Jones Day (Photo by David Lat)
Say goodbye to the class-action gender discrimination lawsuit against Jones Day.
As you may recall, the purported class-action gender discrimination case alleged a “fraternity culture” at the firm and unequal pay behind the firm’s notorious “black box” compensation system. The plaintiffs were spread throughout the country — Nilab Rahyar Tolton, Andrea Mazingo, Meredith Williams, and Jaclyn Stahl worked in California offices of the firm, while Saira Draper was an associate in Atlanta, and Katrina Henderson was in the firm’s New York office — and a core allegation is that the same black box compensation systems kept their pay below that of men working at the firm.
After contentious discovery, U.S. District Judge Randolph Moss of the District of Columbia ordered Jones Day to provide plaintiffs with salary information about every associate nationwide from 2012 to 2018. But that data didn’t turn out how the plaintiffs anticipated, and after an analysis, the plaintiffs have decided to drop the class-action claims against the Biglaw firm, as reported by Law.com:
In a joint status report filed late Monday, attorneys for the six women suing the firm and for Jones Day indicated the women had decided to cast aside the class action claims after analyzing the nationwide evaluation and compensation data provided by the firm. They also agreed to drop their individual disparate impact claims related to the firm’s compensation model, while other individual claims will remain active.
Henderson, Draper, and Williams still have individual Equal Pay Act claims and there are also pending claims under the California Private Attorneys General Act, Title VII of the Civil Rights Act, the Family and Medical Leave Act, and various state and District of Columbia laws.
Attorney for the plaintiffs, Sanford Heisler Sharp’s Deborah Marcuse, said they’ll continue to pursue their individual claims:
“The six named plaintiffs brought this case in the name of transparency and equity in the legal profession and we will continue to vigorously pursue their compelling individual and statutory claims, including their individual claims of unequal pay.”
The firm’s statement on the latest development in the case noted the timing of the decision to drop the class-action claims and that they’ll continue to fight the individual claims:
Jones Day spokesman David Petrou noted that the women were required to submit expert reports in early December supporting their allegations that the firm’s evaluation and compensation processes led to systemic discrimination against women.
“But after their experts analyzed nationwide data for the period 2012–2018, they concluded—as Jones Day has said from the outset of the case’s filing—that there was no basis to pursue these claims,” he said in an email. “The firm will continue to litigate the limited—and equally meritless—claims that remain.”
It’s a quiet end to the class-action case we once hoped would blow open the firm’s notorious black box compensation system.
Earlier coverage: Jones Day Hit With Explosive Gender Discrimination Case
Jones Day Facing Second Class-Action Lawsuit Over ‘Fraternity Culture’ Of The Firm
Partner Whose Behavior Features Prominently In Jones Day Gender Discrimination Lawsuit Is Out At The Firm
Jones Day Wants Gender Discrimination Plaintiffs To Reveal Themselves To The Public
Plaintiffs Throw Shade At Jones Day In Gender Discrimination Lawsuit
Gender Discrimination Lawsuit Against Jones Day Gets Yet Another Plaintiff
Gender Discrimination Lawsuit Against Jones Day Dropped — Well, One Of Them At Least
Jones Day Gender Discrimination Case Spreads To New York
Amended Gender Discrimination Case Brings The Real Scoop On Jones Day Compensation
Jones Day To Gender Discrimination Plaintiffs: You Don’t Deserve To Be Paid On The Cravath Scale
Plaintiff Backs Out Of Gender Discrimination Lawsuit Against Jones Day Rather Than Reveal Her Name
Plaintiffs In Jones Day Gender Discrimination Case Want It To Be A Class Action
Jones Day Files For Sanctions In Ongoing Gender Discrimination Lawsuit
Jones Day Argues That Everyone’s Happier Not Knowing They’re Underpaid
Jones Day’s ‘Black Box’ Compensation One Step Closer To Being Blown Open
Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).