Follow-up: Verdict for Plaintiffs in Suit Based on Pregnancy / ABA Issues Gender Discrimination Guidelines
In an earlier post, we commented on a Law.com story about a discrimination suit based on pregnancy that went to trial. Now, the verdict is in and it is for the plaintiffs. The Law.com report on the verdict (“Ex-Associate, Paralegal Win Damages From Former Firm”) is again by Vesselin Mitev of the New YorkLaw Journal.
The jury actually found against the associates’ claim based on pregnancy but awarded her $16,000-plus in damages based on unequal pay. The other plaintiff, a paralegal, was awarded $700,00-plus, including $500,000 in punitive damages. The defense attorney – no surprise – is quoted as stating that the punitive damages were in excess of damages allowed by federal statute and that the verdict was inconsistent. In other words, the appeal is already being outlined.
Coincidentally, Law.com also reports that the American Bar Association (“ABA”) has issued guidelines on gender bias in law firms. That story (“ABA Releases Guide on Gender Bias in Firms”) is by Maris McQuilken of the Legal Times. Lest we be misled by a grammatical quirk in the title of the story, the guidelines released by the ABA are not about how to be biased but on how to eliminate bias.
According to the Law.com post, one of many tips in the guide is the following:
be as specific as possible during performance reviews by focusing on certain skills and results as opposed to relying on broad generalizations.
That seems to be good advice and not just for law firms but for any organization. We look forward to reviewing the entire guide. We’ve noted before, for example here, that performance reviews can be problematic avoidance of discrimination lawsuits.
