persian
Inspired by traditions at Oxford and Cambridge, the Jones Day Issues & Appeals dining hall table is on a platform raised above other tables, a symbolic reference to the elevated scholarly discussions taking place.
Date: August 14th, 2019 8:39 PM Author: Drab rambunctious windowlicker
Don’t get me wrong, I love seeing these assocs air out their firm’s dirty laundry. But Jones Day is notorious for hiring SCOTUS clerks and paying them tons of money as window dressing while requiring them to bill comically low hours. The more clients learn about this racket the better.
Date: August 14th, 2019 8:26 PM Author: richard clock (ggtp)
Jones Day about to triple down on including shitty feedback in every attorney's review going forward to ensure it has material to defend against these lawsuits
Literally every employer already does this. My last bank literally no one ever got the highest rating. Not even people about to be promoted. One guess why.
Date: August 14th, 2019 11:07 PM Author: richard clock (ggtp)
cr, their recent activity suggests they are just champing at the bit to shit all over their associates, and they have material on deck to dump on anyone at a moment's notice
Date: August 14th, 2019 11:27 PM Author: haunting fragrant garrison sex offender
They do, which is why they are not listening to you. They know that capitulating is ALWAYS seen as an admission of guilt, will be touted by their competitors, and will invite future lawsuits.
"Jones Day terminated Mr. Savignac's employment because it concluded that he showed poor judgment, a lack of courtesy to his colleagues, personal immaturity, and a disinterest in pursuing his career at Jones Day—all of which are apparent in an intemperate email he sent to a member of our professional staff and in the complaint itself. ...
Ms. Sheketoff was a highly paid associate who made more than her husband despite the fact that her reviews from multiple partners were mixed, her contribution to billable client representations was below expectations, and her attention was focused on idiosyncratic concerns."
Date: August 14th, 2019 11:38 PM Author: Insane Chestnut Station
LMAO
“Ms. Sheketoff was a highly paid associate who made more than her husband despite the fact that her reviews from multiple partners were mixed, her contribution to billable client representations was below expectations, and her attention was focused on idiosyncratic concerns.
Date: August 14th, 2019 11:48 PM Author: lake titillating area
Will be called a bootlicker, but I love this firm response. Fighting fire with fire rather than bending over for a spoiled 30yo couple they were paying $1M/year.
Date: August 15th, 2019 11:24 AM Author: Territorial genital piercing
It's automatically boot licker given the "her reviews from multiple partners were mixed" propaganda in the review. That automatically makes JD in the wrong
Date: August 15th, 2019 11:26 AM Author: appetizing fuchsia hairy legs
Why? Doesn't the complaint argue that her comp was lower because of her gender?
If her comp was indeed higher, and her reviews are worse, doesn't that contradict her claim?
I agree with you that both the JD black-box compensation model, as well as the bullshit review farce in general, are bullshit, but that's a separate issue in my mind.
Date: August 15th, 2019 11:30 AM Author: Territorial genital piercing
The bigger issue to me isn't the parental leave policy. It's that biglaw is incompatible with any kind of family life. There's a culture where it's macho to not take any paternity leave and you're a sissy if you're not on a conference call or responding to emails while your wife is literally delivering. This is the same culture where you're looked down at for taking any kind of vacation. This to me is the bigger issue.
Date: August 14th, 2019 11:56 PM Author: Heady dead tanning salon masturbator
All of you who are surprised about how JD responded to this guy have no fucking clue about that SPS firm. The lit partners at the center of that firm are evil as fuck.
Date: August 15th, 2019 12:05 AM Author: glittery violet boiling water kitchen
Seems like the appellate practice is more trouble than it is worth. I never understood that appellate practices bring in much $$. It is more about prestige and name cachet to say you went in front of SCOTUS x number of times last year. But apparently they pay the associates $500k to start?? The deal team members working 2800 hours a year will love it.
And why are certain partners even fielding these HR concerns? Arguing with the head of your practice group about a firm leave policy is a total dead end. They are not mom & dad.
Date: August 15th, 2019 8:53 AM Author: unhinged doobsian chapel
Almost so cartoonish one might get the idea that he didn’t actually mean it and that instead he was saying it with the purpose of exaggerating with an intent to incite laughter from those hearing it.
Date: August 15th, 2019 1:25 AM Author: Big Sweet Tailpipe Stag Film
I don’t understand why these people are getting bashed ITT. Sure they seem to be shitlib but they’re fighting for men to get longer paternity leave - what’s wrong with that?
Date: August 15th, 2019 11:17 AM Author: appetizing fuchsia hairy legs
Because it's bullshit. Women who give birth really should get longer leave than men. It's okay to treat men and women differently.
And also, literally no man, other than one who is halfway out the door because he sucks, or who wants to leave anyway, will take 18 weeks of paternity leave. It's not even necessary. All it will do is reward bad associates or associates who want to leave anyway, while those male associates who are trying to climb the ladder will take a more typical 2 weeks.
Date: August 15th, 2019 1:21 PM Author: Slate Vigorous New Version Senate
Also, if jones day changed their policy to require a woman to get a doctors note for the extra 8 weeks of paid leave, I don’t think dude would have a claim.
Date: August 15th, 2019 10:12 AM Author: talking concupiscible persian
"My fondest memories, and this may sound bizarre, but my best memories of the practice of law are the all nighters, staying up all night to draft a surly email to my practice group chair about getting more paternity leave."
Date: August 15th, 2019 1:31 AM Author: Vibrant dun center feces
You would have to be insane to work at JD after all of this shit. They typically hire pretty strong candidates that have other offers - who in their right mind would go to this place over its competitors (aside from conservaheros and ND grads, in my experience)?
Are clients really like “wow, great judgment and discretion teeing off on these 20-30 somethings in the public domain”? I can’t imagine that they are. I’m starting to think these idiots are also vetting their top client’s twitter posts.
Date: August 15th, 2019 10:06 AM Author: talking concupiscible persian
When you go to their website, they ask you to click "I CONSENT" instead of just "agree" or "accept" like every other website. Was "I UNDERSTAND AND WISH TO CONTINUE" too long?
Date: August 16th, 2019 4:40 PM Author: irradiated onyx shrine
He should've worked at Susman if he wanted that. Of course, they would've made him actually work when he wasn't on leave and no chance a faggot like him would suffer that.